Frequently asked questions (FAQs) may be the subject of an application for annulment where it is likely to have significant effects on the situation of persons wishing to benefit from the measures referred to in that FAQ. This is what the Council of State asked in a decision issued on February 3, 2023.
One woman sought the annulment of an FAQ for being too powerful. The latter, relating to the Solidarity Fund for companies, excluded renters of non-professional furniture from the scope of the beneficiaries of that fund. It asked the Ministry of Economy, Finance and Industrial and Digital Sovereignty to delete this item from the frequently asked questions.
The Minister dismissed the complaint on the grounds that an answer contained in an FAQ is not subject to an appeal for an abuse of authority. Following that refusal, the applicant brought an action before the Conseil d’État.
The Conseil d’État upheld the applicant’s request by characterizing the existence of an error in the interpretation of substantive law in the FAQ. The contested point did not recognize the definition of the scope of the beneficiaries of the Solidarity Fund. Thus, the Conseil d'État recognizes the possibility of requesting the annulment of an FAQ where it is likely to have ‘significant effects on the rights or situation’ of persons wishing to benefit from the measures referred to.
