Vous êtes ici : Accueil > General information > 07. Responsibility and litigation > Administrative litigation
 
Administrative litigation
 

3Appeal against what, by whom, within what time limit ?3

Any decision made by an administrative authority can be appealed on the grounds of abuse of power. This is the case for decisions relative to classified installations. Appeals can be made in particular against a permit or permit refusal order or against the operational requirements of a permit order.

Appeals can be filed by the operator within two months of the notice of decision.

Local residents, associations and municipalities can file an appeal within a 4 year time limit. This limit is reduced to 6 months for quarry permits and 1 year for permits regarding local public services or services of general interest.

Please refer to article L 514-6 of the Environmental code for further details on the time limit for appeal, which varies depending on the case.

3Courts with jurisdiction3

The appeal must be filed in the first instance with the administrative court with jurisdiction in the geographical area where the installation which is the object of the dispute is located. The principal office of the administrative court is generally located in the main town of the region, with some exceptions.

The appeal is filed with the administrative court of appeal. There are 8 administrative courts of appeal in France.

Further appeal can only be made with Council of State.

3Full jurisdiction proceedings3

With regard to classified installations, the administrative judge has unrestricted jurisdiction. This means that his decision can exceed the simple annulment or simple confirmation of the administrative decision.

For example, he can :

  • grant a permit rejected by the Prefect and subject it to operational requirements
  • change technical operational requirements
  • ask the Prefect to impose additional operational requirements.