Access to court

Question 1

Germany - When is the administrative court competent?

Answer 1

1. On all public law disputes unless it is specifically allocated to another court by statute
2. For damages, if it arises from unilateral action or from a contract under public law

Question 2

Germany - Court structure

Answer 2

1. Administrative Court of First Instance
2. Higher Administrative Court
3. Federal Adminsitrative Court

Question 3

Germany - Is there an objection procedure?

Answer 3

1. Yes! Mandatory unless inaction, statutory provision says otherwise, the act was taken by a higher Federal or State authority or the decision affects a 3rd party
2. Addressed to the administration which issued the decision
3. Within 1 month from notification
4. If justified, can bring to redress

Question 4

Germany - What are the time limits?

Answer 4

1. 1 month from the notification of the decision
2. The administration has 3 months to make a decision
3. Unless it was not the individual’s fault that he was late or that the applicant was not properly informed about remedies (1 year than)

Question 5

Germany - What are the conditions for standing?

Answer 5

If your objective rights have been violated:

1. As an addressee
2. 3rd party if you can prove that your right has been violated

Question 6

France - When is the court competent?

Answer 6

1. Public service
2. Using the prerogatives of a public power
3. Prescribed in statutory law
4. Administrative contracts

Question 7

France - What is the Court Structure?

Answer 7

1. Administrative Court of First Instance
2. Administrative Court of Appeal
3. Conseil d’État

Question 8

France - Is there an objection procedure?

Answer 8

1. Recours pour excès de pouvoir (= annulment):
   - Not mandatory
   - Recours gracieux - Sent to the same authority v. recourse hiérarchique - sent to a higher authority
2. Recours de pleine jurisdiction (anything else but annulment):
   - Objection procedure obligatory
   - The administration will issue a ‘décision préalable’ which can then be challenged

Question 9

France - What are the time limits?

Answer 9

1. 2 months from publication or notification (for both objection and decision)
2. The administration has 2 months to decide
3. Unless the delay is due to excusable mistake

Question 10

France - What are the conditions for standing? Recours pour excès de pouvoir

Answer 10

The applicant must have an intérêt à agir (ideological, moral, collective…)

1. Addressee
2. 3rd parties if interest is:
   - Sufficient
   - Direct
   - Actual
   - Certain

Question 11

England and Wales - When will the administrative courts be competent?

Answer 11

1. Decision, action or failure to act in relation to the exercise of a public law function
2. Datafin - If a body exercises public law function or if its functions have public law consequences
3. Damages may not be sought alone

Question 12

England and Wales - What is the court structure?

Answer 12

1. Administrative Court
2. Court of Appeal
3. Supreme Court

Question 13

England and Wales - Is there an objection procedure?

Answer 13

Not mandatory

Question 14

England and Wales - What are the time limits?

Answer 14

1. No longer than 3 months unless good reason for delay

Question 15

England and Wales - What are the requirements for standing?

Answer 15

1. Claimant must show sufficient interest:
   - Addressee
   - 3rd parties if they have an interest
   - Others must show that they have an interest through reputation and activities

Question 16

The Netherlands - When will the administrative courts be competent?

Answer 16

1. If it is a besluit (includes refusal and failure to act)
2. Unless it is excluded by statutory law
3. Contracts go to ordinary courts

Question 17

The Netherlands - What is the court structure?

Answer 17

1. District Courts
2. Appellate courts:
   - Central Appellate Court - Social security
   - High Administrative Court for Trade and Industry
   - Council of State has residual competence

Question 18

The Netherlands - Is there an objection procedure?

Answer 18

1. Mandatory unless mutual consent, inaction or provided by law
2. Sent to the administration who took the decision
3. 6 weeks from notification

Question 19

The Netherlands - What are the time limits?

Answer 19

1. 6 weeks from notification (for both decision and objection)
2. The administration has 6 weeks to decide on the objection (12 if advice by a committee)
3. The administration has 8 weeks to issue a decision

Question 20

The Netherlands - What are the requirements for standing?

Answer 20

1. Parties whose interests are directly involved in a decision:
   - Addressees
   - 3rd parties - Personal, direct, actual and objective
   - Associations? If general and collective interest + Objective and factual activities

Question 21

France - What are the conditions for standing? Recours de pleine jurisdiction

Answer 21

The applicant’s rights must be violated

1. Addressee
2. Very difficult for other parties