Dispute with the administration: interim measures

Verified 12 August 2026 - Public Service / (Prime Minister)

The administration owes you a sum of money and still hasn't paid it to you? You can request an advance on the receivable by making a interim provision. This procedure allows the administrative judge to order the payment of an advance on an amount due by the administration. We present you the procedure to follow.

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 (state 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.

Example :

If you have a contract specifying the price of your service, and the administration recognizes that it was performed on time, but that it has not paid you, you can engage a referral provision.

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

FYI  

The application for interim provision does not require only application on the merits be committed.

You do not have to justify an emergency situation to be able to make an interim provision.

In principle, you must be assisted by a lawyer to make an interim provision.

Who shall I contact

However, for following disputes, you are not obligated to have a lawyer assist you :

  • Highway Contravention Litigation
  • Dispute concerning direct contributions, turnover taxes and similar taxes
  • Individual dispute concerning officials, public servants, public authorities, agents or employees of the Banque de France
  • Litigation concerning pensions, benefits, allowances or rights granted in the field of social assistance or social action, housing or in favor of workers deprived of employment, reserved jobs and compensation for returnees
  • Dispute in which the defendant is a local authority, a public institution or a public health institution
  • Request to execute a final judgment
  • Litigation concerning the pricing or financing of certain social, medico-social or health facilities and services.

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 :

  • Names, forenames and domicile of the parties (you, the administration)
  • Subject of the request (specifying the nature and amount of the receivableand the amount of the provision requested)
  • Specific statement of facts and means
  • Statement of conclusions submitted to the judge.

Reminder

If your dispute does not necessarily require a lawyer, you can file your own application online, by post or directly on the spot at the registry of the administrative court concerned. Your request must be marked « referred ».

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

However, you must have a lawyer assist you and pay his fees.

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

Attention, for the following disputes, you are not obliged to take a lawyer:

  • Highway Contravention Litigation
  • Dispute concerning direct contributions, turnover taxes and similar taxes
  • Individual dispute concerning officials, public servants, public authorities, agents or employees of the Banque de France
  • Litigation concerning pensions, benefits, allowances or rights granted in the field of social assistance or social action, housing or in favor of workers deprived of employment, reserved jobs and compensation for returnees
  • Dispute in which the defendant is a local authority, a public institution or a public health institution
  • Request to execute a final judgment
  • Litigation concerning the pricing or financing of certain social, medico-social or health facilities and services.

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 dealt with expeditiously in accordance with a procedure contradictory.

After receiving the administration's response, the judge hearing the application for interim measures may convene a hearing to consider the arguments of the parties, but it can also make its decision without a hearing.

The judge hearing the application for interim measures shall issue a prescription by which it grants you the reserve, the amount of which it fixes.

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

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

FYI  

The administration may appeal of the decision before the administrative court of appeal and request a stay of execution from the order granting the provision.

It may also seize the trial judge of a query to determine definitively the amount of its debt. The administration has a period of 2 months from the notification of the decision to refer the case to the trial judge.

If your query of interim 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, he is mandatory to be assisted by a lawyer.

Who shall I contact

In the event of an unfavorable decision by 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).

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