Appeal to the Administrative Court of Appeal (CAA)

Verified 17 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You have received a judgment from the administrative court and it is not suitable for you? Appeals may be made to the Administrative Court of Appeal (CAA) in certain cases. You need to get a lawyer and send the appeal request in time. We guide you.

You can appeal against all judgments rendered by the administrative tribunal, except the decisions rendered in 1er and last resort, and the decisions that must be appealed before the Council of State.

FYI  

The mail accompanying the notification of the decision of the administrative tribunal shall indicate whether or not an appeal may be made to an administrative court of appeal.

The grounds on which you can appeal against an administrative court judgment are as follows:

  • Error of assessment of the facts: the facts set out in the judgment do not correspond to reality
  • Misapplication of the law: the court applied a law that was not supposed to apply to the situation being tried
  • Non-conformity of the law with the Constitution : The court applied a law that is contrary to the Constitution.

The situation varies depending on whether you live in metropolis or overseas, and depending on the geographical distance between your domicile and the seat of the court.

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You live in the mainland

The jurisdiction is located in mainland France

The time limit for appeal is set out in the notification of the contested decision.

Except in special cases, it is 2 months for judgments and 15 days for interim measures.

An appeal period of less than 2 months must be stated in the notification of judgment.

If the notification does not contain an appeal period of less than 2 months, the 2-month period shall apply.

The jurisdiction is also overseas

The time limit for appeal is set out in the notification of the contested decision.

If the court has its seat overseas, except in special cases, the period is 3 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

You live overseas

The jurisdiction is located in mainland France

The time limit for appeal is set out in the notification of the contested decision.

If the court has its seat in metropolitan France, except in special cases, the period is 3 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

The jurisdiction is also overseas

The time limit for appeal is set out in the notification of the contested decision.

If the court has its seat overseas, except in special cases, the period is 3 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

You reside abroad

The time limit for appeal is set out in the notification of the contested decision.

Except in special cases, the time limits for persons residing abroad are 4 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

In order to appeal against a judgment of the administrative court, you must take a lawyer.

Who shall I contact

There is an exception when the contested judgment is made in the case of highway traffic ticket.

The covering letter of the notification the judgment should inform you.

The situation varies depending on whether you file the application or the application is filed by your lawyer:

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You file the request yourself

If you are in the situation where you can make the appeal yourself, you have the right to file the request online, on site or by mail.

Online

You must file your request via the online service Remedy citizens:

Citizens' teleappeal (appeal to the administrative court)

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments showing the validity of your request.

If you wish to file the appeal via the Citizens Remedy online service, it is advisable to consult the brochure explaining the procedure to be followed and the documents to be provided.

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory.
On the spot

The request must be deposited with the graft of the Administrative Court of Appeal.

Consult the mail accompanying the notification the decision of the administrative tribunal to determine which administrative court of appeal you should apply to.

Who shall I contact

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments showing the validity of your request.

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute.
By mail

The request must be sent to the court registry by post preferably with RAR: titleContent.

Consult the mail accompanying the notification the decision of the administrative tribunal to determine which administrative court of appeal you should apply to.

Who shall I contact

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments showing the validity of your request.

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute.

The request is made by your lawyer

If the request is made by a lawyer, he must transmit it via the application Remedy.

You don't have to pay to appeal to the administrative judge.

But if you hire a lawyer, you have to pay his fees.

Depending on your income and the value of your wealth, you may be able to benefit from legal aid.

You can also ask the court to order the administration to reimburse you for your legal fees.

The appeal against the administrative court's judgment is not suspensive. This means that the contested judgment must be enforced despite the appeal being lodged.

However, you can ask the appellate judge to order a stay of execution.

During the investigation, the court can question you in writing, just as it can question your opponent.

The Administrative Court of Appeal conducts an inquiry into the case to prepare for the hearing.

The inquiry allows the court to gather the data necessary for the examination of the case: verification of the facts, compilation of the parties' arguments, etc.

The Court of Appeal may organize an oral hearing or an investigative hearing if necessary.

The oral hearing and the hearing can allow you to have an adversarial debate with your opponent on the elements that are useful to decide the dispute.

These hearings do not concern the merits of the arguments put forward in support of the motion.

You or your lawyer are notified of the date of the hearing by mail RAR: titleContent or via the Remedy online service.

During the hearing, there is an adversarial debate with your opponent on the arguments put forward in support of the motion.

At the end of the hearing, the case is deliberation.

The Court of Appeal makes its decision after the hearing and you notify.

It is not possible to appeal or introduce a application for review against the decision of the court of appeal.

But you can do opposition or a appeal on a point of law against the decision of the Court of Appeal.

The remedies and time limits for appeal shall be set out in the letter of notification of the judge's decision.