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Articles

40 informative articles across 8 legal practice areas. Use the filter to find your topic.

Cancellation of Administrative Acts

Unlawful administrative acts may be challenged by way of a cancellation action before the administrative court. Strict time limits apply.

The action must be brought within sixty days of notification of the act
Silence on an application for sixty days is deemed a refusal and triggers the action period
A cancellation action does not automatically suspend the act; a suspension order must be separately requested
The court reviews the act on grounds of authority, form, reason, subject matter, and purpose
Both individual acts and regulatory instruments can be challenged

Documenting the date of notification is critical — a missed deadline will cause the case to be dismissed on procedural grounds.

Expropriation and Value Assessment

A state expropriation decision gives the property owner the right to challenge it and seek a higher compensation. Failing to exercise these rights can result in significant financial loss.

An application for judicial determination of the expropriation price may be made to the civil court of peace
The expert takes into account comparable sales, planning status, and value uplift
The expropriation decision itself may be challenged before the administrative court
An objection to the price must be filed within thirty days of notification
Emergency expropriation follows a different procedure — possession is taken first

Commissioning an independent valuation at an early stage is recommended to ensure the expropriation price is set at a fair level.

Licence and Permit Disputes

The cancellation or refusal of a building permit, business licence, or other administrative authorisation can cause serious harm. These decisions may be contested before the administrative courts.

A refusal decision may be challenged within sixty days
Insufficient grounds or an unlawful condition may support a successful challenge
Cancellation of an unlawfully granted licence entitles the aggrieved party to damages
A planning change that causes loss may give rise to a compensation claim
A suspension-of-execution order is important to keep the business running during proceedings

Keeping a written record of all correspondence with the authority is the strongest evidence in any permit dispute.

Challenging Disciplinary Sanctions

Disciplinary sanctions imposed on civil servants and professionals may be challenged through administrative courts. Procedural errors can result in the sanction being set aside.

An administrative objection must be lodged first, then an action before the administrative court
Failure to allow the person to exercise their right of defence is in itself sufficient grounds for cancellation
Disproportionality between the sanction and the act falls within the scope of judicial review
Limitation periods and date inconsistencies may also be relied upon
A rejection by the superior authority restarts the period for bringing a court action

Obtaining legal assistance at the start of the disciplinary investigation provides a significant advantage in the defence phase.

Administrative Fines

Administrative fines imposed by tax authorities, municipalities, and regulatory bodies can be reduced or eliminated through objection and cancellation proceedings.

The objection period is generally fifteen to thirty days from notification
Defective service of the notice is the first issue examined in any challenge
The tax settlement procedure can provide significant relief to the taxpayer
Paying a fine promptly may qualify for a discount in some cases
If the objection is rejected, an action may be brought before the administrative court

When you receive an administrative fine, arrange a legal assessment without delay — keeping your options open is always the right first step.

These articles are for general informational purposes only and do not constitute legal advice. Specific disputes should always be evaluated on the facts of the individual file.