Dispute with the administration: interim measures

The interim provision is an accelerated procedure that allows you to quickly obtain the payment of an advance on a sum of money owed to you by an administration or a public service (public service, municipality, public institution, etc.).

In order to make an interim provision, you must demonstrate that the administration owes you a sum of money (we are talking about receivable) and that this claim cannot be seriously challenged.

Before initiating the interim provision procedure, you must first send the administration a claim for compensation and receive a negative response on his part.

You do not have to justify an emergency situation to be able to make a referral.

You must obligatorily take a lawyer to make the application for interim provisions.

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

To make an interim provision, 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 request includes the following items :

• The names, first names and domicile of the parties (you, the administration)
• The purpose of the request (specifying the nature and amount of the receivableand the amount of the provision requested)
• The precise statement of the facts and means
• The statement of the conclusions submitted to the judge.

In principle, the application for interim relief is free of charge.

However, you must get a lawyer and 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 the request in writing. 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 convict the administration.

The query shall be immediately transmitted to the administration. It must reply to the judge within a time limit set by him.

The application shall be heard expeditiously in accordance with a procedure contradictory.

After receiving the administration's response, the judge hearing the application may convene a hearing to discuss the case, but he may also make his decision without a hearing.

The judge hearing the application for interim measures shall prescription by which it grants you the provision the amount of which it fixes.

The prescription is notified the administration concerned, and parties interested.

The amount of the provision granted corresponds to the non-contestable part of the receivable. The amount may be less than the total amount requested.

If your query of reference-provision is rejected, you can appeal in front of administrative court of appeal dwithin 15 days following the notification of the rejection decision.

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

In case of unfavorable decision of the Administrative Court of Appeal, you can appeal to the Court of Cassation. 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).