Appeal against the State
What is a liability claim against the State?
This is an action allowing a person injured by a fault, a failure or an illegal decision of the administration to obtain compensation for the damage suffered.
What are the legal grounds for recourse against the State?
The appeal may be based on liability for fault, liability without fault (in particular for breach of equality before public charges) or on the illegality of an administrative act.
Which jurisdiction is competent to bring an action against the State?
In principle, the territorially competent administrative court is seized, except in cases of special jurisdiction (e.g.: Council of State in first and last instance in certain cases).
Is there a time limit for filing a claim against the State?
Yes, the standard time limit is two months from the publication or notification of the act, or from the date the damage occurred.
What is the difference between an appeal for abuse of power and an appeal for full jurisdiction?
The appeal for abuse of power aims to have an illegal administrative act annulled. The full jurisdiction appeal also allows for compensation for the damage suffered.
Can we challenge an implicit refusal by the administration?
Yes, a silence maintained for two months is in principle considered to be an implicit decision of rejection, subject to appeal before the administrative judge.
Is it mandatory to file an administrative or hierarchical appeal before going to court?
No, unless a text requires it. However, a prior appeal can be strategic in changing the administration's position or interrupting the litigation period.
How is damage proven in an action against the State?
The burden of proof lies with the applicant. He must demonstrate the existence of a direct link between the illegality or fault of the administration and the damage suffered.
What types of damages can be compensated?
Material, moral and physical damages may be compensated, provided that they are certain, direct and current.
Does the appeal against the State have a suspensive effect?
No, in principle. The contested act or situation remains applicable, unless the judge orders a suspension measure (interim suspension for example).
Can compensation be obtained in the absence of administrative fault?
Yes, in certain exceptional cases of strict liability, particularly in cases of abnormal damage caused by legal decisions or exceptional situations.
