Conseil d'Etat — General Part — Jurisdiction of Administrative Courts

Date Citation Note
23.05.2003 D. 2004, no. 5, 295 Case Civil solidarity pact The decision of the officer of the tribunal d’instance to decline registration of the declaration of a pact is not an administrative act and consequently falls outside the jurisdictionof administrative courts
19.11.1999 J.C.P. 2000, IV, 1439 Case M. Tegos Disputes relating to contracts entirely governed by a foreign law fall outside the jurisdiction of administrative courts.
29.09.1995 A.J.D.A. 1995, 684 Case Association «Greenpeace France» The decision of the French President to resume a series of nuclear tests is an “act of Government” which falls outside the jurisdiction of Administrative Courts.
31.05.1957 D. 1958, 152
Case Rosan-Girard
Elections can only be annulled by the courts and not by an administrative authority;
31.07.1942 D. 1924, 138 Case Monpeurt Although the organising committees set up during the war to regulate the economy do not have the status of public establishments, they nevertheless participate in the implementation of the public service so that the decisions they take have the quality of administrative acts and fall within the jurisdiction of administrative courts.
22.01.1921 D. 1921, III, 1
Case Société commerciale de l’Ouest africain, known as the Bac d’Eloka case
Where the implementation of public service involves industrial or commercial activities, issues of liability arising out of the implementation of such a service fall outside the jurisdiction of administrative courts.
06.02.1903 D. 1921, III, 1 Case Terrier Disputes arising between local authorities and individuals on contractual matters are within the jurisdiction of administrative courts.
19.02.1875 D. 1875, III, 18 Case Prince Napoléon By examining the legality of the Emperor’s decision to deprive his cousin, Prince Napoléon-Joseph Bonaparte, of his military title, the Conseil d’Etat implicitly holds that the political purpose of a decision is not enough to justify the exclusion of judicial control.
30.07.1873 D. 1874, III, 5
Case Pelletier
Whereas damages caused by the personal fault of employees in the public service are to be determined by ordinary courts, damages caused by a fault of the service must be considered by administrative courts.
08.02.1873 D. 1873, III, 20 Case Blanco State liability for damages caused to individuals by persons
employed in the public service is subjected to specific rules and the jurisdiction to determine such issues isvested exclusively in administrative courts.