Dispute with the administration: interim measures
Verified 16 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you waiting for a sum of money to be paid by the administration or by a public service? You can request an advance on the claim via the procedure of the interim provision. This procedure allows the administrative judge to order the payment of an advance on an amount due by a public body as a matter of urgency. We'll walk you through the process.
The interim provision is an accelerated procedure that allows you to quickly obtain an advance payment on a sum due to you by an administration or a public service (State service, municipality, public establishment, etc.).
For example, if you provided services for a public service that is late in paying you.
In order to make an interim provision, you must demonstrate that you have a claim on administration and that this claim cannot be seriously contested.
For example, if you have a contract that provides for the price of your service and the administration acknowledges that you performed the service on time.
If the claim relates to compensation for damage caused to you by a public service, you must first send him a claim for compensation and receive a negative reply before you can make an application for interim relief.
You are not obliged to bring proceedings before the administrative court in parallel with the application for interim measures in order to obtain a judgment on the merits of the case.
You also do not have to justify an emergency situation to be able to request an interim measure.
You must have a lawyer to make the application for interim relief.
Who shall I contact
The request is in the form of a request sent to the judge hearing applications for interim measures of the administrative court.
You must specify the following:
- Purpose of the claim (specifying the nature and amount of the claim, and the amount of the provision claimed)
- Statement of Facts
- Arguments on the merits of your request
Your lawyer must use the app Remedy to forward your request to the relevant court.
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 request shall be dealt with expeditiously in accordance with a procedure contradictory, before the judge hearing the application for interim measures takes his decision.
In the Administrative Court, the judge hearing an application for interim measures shall be the President of the Court or the magistrate whom he has appointed to carry out that task.
The judge hearing an application for interim measures shall, on receipt, forward the application for interim measures to the public service in question and shall fix a time limit for reply.
After receiving the administration's response, the interim relief judge may convene a hearing to discuss the case, but he or she may also make a decision without a hearing.
The judge hearing the application for interim measures shall issue an order granting you the reserve, the amount of which he shall fix.
The order is notified to the public service in question and to interested parties.
Please note
The judge may ask you to give a financial guarantee before paying you the deposit. For example, the freezing of a sum of money at the Caisse des Dépôts et Consignations. This allows the court to be sure that the administration will be able to recover the provision in case you have to repay it.
If your application is declared inadmissible or rejected, you can appeal of the decision within 15 days following its notification to the administrative court of appeal.
If the Administrative Court of Appeal also dismisses your motion, you can make a appeal on a point of law before the Council of State in the 15 days following notification of the rejection decision.
Application for interim measures
Compensation: need for a prior decision by the administration (Article R421-1)
FAQ
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Council of State
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