The prior complaint: the mandatory step before suing a public authority

A harmful administrative act — a refused permit, a tax assessment, a mayor's order — cannot be challenged directly in court. The law requires a prior step: a request addressed to the issuing authority itself, asking it to revoke the act in whole or in part.

Skipping this step leads to the claim being dismissed as inadmissible, without the court examining the merits.

The deadlines

• 30 days from service of the act, to file the prior complaint.
• The authority has 30 days to reply.
• 6 months from receiving the reply — or from the expiry of the reply period — to file the court claim.

On well-justified grounds the claim may be filed after the 6-month term, but no later than one year from the date the act was issued.

When no prior complaint is required

• Claims brought by the prefect, the Ombudsman, the Public Ministry or the National Agency of Civil Servants.
• Claims concerning normative administrative acts, which may be challenged at any time.
• The plea of illegality, raised in separate proceedings.
• Urgent interim relief and stay applications.

How to draft it

A prior complaint is not a letter of dissatisfaction. It must contain:

1. Precise identification of the act: number, date, issuer.
2. The concrete harm caused to a right or legitimate interest of yours.
3. The grounds of illegality, raised point by point, with legal basis.
4. An express request for revocation — not merely for "reconsideration".

Grounds you leave out here can, in certain situations, be difficult to sustain in court later. A carelessly drafted prior complaint compromises the case before it begins.

Staying enforcement

A prior complaint does not suspend enforcement of the act. If the act has immediate effects — demolition, withdrawal of a permit, enforcement of a claim — a separate stay application is required, showing a well-justified case and imminent damage.

Proof of filing

File the complaint with a registration number or send it by post with delivery confirmation. Without proof of the filing date, the 6-month deadline for the court claim becomes impossible to calculate, and the risk of dismissal on a procedural plea is real.