When an initial decision has been rendered by an administrative court, it can, under certain conditions, be contested. The case is then re-examined and re-judged by an administrative court of appeal. The appeal procedure is thus based on the existence of different levels of jurisdiction.

An appeal is possible when the decision specifies that it is rendered in the first instance.

Some judgments cannot be appealed, particularly those rendered as final decisions by the administrative court (Art. R811-1 of the Code of Administrative Justice). The only possibility to contest the judgment is then a cassation appeal before the Council of State. The cassation appeal is not intended to have the case re-judged; the Council of State only verifies the correct application of the law.

The party appealing a decision is the ‘appellant’ and the person defending in the appeal instance is the ‘respondent’.

The appeal judges can:

• Fully or partially confirm the judgment rendered in the first instance;
• Modify or annul the judgment rendered in the first instance.

The appeal can cover all or part of the decision and is possible for all parties to the trial.

To be admissible, the appeal must be made within certain time limits, which are not the same depending on the types of decisions rendered.

Time Limits for Appealing an Administrative Decision

Unless otherwise specified, the appeal period is two (2) months from the notification or service of the administrative court’s judgment (Art. R811-2 Code of Administrative Justice).

The failure to mention, in the notification of the judgment, an appeal period of less than two months results in the application of the two-month period (Art. R811-3 of the Code of Administrative Justice).

The period is fifteen (15) days for orders issued in the context of one of the summary proceedings (Art. L523-1 C. just. adm.).

Extension of the Appeal Period

The appeal period is extended by one (1) month for the party residing overseas when the decision was made in metropolitan France. The same applies to decisions made overseas for a person who does not reside in the territorial community within which the administrative court has its seat (Art. R421-7 of the Code of Administrative Justice).

This same period is extended by two (2) months for people residing abroad.

Effect of the Appeal

The appeal is not suspensive (Art. R. 811-14 of the Code of Administrative Justice), except for exceptions provided by law (example: in electoral litigation matters). This means that the contested decision must be executed until the decision of the administrative court of appeal. However, it is possible to request a stay of execution from the appeal judge.

Recourse to a Lawyer

The assistance of a lawyer is in principle mandatory before an administrative court of appeal, except if the dispute concerns major road offenses.

In cases where the appeal falls within the jurisdiction of the Council of State, recourse to a lawyer is in principle optional. It remains mandatory only for appeals against a freedom-related summary judgment.

Request for Legal Aid and Interruption of the Appeal Period

Regardless of the court of first instance that rendered the decision, a request for legal aid interrupts the period for appeal (Art. 43 of Decree No. 2020-1717 of December 28, 2020, CE, July 26, 2006, Sté générale de la Ferme, request No. 285622). This means that a new period, of the same duration as the initial period, will start to run from the date on which the applicant for legal aid can no longer contest the decision on their application or, in case of appeal, from the date on which the decision relating to this appeal was notified to them.

However, the request for legal aid must be filed with the legal aid office before the expiration of the appeal period.
The right of access to a judge excludes, in fact, that the appeal period can run as long as a final decision has not been made on a request for legal aid filed within this period (ECHR Oct. 6, 2011, No. 52124/08, Staszkow v. France).

Other cases can interrupt or suspend the appeal period. For example, in administrative law, referral to the Conciliation and Compensation Commission (CCI) suspends the appeal period (Article L. 1142-7 of the Public Health Code) until the end of the amicable settlement procedure.

APPLICABLE REFERENCES

Articles R421-1 to R421-7 of the Code of Administrative Justice (appeal period); Articles R431-11 to R431-13 of the Code of Administrative Justice (representation of parties before the Administrative Court of Appeal); Articles R811-1 to R811-19 of the Code of Administrative Justice (appeal procedure); Articles R921-1 to R921-8 of the Code of Administrative Justice (execution of the decision); Decree of October 9, 2020 relating to the use of electronic procedures before the Council of State, administrative courts of appeal and administrative tribunals, and containing other provisions.

Decree No. 2020-1717 of December 28, 2020 implementing Law No. 91-647 of July 10, 1991 relating to legal aid and concerning legal aid and assistance for lawyer intervention in non-jurisdictional procedures.