Frequently asked questions
ICPE and administrative liability

Is it possible to contest administrative sanctions imposed by the prefect?

YES, decisions taken by the prefect can be referred to the administrative court:

• by the operator, within two months of being notified of the decision;

• by third parties, natural or legal persons, interested municipalities or their groupings, due to the inconvenience or danger that the operation of the facility presents for the interests protected by the ICPE regulations, within one year of the publication or posting of these decisions.

Is a formal notice or administrative sanctions order that has not been preceded by the ordinary adversarial procedure illegal?

No, it was ruled in 2009 that the only formalities that can be invoked against the prefectoral...