Remedies

Question 1

Germany - Action for annulment

Answer 1

1. Against a Verwaltungsakt

2. It will be annulled

Question 2

Germany - Action seeking the issuance of an administrative act

Answer 2

1. Against an omission or a refusal
2. To issue a Verwaltungsakt
3. If no discretion, the administration will issue
4. If discretion, the court can only ask the administration to look again

Question 3

Germany - Byelaws and executive regulations

Answer 3

1. If provided by statute or if in the field of building law

2. Will be made invalid erga omnes

Question 4

Germany - General action for performance

Answer 4

1. To compel the administration to act or not act with something else than a Verwaltungsakt

Question 5

Germany - Action for declaration

Answer 5

1. Determine the existence of a legal relationship

2. Declare the nullity of an administrative act

Question 6

Germany - Action for damages

Answer 6

Only in case there is an administrative law contract

Question 7

France - Recours pour excès de pouvoir

Answer 7

1. On the legality of a décision or if there is silence for more than 2 months
2. Décision will be annulled or admin. will have to act
3. Only the legality of the decision is checked

Question 8

France - Recours de pleine jurisdiction

Answer 8

1. If individual rights are at stake
2. Decision will be annulled/modified
3. Compensation will be awarded

Question 9

England and Wales - Quashing order and prohibitory order

Answer 9

1. Decision will be quashed

2. To order the body to stop the action

Question 10

England and Wales - Mandatory order

Answer 10

To compel the administration to carry out a public duty

Question 11

England and Wales - Injunction

Answer 11

To compel the administration to carry out an action or to refrain from it - When there is no public law duty or when there is interim relief

Question 12

England and Wales - Declaration

Answer 12

To declare the legal positions of the parties, when no other remedy is available

Question 13

England and Wales - Action for damages

Answer 13

Can not be asked alone

Question 14

The Netherlands - Appeal

Answer 14

1. Besluit (or rejection of it or silence)

2. Decision will be annulled

Question 15

France - Interim relief

Answer 15

Recours de pleine jurisdiction does not have suspensory effect:

1. Référé suspension - (i) urgency, (ii) irreversible consequences and (iii) illegality
2. Référé liberté - In case of breach of civil liberty
3. Référé conservatoire - Interim appropriate measures to protect the applicant - (i) urgent and (ii) serious

Question 16

The Netherlands - Action for damages

Answer 16

1. Only for small claims

2. The administration will be forced to pay compensation

Question 17

England and Wales - General

Answer 17

Always check:

1. Is there an appeal procedure? Must be done before going to court
2. Is there discretion? The judge can refuse the remedy if public interest

Question 18

Germany - Interim relief

Answer 18

1. Action for annulment has automatic suspensory effect

2. Provisional order can be requested

Question 19

Netherlands - Interim relief

Answer 19

1. Objection does not have suspensive effect
2. Interim relief can be requested if speed is of essence
3. Administrative loop - To enable the authority to give interim relief before the appeal procedure is over

Question 20

England - Interim relief

Answer 20

1. Objection has no suspensory effect

2. If ‘just and convenient’, and injunction (to act or to refrain) will be ordered