How Is an Annulment Action Against an Administrative Act Filed?

When an administrative act — an appointment, a disciplinary penalty, a permit refusal or an administrative fine — infringes your rights, the primary remedy is an annulment action. The most critical feature of this action is that the filing deadline is short and strict.

Who May File an Annulment Action?

An annulment action may be filed by any natural or legal person whose interests are infringed by an administrative act. The claimant must have a current and personal interest connected to the act they seek to have annulled.

What Is the Filing Deadline?

As a general rule, an annulment action must be filed before the administrative court within 60 days of notification (or publication) of the administrative act. This deadline is preclusive; if missed, the act becomes final and the right to sue is generally lost. Where the law requires a mandatory administrative application for certain acts, filing that application suspends the filing deadline.

What Should the Statement of Claim Contain?

The statement of claim must set out, in concrete terms, the respect in which the act is unlawful — whether the defect lies in authority, form, grounds, subject matter, or purpose. Where the harm would be difficult to remedy, a stay-of-execution request may also be added to the petition.

Is It Combined with a Stay of Execution?

Where implementation of the act would cause harm that is difficult or impossible to remedy, a stay-of-execution request may be filed together with the annulment claim; this can result in the act being provisionally suspended without waiting for the case to conclude.

Practical Tips

Always note the exact date on which the act was notified to you, as the 60-day period runs from that date. Obtaining a legal assessment before the deadline expires is decisive both for preparing a solid statement of claim and for filing a stay-of-execution request in time.

This article is provided for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.