FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
differently, with its own procedural rules that are based on an inquisitorial rather than adversarial model (see 8.1 Disclosure/Discovery ). The procedure before the administrative judge is mainly written. In other words, the parties submit to the judge in writing the details of their claims, as well as the documents, exhibits or elements they deem necessary for the resolution of the dispute. In this context, discussion of any new argument, document or information within the framework of the written procedure must be possible. However, the written nature of the procedure does not rule out the possibility for claimants and defendants to present oral observations during the hearing which, with a few exceptions, can only expand upon the arguments presented in the written briefs. The administrative judge may also hear witnesses in person and question both the claimants and defendants. By way of exception, the interim proceedings ( procédures de référé ), as emergency proceed - ings, may be oral, thus allowing for the investiga - tion to be conducted during the hearing. 9. Time Limits and Preliminary Steps 9.1 Preliminary Requirements In principle, claimants can always file an admin - istrative appeal before taking legal action, but this is never mandatory. Natural person and legal entities are entitled to first appeal to the administrative authority through an appeal for leniency or a hierarchi - cal appeal, with the possibility of an amicable settlement. During this process, they can raise
considerations of opportunity and fairness. Fur - thermore, an administrative appeal can help avoid unnecessary legal proceedings. However, in certain cases, individuals are required to exhaust a prior administrative appeal before they can bring their case before the administrative court. If this mandatory step is not followed, the judicial appeal will be inadmissible. This obligation may be established by legisla - tive or regulatory provisions, or by a provision in an agreement. For instance, the general administrative provisions of public works agree - ments (which are given contractual value by the agreements referring to them) require that the administrative authority co-contractors may only bring a claim before the competent administra - tive court after submitting a memorandum to the contracting authority outlining the grounds and subject of their claim. 9.2 Exhausting Internal Appeals In principle, claimants do not have to exhaust all specific administrative remedies before lodg - ing an appeal before administrative courts. As a consequence, claimants can challenge admin - istrative acts directly beforehand to the admin - istrative judge. Only in exceptional cases is there an obligation to exhaust all legal remedies (see 9.1 Prelimi- nary Requirements above). In addition to the previously mentioned instanc - es of compulsory prior administrative appeals, there is the rule of prior administrative decision, as outlined in Article R. 421-1 of the Code of Administrative Justice. This rule requires the claimant to direct their claim, otherwise it will be inadmissible, against
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