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Thegonnec, Judge
Category: French Law
Satisfied Customers: 90
Experience:  15 years experience as judge at Paris Industrial Tribunal
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I am a Doctor and I have a case in the Administartiv Court

Customer Question

I am a Doctor and I have a case in the Administartiv Court in Paris since 2010.
There have been two court decisions in my favour requesting a Ministry in Paris to deliver me a Certificate under the DC 2005/36 EU, which the Ministry still refuses to provide.
The last decision was in January 2014 - the Ministry did not care.
The last warning to the Ministry was in September 2014.
February 2015 – close up in court- the dead line for the Ministry to give a whatsoever explanation.
According to my lawyer, the next step is either an injunction from the Court or Luxemburg but it is up to the Court to decide it.
However, still no action from the Court as according to my lawyer:
‘… [seemingly] the Court of appeal didn't care after having ruled our case ; as judges may often do so, ie. stop themselves, after issuing a decision which is rather in use in each country’.
‘…not easy to get a sentence against the Government…’
‘…So the President of the Court has to be motivated, feeling its necessity…’.[for an injunction]
‘your case is not urgent’
In June 2015 I asked my lawyer for a copy of my file/case and he emailed:
‘Concerning your request, please take notice that, at this stage of the procedure which is closed, we shall be able to send you a copy only with the decsision the Court is about to issue.
This is not only on purpose to save our time during this very heavy loaded period of the year…
Yet the special enforcement request was done via “e-procedure” which has a codified encrypted format designed only for barristers & magistrates with no impression on paper before the pending order’
In my opinion, the Paris Administrative Court doesn’t want to make justice to a foreigner.
1.What shall I do?
2.Can I change my case to another Court in France or abroad in order to either make an injunction or to go to Luxembourg?
Thank you ever so much.
Submitted: 2 years ago.
Category: French Law
Expert:  Thegonnec replied 2 years ago.
There is only two things you can do, before you are allowed to take your case to Luxembourg. If your case is filed withe the Tribunal administratif de Paris, you will need to instruct your lawyer to take the matter to the Administrative Appeals court in Paris if the decision you obtain is not in your favor. Then if the Appeal's court rules against you again, you can take the matter to the Conseil d'Etat (the highest level in administrative justice). Only if the Conseil d'Etat rules against you, can you take the matter to Luxembourg.
Expert:  Thegonnec replied 2 years ago.
Regarding your lawyer's answer, if you are unhappy with it you may take the matter to the disciplinary section of the Paris bar.