FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
However, the higher administrative act will only be declared illegal, not annulled. Second, claimants may challenge an administra - tive act on the grounds that it originates from a law that is itself illegal because it violates inter - national treaties. Should the judge find that the law is contrary to the international treaties, the judge will annul the challenged administrative act due to its lack of a valid legal basis. However, the law will remain formally in effect but will no longer be applied in practice by the administra - tive courts. 13.3 Mandating Government Action Through Court Orders In principle, the administrative judge does not have the authority to issue injunctions against the administrative authorities. This self-restraint is grounded in the principle of the separation of administrative courts and administrative authori - ties. As a result, claimants are generally prohibited from seeking injunctive relief, except for in any issues related to the enforcement of the judicial decision. However, in exceptional circumstances, the administrative judge may have the authority to issue injunctions against administrative authori - ties. In such cases, the judge can complement annul - ments and rulings with injunctive measures aimed at clarifying and specifying the required conduct of the party to whom the injunction is directed, ensuring compliance with the obliga - tions imposed by the judicial decision. For example, based on this reasoning, the Coun - cil of State ordered the French government to
take all necessary measures to reduce green - house gas emissions on national territory in order to meet the targets for emissions reduc - tions (Council of State, 1 July 2021, Commune de Grande-Synthe, case No 427301). 13.4 Next Steps Where a Decision Is Found Unlawful The consequences of the illegality of an admin - istrative act depend on the context in which the administrative judge is seized. In the context of an ultra vires action, the ille - gality of an administrative act can have various outcomes. First, the act’s illegality may lead to its annulment by the administrative judge, in which case the annulment will result in the retroactive invalidation of the administrative act. Second, the illegal nature of the act may lead to its repeal, meaning the act will be invalidated, but only for future effects. Third, if an administrative act is challenged by legality exception, it may be declared illegal but not annulled, allowing it to remain in force, albeit with its illegality acknowl - edged. The administrative judge has broad powers in the context of comprehensive litigation. Depending on the case, the administrative judge can annul or terminate an agreement, order the payment of a sum of money, set the amount of damages, or amend an administrative act. In any case, the rulings of the administrative judge are binding on the administrative author - ity and require its active cooperation. If the administrative authority refuses to comply with the court’s ruling, the administrative judge may be called upon to ensure compliance by issuing injunctions and potentially imposing fines.
120 CHAMBERS.COM
Powered by FlippingBook