Dispute with the administration: interim proceedings (or interim proceedings)
Verified 25 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Are you facing a situation that could lead to a dispute with an administration? You can ask the administrative judge to order an investigative measure or an expert report before the administration has even made a decision. To do this, you must use the procedure of the statement-referee, also called expert's report. We'll walk you through the process.
The interim order allows you to ask the judge for interim measures to order an expert opinion or any other measure of investigation, even if the administration has not yet taken a decision.
The purpose of the interim instruction is only to to establish facts.
Example :
You can ask for an expert opinion to assess the condition of a building that may be damaged during the execution of planned public works. This will make it easier to prove the link between the work and the damage to the building after the work has been completed.
The 2 conditions to be completed in order to make an interim instruction or interim expertise are the following:
- The measure you are asking for must be useful for the resolution of a current or future dispute
- The dispute falls within the scope of jurisdiction of the administrative judge.
FYI
The application for interim measures does not require an administrative decision to be taken beforehand.
The situation varies depending on the nature of the dispute between you and the administration:
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Non-financial or non-contractual dispute
It is not mandatory to take a lawyer to make the application for interim relief. You can make the request yourself, but you can also hire a lawyer.
The application for interim measures is made by a request sent to the administrative tribunal.
The request shall bear the indication "interim" and shall include the next items :
- Your name, first name and address
- The subject-matter of the request (specification of the expert opinion or inquiry requested)
- The precise statement of the facts
- Arguments demonstrating the validity of your request (utility of the measure).
The manner of filing an application for interim measures varies depending on whether you or a lawyer is making the application:
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You are not represented by a lawyer
You can make the request online, on-site or by maila.
Online
You can submit your request via the online service Citizens' Telemedicine. You must select the reference “referred” in the corresponding section.
Citizens' teleappeal (appeal to the administrative court)
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 the spot
The request may be deposited with the graft the administrative tribunal concerned.
The envelope shall be marked with the words “ interlocutory ”.
By mail
The request may be addressed to the graft of the administrative court concerned by post in RAR: titleContent.
On the envelope, you must indicate: " interlocutory ”.
You are represented by a lawyer
Your lawyer should forward your request to the application Remedy.
But if the lawyer is not yet listed in the Telemedicine application, he can send the request by any means.
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 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 reasoned request in writing. You must also attach all documents to justify the amount of the advanced charges (quotation, invoice, etc.). At the end of the trial, the judge decides whether or not to convict the administration.
Conduct of the assessment
An expert shall be appointed by ordinance the administrative court to establish, when the works are carried out, the condition of the buildings which may be affected by damage and their extent throughout the duration of the works.
The expert shall lodge a first report, with a summary of the time spent on appraisal, the costs incurred and disbursements, as soon as the establishment phase has been completed.
The President of the court (or the President of the Litigation Section of the Council of State) shall, by order, fix the amount of the fees, expenses and disbursements due to the expert.
Where the order so provides, the expert may continue his or her expertise to search for the causes and extent of the damage that would have occurred during the course of the work. This second phase is requested either by:
- The person who referred the application to the judge for interim measures
- Persons whose buildings may be affected by the work (e.g. owner, tenant)
- Other interested parties depending on the case (e.g. insurer, condominium syndicate).
When the expert report is definitively completed, the expert shall be remunerated for all his work. Such remuneration shall be made under the supervision of the President of the court.
Review by the Administrative Judge
The judge hearing the application for interim measures shall examine the application under the accelerated procedure, in accordance with a procedure contradictory written or oral.
It must immediately forward a copy of the request to the public administration or service concerned and give it a period within which to reply.
The judge hearing the application for interim measures shall then take his decision after having examined the arguments of the parties.
Warning
Where the application concerns the condition of buildings likely 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 shall make an order listing the measures of inquiry or expert opinion which he has decided to prescribe and the persons responsible for carrying them out.
The order shall be notified to you and to the public service concerned and to any other interested party.
The expert or the person responsible for carrying out the measures ordered must report to the judge hearing the application for interim measures, and the judge must notify the report to all parties.
FYI
If necessary, you can ask the judge hearing the application for interim measures to make a new order to prescribe additional measures of inquiry or expertise.
If your request for a statement-statement is rejected, you can appeal before the administrative court of appeal within 15 days of the notification of the rejection decision.
Before the Administrative Court of Appeal, it is compulsory to have a lawyer present.
In case of an unfavorable decision of the Administrative Court of Appeal, you can make a appeal on a point of law before the Council of State within 15 days of the notification.
Before the Council of State, it is compulsory to have a lawyer at the Councils (also called lawyer at the Council of State and the Court of Cassation).
Powers of the judge hearing applications for interim measures
Referral via the Telemedicine application
Representation of the parties before the Administrative Tribunal
Referred Statement
FAQ
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