Dispute with the administration: summary proceedings (or summary proceedings)

Verified 16 September 2026 - Public Service / (Prime Minister)

Is your building likely to be impacted by the construction of public works? This is one of the situations in which you can ask the administrative judge to order an investigative measure or an expert report, even before the administration makes a decision. To do this, you must use the procedure of the reference-instruction, also called referral-expertise. We present you the procedure to follow.

The summary hearing allows you to ask the summary hearing judge to order expertise or any other measure of instruction, even if the administration has not yet taken a decision.

This interim measure allows for the collection of evidence, the assessment of damage or the clarification of situations.

Example :

You can ask for an expertise to assess the condition of a building that is likely to suffer damage during the realization of planned public works. This will make it easier, after the works, to prove the link between the works and the damage suffered by the immovable.

To make a reference-instruction, you must complete the 2 following conditions :

  • The measure you are asking for must be useful for the resolution of a current or future dispute
  • The dispute falls within the jurisdiction of the administrative judge.

FYI  

The application for interim measures does not require an administrative decision to be taken in advance.

To make a request for an interim order, you you don't always need a lawyer. It depends on the litigation to which your request relates.

If this litigation does not require a lawyer, you can make your application for interim measures without a lawyer.

Howevere, if the dispute to which your application relates requires a lawyer, you must also take one for your application before the judge for interim measures.

Please note

It is not necessary for a main dispute (application on the merits) is already engaged to make a request for interim measures.

Who shall I contact

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

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

The request shall be marked ‘interim relief’ and shall include the following items :

  • Your name, surname and address (if possible your phone number and email)
  • The subject of the request (clarification of the requested expert or investigative measure)
  • The precise statement of facts
  • The legal arguments demonstrating the merits of your claim (usefulness of the measure).

The manner in which you file a summary order varies depending on whether you make the request yourself or by a lawyer :

Répondez aux questions successives et les réponses s’afficheront automatiquement

You are not represented by a lawyer

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

Online

You can deposit your query via the online service Citizens' telemedicine. You must select the mention " interim relief » in the corresponding section.

Citizens' telemedicine (appeal to the administrative judge)

If you wish to file the appeal via the online service Citizens' telemedicine, 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 post

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

On the envelope, you must indicate the words " interim relief ».

Who shall I contact

You are represented by a lawyer

Your lawyer must submit your request via the app Removal.

But if the lawyer is not yet registered in the Telemedicine application, he can send the request by any means.

In principle, the procedure is free of charge.

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

Reminder

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

The query is educated according to a adversarial procedure.

The judge must immediately send a copy of the application to the administration concerned and give it a deadline for responding.

Warning  

Where the application concerns the condition of immovable property which is liable to be damaged by public works, the judge hearing the application for interim measures may take his decision without forwarding the application to the administration concerned.

The judge hearing the application for interim measures has a certain freedom to prescribe a measure of instruction or expertise. But he cannot :

  • Entrust an expert with a mission that concerns a question of law
  • Comment on the applicant’s criticisms of the conditions under which the first expert examination took place
  • Order a measure that exceeds its powers.

Decision of the Administrative Judge

The judge hearing the application for interim measures shall issue a prescription who shall indicate the list of the measures of instruction or expertise which he has decided to prescribe, as well as the persons responsible for carrying them out.

The prescription is yours notified and to the administration concerned and any other interested party.

Conduct of the expertise

An expert shall be appointed by prescription the court hearing the application for interim measures to declare, when executing the works, the condition of the immovable property which may be affected by damage.

Throughout the expertise, the judge can organize one or more sessions to ensure the smooth running of operations.

In a 2 months after the first meeting, the judge may amend the list of persons involved in the expert appraisal. It may add or exclude persons at the request of one of the parties or the expert himself.

The judge also has the possibility to:

  • Extend the expert's mission to the examination of technical issues that would prove useful for the proper execution of this mission
  • Reduce the scope of the mission if some of the proposed research appears unnecessary.

At the end of observation phase, the expert shall submit a first report, together with a summary of the time spent, the costs and disbursements committed.

The president of the court (or the president of the litigation section of the Council of State) then fixes, by order, the amount of the feescosts and disbursements due to the expert.

If the order so provides, the expert may continue his mission to investigate the causes and extent of the damage that would occur during the works. This second phase may be requested by:

  • The person who brought the matter before the judge hearing the application for interim measures (the applicant)
  • Persons whose properties may be affected by works (e.g. owner, tenant)
  • Other interested parties according to the file (for example, insurer, syndicate of co-ownership).

When the expert appraisal is definitively completed, the expert is paid for all his work. Such remuneration shall be made under the supervision of the President of the court.

If your query of referee-instruction is rejected, you can appeal in front of administrative court of appeal dwithin 15 days following the notification of the rejection decision. The appellate judge himself decides in summary proceedings.

Before the Administrative Court of Appeal, he 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 on a point of law in front of Council of State within 15 days following the notification.

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 and the Court of Cassation).

Who can help me?

Find who can answer your questions in your region

FAQ