Dispute with the administration: summary proceedings

Verified 08 September 2025 - Directorate of Legal and Administrative Information (Prime Minister)

Are you experiencing inconvenience related to a nearby site (dust, noise, debris) carried out or commissioned by the administration? This is one of the cases in which you can ask the administrative judge to order a measure of observation, in order to constitute evidence for you. For this, you must use the procedure of referral-finding. Here is the information you need to know.

The summary judgment is a procedure that allows the administrative court to make it known one situation or facts which could trigger a dispute.

Example :

A flooding of a cellar can cause rapid damage to a house, the poor condition of a road can cause an accident.

The summary judgment allows the judge to order an expert to ascertain without delay the facts that could give rise to a dispute within the jurisdiction of the administrative tribunal.

You can make a request for a preliminary ruling before initiating a main action (motion on the merits). This referral allows you to keep evidence facts which may no longer be ascertained at the time of judgment.

Please note

The referee-statement does not provide expertise. If you wish to ask the judge for interim measures to have an expertise carried out, you must use the specific procedure of the reference-statement.

To be able to make a referral-report, you must complete the 2 following conditions :

  • The expert must be commissioned to ascertain the facts
  • The measure must be useful for the resolution of a possible dispute.

FYI  

The request for a summary report does not require only motion on the merits be engaged.

The judge hearing the application for interim measures may designate an expert listed on the panels of experts with the courts, but it is not obliged to do so.

The judge may also designate any person which it considers competent to make the finding.

He is not not required to take a lawyer to make the request for an interim report.

But, if you wish, you can get advice from a lawyer. In this case, it is advisable to choose a lawyer specialized in public law.

Who shall I contact

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

In principle, the procedure is free of charge to make a referral-finding.

However, fees can be added in the following cases:

  • You get a lawyer, then you'll have to pay his fees
  • You may have to pay the fees and fees the expert (often at the expense of the party requesting the report).

To make a referral-report, you must send a query to the judge of the administrative court for interim measures.

The request must bear the words "referral" and shall include the following items :

  • Your surname, first names and address
  • The purpose of the request
  • The precise statement of facts
  • The arguments demonstrating the merits of your request (usefulness of the finding).

The way to file an application varies depending on whether you make the request yourself or by a lawyer:

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You are not represented by a lawyer

You can make the request online, on-site or by emailr.

Online

You can deposit your query via the online service Citizen Removal. You must select the " interim relief ’ in the relevant section.

Citizens' telemedicine (appeal to the administrative court)

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

On site

The query may be filed with the graft of the administrative tribunal concerned.

The envelope shall bear the words " interim relief ».

Who shall I contact
By mail

The query may be addressed to graft of the administrative court concerned by post in RAR: titleContent.

On the envelope, you must indicate “ interim relief ».

Who shall I contact

You are represented by a lawyer

Your lawyer must transmit your query via the online service Removal.

But if the lawyer is not yet registered in the online service Removal, it may send the request by any means.

The judge hearing the application for interim measures examines the admissibility of the request.

FYI  

The judge hearing the application for interim measures is not obliged to communicate the request for a declaration to the potential defense counsel (for example, the administration) before making his decision.

It has the power to assess on a case-by-case basis the usefulness of recourse to the interlocutory procedure.

If the judge accepts, he must send his prescription to the administration concerned.

The observation must be made in a framework contradictory, in the presence of parties or their representatives.

Decision of the Administrative Judge

If the judge agrees, he or she shall an expert or all other person which it considers competent to make the finding.

If the judge deems it necessary, he may appoint several experts.

The judge must then inform by prescription the administration concerned.

Within 10 days after the decision of the administrative judge, the graft chief of the tribunal notified to the expert the decision convening him and the purpose of his mission.

Unfolding of the report

The expert notifies the parties (for example, you, the administration, representatives) of the days and times when the finding will take place. This notification is addressed to them at least 4 days in advance, by registered letter.

The expert guarantees the procedure contradictory observation operations.

The parties may make comments throughout the observation. These remarks are then included in the expert's report.

Please note

The expert may set a time limit for the parties to comment. It may, outside this period, disregard the remarks made by one or more of the parties.

The parties must, without delay, provide the expert with any document that the expert considers necessary for the performance of his mission.

If the parties have reached an agreement before the end of the fact-finding mission, the expert shall note this in his report. This agreement interrupts the expert's mission.

In the event that no agreement is reached, the mission continues.

The expert may prefer exchanges by electronic means to ascertain the identity of the parties, integrity the documents transmitted and the confidentiality of the exchanges.

The expert may also, with the agreement of the parties, carry out all or part of the verification operations by means of audiovisual telecommunications.

During the observation phase, the judge may organize one or more sessions in order to ensure the smooth running of the operations. The parties and the expert shall be summoned at least 7 days before the session by a notification made by letter RAR: titleContent or by administrative route.

Delivery of the report

The expert shall lodge his report with the graft of the Administrative Tribunal. The report also includes a summary of time spent, costs and disbursements committed.

Some copies of the report are sent to the parties.

The parties have 1 month to comment on the report.

The expert is then paid for all his work. Such remuneration shall be made under the supervision of the President of the court and shall be fixed by prescription.

In principle, the costs and fees shall be the responsibility of the party requesting the finding. However, for reasons of equity, they may be shared between the different parties.

If your request for referral-report is rejected, you can appeal in front of administrative court of appeal within 15 days following the notification of the rejection decision.

Before the Administrative Court of Appeal, it is mandatory to be assisted by a lawyer.

Who shall I contact

In case of unfavorable decision of the Administrative Court of Appeal, you can make a appeal in cassation in front of Council of State within 15 days following the notification of the decision.

Before the Council of State, it is mandatory to be assisted by a lawyer on the Council (also known as lawyer at the Council of State or to the Court of Cassation).

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