Practical sheet | REF: FIC0132 V1

Understanding the concept of formal notice

Author: Solange VIGER

Publication date: March 10, 2015, Review date: November 27, 2016 | Lire en français

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4. Our advice

4.1 If you contest the formal notice, ask the judge for authorization not to execute the formal notice pending judgment.

Even if you contest the formal notice order, the rule in administrative procedure is that contesting it has no suspensive effect.

Failure to do so exposes you to administrative penalties imposed by the prefect, or to criminal penalties imposed by the courts, for failure to comply with the formal notice.

The only solution is to apply to the administrative judge for a suspension injunction, the purpose of which is to ask him not to execute the formal notice pending his decision on the legality of the formal notice.

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