Dispute with the administration: summary proceedings-suspension

Verified 13 August 2026 - Public Service / (Prime Minister)

The summary suspension is a emergency procedure. It allows the administrative judge to suspend urgently execution an administrative decision, the legality is disputed. For example, the ban on traveling fans a few days before a match. We present you the applicable rules.

The summary suspension is a procedure that allows you to ask the administrative judge to suspend in an emergency enforcement of a decision administrative or some of its effects and of which you challenge it legality.

The judge hearing an application for interim measures has the task of anticipating what the position of the trial judges on the dispute.

The suspension ordered by the judge hearing the application for interim measures is thus provisional.

FYI  

The suspension ceases to have effect when a decision is taken on the substance of the dispute.

To make a summary suspension, you must complete the 2 following conditions :

  • Justify the urgency that there is a need to suspend the execution of the decision. This execution must affect sufficiently serious manner and immediate your situation or interests.
  • Invoke the serious doubt as regards the legality of the decision.

Warning  

The decision must not be fully enforced.

Urgency is considered on the date on which the judge hearing the application for suspension rules.

The judge studies the urgency in an objective and global way, that is to say, he compares the public interests invoked by the administration and the interests you mention.

Please note

To make an application for interim relief, you must have filed, in parallel, an appeal to request the annulment or alteration of the decision. In other words, you have to deposit 2 queries distinct.

The filing of an action for annulment or variation is a condition for the filing of the application for interim relief.

He is not not required to hire a lawyer to make an application for an interim suspension.

However, it is possible to seek advice from a lawyer. In this case, you will have to pay his fees.

Depending on your income and the value of your assets, you can apply for legal aid.

Please note

It is advisable to choose a lawyer specialized in public law.

Who shall I contact

To make a summary suspension, you must send a query to the judge of the administrative court for interim measures.

FYI  

For certain decisions, such as decrees or regulatory acts of ministers, you must address your interim suspension to the Council of State.

The way to file the application varies depending on whether you have a lawyer or not:

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You don't have a lawyer

You can make the request online, on-site or by post :

Online

You can submit your request via the online service Citizens' telemedicine :

Citizens' telemedicine (appeal to the administrative judge)

It must include the following items :

  • Your name, surname and address (if possible, a phone number and an email address to reach you quickly)
  • The purpose of the request (for example, the suspension of a decision)
  • The precise statement of facts
  • The legal arguments demonstrating the illegality or doubt as to the legality of the administrative decision and the need for an urgent decision by the judge hearing the application for interim measures.

You must attach to your request the following documents :

  • Copy of the application you made for the annulment of the decision
  • Copy of the decision concerned.
On site

The request may be filed with the graft of the administrative tribunal concerned. On the envelope, you must indicate "Referred".

Who shall I contact

It must include the following items :

  • Your name, surname and address (if possible, a phone number and an email address to reach you quickly)
  • The purpose of the request (for example, the suspension of a decision)
  • The precise statement of facts
  • The legal arguments demonstrating the illegality or doubt as to the legality of the administrative decision and the need for an urgent decision by the judge hearing the application for interim measures.

You must attach to your request the following documents :

  • Copy of the application you made for the annulment of the decision
  • Copy of the decision concerned.
By post

The request may be addressed to graft of the administrative tribunal concerned by post in RAR: titleContent. On the envelope, you must indicate "Referred".

Who shall I contact

It must include the following items :

  • Your name, surname and address (if possible, a phone number and an email address to reach you quickly)
  • The purpose of the request (for example, the suspension of a decision)
  • The precise statement of facts
  • The legal arguments demonstrating the illegality or doubt as to the legality of the administrative decision and the need for an urgent decision by the judge hearing the application for interim measures.

You must attach to your request the following documents :

  • Copy of the application you made for the annulment of the decision
  • Copy of the decision concerned.

You have a lawyer

If you are represented by a lawyer, they must use the app Removal to transmit your request.

Reminder

The application for interim measures is intended to temporarily suspend the effects of an administrative decision. It must be accompanied by a separate query tending to the cancelation or to reform of this decision.

In principle, you must not not pay to appeal to the Administrative Court.

In practice, if you take a lawyer, you have to pay his fees.

Depending on your income and the value of your assets, you can apply for legal aid.

You can also ask the court to order the administration to reimburse you for your legal fees. You must make a written request. You must also attach all documents justifying the amount of the advanced fees (quote, invoice, etc.). At the end of the trial, the judge decides whether or not to sentence the administration.

The query shall be examined on an expedited basis in accordance with a contradictory written or oral, before the judge hearing the application for interim measures takes his decision.

However, the judge hearing the application for interim measures may dismiss the application by prescription, without adversarial debate and without hearing in one of the following :

  • The request does not present no urgency (for example, if the decision has already been executed)
  • The request is obviously outside the jurisdiction of the administrative judge (for example, if the decision is to be challenged in court)
  • The request is obviously inadmissible (for example, if you have not brought an action for annulment of the decision)
  • The request is obviously ill-founded (for example, if you do not invoke any legal arguments in support of your application for interim relief or in support of your action for annulment).

Warning  

If your application for interim relief is rejected and you wish to maintain your query in cancelation or reformation, you have a period of 1 month from the notification rejection to confirm its continuation with the administrative court. You must write a letter of support to be filed online (Citizens' telemedicine), on the spot or by post. Otherwise, your request will be deemed to be discontinued.

As part of the adversarial procedure, the judge hearing the application must communicate the application to the administration and to all the persons concerned so that they can defend themselves.

The judge shall fix the date and time of the hearing as soon as possible and shall inform the parties.

You may be summoned by any means, including by telephone.

The parties may present their arguments at the hearing. The judge can also ask you questions.

The judge hearing the application for interim measures shall rule within a period of time between 48 hours and 1 month after the hearing.

This period may be exceeded if the complexity of the case so requires.

The interim order is yours notified without delay. It shall also be notified to the other parties to the case.

If the judge hearing the application for interim measures orders the suspension of the enforcement of a decision, that decision will not be enforced.

When the suspension is pronounced by the judge hearing the application for interim measures, the trial judge shall decide as soon as possible on the query in cancelation or reformation.

When it is a question of refusal decision, the judge hearing the application for interim measures requires the administration to temporarily annul the effects of its refusal.

Example :

In the event of suspension of a refusal to stay accompanied by an order to leave the territory, the judge hearing the application for interim measures may order the administration to issue you a temporary residence permit.

When it is a question of suspension of rejection decision, you can also ask the judge hearing the application for interim measures to pronounce, at the same time as the suspension, one or more injunctions against the administration.

Example :

If you request the suspension of a refusal to authorize the operation of an establishment, you can ask the judge for interim measures to order the administration to issue you the authorization or to reconsider your request.

The pronunciation of a prescription of suspension leads to a more rapid processing of the dispute on the merits (application for annulment or alteration).

If you wish to challenge the decision, you must form a appeal in cassation before the Council of State in the 15 days.

The Council of State shall take a decision as soon as possible.

Before the Council of State, you must be represented by a lawyer the Council of State and the Court of Cassation.

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

Please note

The administration can also appeal to the Court of Cassation.

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