Extract
[...] Council of State, Joint Chambers July 2023, n°465478 - Is a contentious appeal against an administrative decision that exceeds the deadline set by Article R 421-1 of the CJA admissible? In this decision of 5 July 2023, the Council of State made a classic application of its consistent case law on the time limits for taking action against a decision that does not indicate the means and time limits for appeal, and on the need to link compensation disputes. Mr. [...]
[...] He must also determine whether the claims for compensation of Mr. B. are receivable even in the absence of a prior request to the administration. Without surprise, the Conseil d'État rejects the appeal. It considers that even in the absence of mention of the deadlines for appeal, the principle of legal security prevents contesting a decision beyond a reasonable period, generally set at one year from the date of knowledge of the decision. In addition, when an incompetent judicial authority is seized, the applicant has a new period of two months to seize the competent authority after notification of the decision of incompétence. [...]
[...] The Council of State recalls, however, a rule stemming from its decision Czabaj of 2016. It considers that, in view of the principle of legal security, in the absence of mention of the avenues and deadlines for appeal, the decision can only be contested after a reasonable period, generally one year. This period runs from the date of knowledge of the decision. B - The precision of the articulation of the 'Czabaj deadline' with the incompetence of a jurisdiction In this case, the situation is a bit more complex than the situation Czabaj. [...]
[...] This idea is from the opinion of the Council of 27 March 2019, req. 426472. B - The classic inadmissibility of the indemnity conclusions in the absence of a prior demand In this case, Mr. B did not link the contentious. He did not, in fact, specifically ask the administration for compensation of ?130,000. Therefore, it is reasonable that the CAA rejected his request. Indeed, in his appeal request, Pôle emploi considered that the conclusions of the applicant were not based, and not that they were inadmissible. [...]
[...] The Council of State then considers the request to be inadmissible, as it is out of time, completing its jurisprudence Czabaj. II. A reminder of the need to link the contentious indemnitary The CE recalls the necessary link of the contentious indemnitary Its absence in this case logically leads to reject the demand A - The principle of the necessity of a link of the contentious indemnitary The general principle, in administrative law, is that of the 'link of the contentious'. [...]
