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The French Administrative Court of Appeal of Nantes confirms previous case law that prohibits civil jurisdictions to challenge the legality of an administrative act but marks first step in the right EU-compatible direction (SFEI / UFX)

The Septfonds judgment of the French Tribunal des Conflits (T. confl., 16 juin 1923, n° 00732) is one of the founding cases on how the competences are shared among the civil and administrative jurisdictional orders in France. The principle, founded on article 13 of a law dated from 16-24 August 1790 and the decree of 16 Fructidor An III, says that civil courts cannot challenge the legality of an administrative act. They can only apply it as law or, suspend the proceedings and refer the question to the competent administrative judge. But can such an old case law still be valid with the development

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  • European Court of Justice (Luxembourg)

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Georges Vallindas, The French Administrative Court of Appeal of Nantes confirms previous case law that prohibits civil jurisdictions to challenge the legality of an administrative act but marks first step in the right EU-compatible direction (SFEI / UFX), 19 January 1998, e-Competitions January 1998, Art. N° 109086

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