Understand the process and requirements for claiming damages due to an illegal refusal of a residence title, including the 2-month deadline and necessary documentation.
Extract
[...] CAA Bordeaux July 2010, n° 10BX00338, Lassaad damage not caused by an impossibility of working. The action in liability falls within the jurisdiction of the court located in the area of jurisdiction of the prefect's seat (CE July 2000, n° 196920,). The Council of State has established the principle that any administrative decision may be the subject, within the time limit for the introduction of a contentious appeal, of a gracious or hierarchical appeal that interrupts the course of said time limit. [...]
[...] Firstly, it is always possible for a claimant once they have lodged a complaint with the judge of abuse of power and the latter has upheld their conclusions of annulment to submit a new application containing this time conclusions of full contentious proceedings aimed at engaging the liability of the public person who took the illegal act. The same applies to the referral of the judge of full contentious proceedings of the referred matters, since Article R. 522-1 of the Code imposes a penalty of inadmissibility on such a procedure. In a decision by Marcou the Conseil d'État (CE Nov n° 113217, min. Défense Delfau, p. 649) = conclusions REP + recours de plein contentieux. Article L. 911-1 of the Code of Administrative Justice + sect Dec n° 337255, Marcou). [...]
[...] Deadline = 2 months from the decision of illegality = R 421-1 and following CJA If silence = implicitly rejected. - Referred provisionally Possible to obtain a provision on damages and interest by attempting a provision-referral CJA, art. R. 541-1 to R. 541-6 : 2-month deadline after decision - Recours de plein contentieux Obligatoirement être engagé par un avocat, contrary to the appeal against an administrative decision, which can be introduced directly by the concerned person. An illegal decision of the administration « constitutes a fault likely to engage the liability of the State, provided that it has caused direct and certain harm (CE February 2011, n°332627). [...]
