FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
nevertheless be noted that the assessment of the justification in bringing proceedings is not always clear in comprehensive litigation and sometimes refers to sufficiently direct and certain justification in obtaining the requested annulment or measure. 6.2 Charities and NGOs Associations have the right to challenge admin - istrative acts even if they are not directly affected by them. Their right to challenge is assessed based on the following factors: • the scope of the administrative act in relation to the association’s territorial area of opera - tion – eg, except in matters relating to public freedoms, an association of national scope is not entitled to challenge a decision that has a limited territorial application; and • the association’s corporate purpose; this pur - pose must be sufficiently precise in relation to the administrative act for the association to justify its right to act. For example, an association whose corporate purpose includes defending consumer interests is not entitled to challenge a ministerial decree approving the execution of a public partnership agreement for the design, construction, mainte - nance and financing of a transport infrastructure project (Council of State, 23 December 2016, Assoc. Études et consommation CFDT du Languedoc Roussillon, case No 392815).
become involved in proceedings between origi - nal parties. Intervention is admissible before all administrative courts if the following conditions are met: • the party must be a third party to the dispute, meaning they have not been summoned, impleaded, or represented in the proceed - ings, either before the court where the intervention takes place or before subordinate courts in the same case; • the intervention must be presented in a sepa - rate submission and should not delay the judgment of the main case; • the party must have standing to intervene, meaning they must have legal personality and, if acting on behalf of another, be author - ised to do so; and • the party must have an interest in intervening, meaning they must demonstrate a sufficient interest in the case, considering the nature In voluntary intervention, the third party inter - vener merely supports the arguments of one of the original parties, without introducing any new legal argument to the original claim or defence. Therefore, the third-party intervener must limit themselves to aligning with the submissions already presented by the original parties to the administrative court. Despite its limited scope, voluntary intervention has undeniable practical value: • there are instances where the intervener may present the party’s claim more convincingly than the party itself; • an intervention can strengthen the credibility of the appeal; and and subject matter of the dispute. 7.2 Roles of Additional Parties
7. Other Parties 7.1 Joinder
The purpose of voluntary intervention in admin - istrative litigation is to allow a third party to
109 CHAMBERS.COM
Powered by FlippingBook