Référésuspension

Référésuspension refers to a specific legal procedure in French law, primarily used in administrative courts. It is an accelerated summary proceeding that allows for the swift resolution of urgent matters that do not require a full examination of the merits of the case. The primary purpose of a référé is to address situations where immediate intervention is necessary to prevent serious harm or to maintain a pre-existing state of affairs pending a final decision.

There are several types of référés, but the most common ones in administrative law are the référé conservatoire, which aims to preserve a situation, and the référé suspension, which allows a party to request the suspension of an administrative decision. A référé suspension is typically sought when a new decision, such as an administrative act or a penalty, is immediately enforceable and could cause irreparable damage to the applicant if it were to be applied while the main case is still being heard.

To obtain a référé suspension, the applicant must demonstrate that there is a serious doubt as to the legality of the challenged decision and that the execution of this decision would result in a grave and manifest prejudice. The judge presiding over the référé procedure will not rule on the ultimate legality of the administrative act but will focus solely on the urgency and the existence of a manifest illegality or serious prejudice. This procedure is designed to be fast, with decisions often rendered within days or weeks.