Contact and complaints
Our team is available Monday to Friday, morning 9-12 and afternoon 2-5 pm :
By phone: (+33) 4.86.94.67.50
By email: rif@mer.gouv.fr
Administrative appeal
What is an administrative appeal?
An administrative appeal is a complaint addressed to the administration asking it to change a decision it has taken.
The administration’s decision may be explicit or implicit.
The decision is explicit when it results from a legal act taken by the administration (written decision posted or notified).
The decision is implicit when it results from the administration’s failure to respond to your request.
The different types of administrative appeal and their procedure
Preliminary appeal
An informal appeal is a complaint sent to the person responsible for the disputed decision (mayor, prefect, education inspector, etc.).
To make an informal appeal, you must check that you are within the time limit for doing so (2 months from notification of the disputed decision in mainland France, 3 months in overseas territories and 4 months for French nationals abroad).
You must send your appeal to the person responsible for the decision you are contesting.
Your letter must include the following information:
- Your full name and address
- The subject of your appeal
- an explanation of the grounds for your appeal
- The explicit request for reconsideration.
You should send your appeal by post, preferably by recorded delivery with acknowledgement of receipt, to keep proof of posting. You should also enclose a copy of the contested decision with your letter.
The RIF’s address is 5 place Sadi Carnot, 13002 Marseille.
The administration has 2 months to reply. If you do not receive a response within this period, your appeal is deemed to have been rejected. In this case, you can lodge a legal appeal with the administrative court.
Hierarchical appeal
A hierarchical appeal is a complaint sent to the hierarchical superior of the person responsible for the decision.
It is possible to lodge a hierarchical appeal without having first lodged an informal appeal or without waiting to receive the response to the informal appeal.
To lodge an appeal, you must check that you are within the time limit for doing so (2 months from notification of the disputed decision in mainland France, 3 months in overseas territories and 4 months for French nationals living abroad).
You must send your appeal to the line manager of the person responsible for the decision you are challenging.
Your letter must include the following information:
- Your full name and address
- the subject of your appeal
- an explanation of the grounds for your appeal
- An explicit request for the decision to be reconsidered by the hierarchical superior of the person who made the decision
You should send your appeal by post, preferably by recorded delivery with acknowledgement of receipt, to keep proof of posting. You should also enclose a copy of the contested decision with your letter.
The RIF’s address is 5 place Sadi Carnot, 13002 Marseille.
The administration has 2 months to reply. If you do not receive a response within this period, your appeal is deemed to have been rejected. In this case, you can lodge a legal appeal with the administrative court.
Mandatory prior administrative appeal (Rapo)
The compulsory prior administrative appeal (Rapo) is a complaint that must be made before going to court.
The Rapo applies in particular in the following areas:
- Access to administrative documents
- Access to regulated professions
The Rapo may be submitted in writing, by teleservice or directly to the court registry. This is specified in the contested decision.
When the appeal is made in writing, it must be drawn up on plain paper and preferably sent by recorded delivery with acknowledgement of receipt, in order to retain proof of posting.
The authority competent to receive the Rapo is also indicated on the contested decision.
The appeal is free of charge. However, if your appeal concerns certain disputes (sum of money, contract) or referral to certain courts (for example, the Conseil d’État), representation by a lawyer is compulsory. To finance your lawyer’s fees, you can apply for legal aid.
You must give reasons for your appeal (i.e. explain the reasons in law and the facts that lead you to challenge the decision).
A copy of the contested decision should be attached to your letter, together with any documents you consider useful in having the decision reviewed.
Keep a copy of the letter, the documents sent and proof that they were sent and received by the authorities. These documents will be useful in the event of subsequent legal action.
The deadline for lodging a Rapo is indicated in the decision you are contesting.
The effects of an administrative appeal
Preliminary or hierarchical appeal
Submission of the complaint interrupts the 2-month period within which you may appeal to the administrative court, provided that the complaint is submitted before the expiry of this period.
If the complaint is rejected, a new 2-month period starts to run again from the date of notification of this decision.
Example:
- The administration notifies you of an unfavourable decision on 5 January 2025.
- You lodge an administrative appeal on 26 January 2025.
- Your administrative appeal is rejected on 25 March 2025.
- You can appeal to the administrative court until midnight on 24 May 2025.
Mandatory prior administrative appeal (Rapo)
Sending the Rapo has the effect of extending the deadline for bringing a decision before the court. The time limit does not start running again until the appeal has been rejected.
If the Rapo is rejected, you must lodge a contentious appeal against the decision to reject the Rapo and not against the initial decision.
The administration must give reasons for its decision to reject the Rapo, i.e. it must state the reasons for its decision.
The applicable rules (deadlines, collegiate appeal body, adversarial procedure) vary from one Rapo to another.
Read the administrative decision you are contesting carefully: it will indicate the channels and deadlines for lodging an appeal.