Source date: 2026-04-23
Simplification of litigation procedures in environmental matters Published on April 24, 2026 - Entreprendre Service Public / Directorate for Legal and Administrative Information (Prime Minister's Office)
Decree No. 2026-302 of April 21, 2026 amends and accelerates litigation procedures in environmental matters. Here are the details.
Decree No. 2026-302 of April 21, 2026 formalizes the intention to simplify environmental litigation and accelerate strategic projects with an impact on the environment.
The new provisions apply within a precise scope and will apply to acts issued as of July 1, 2026.
Acts subject to the new litigation regime
This simplification applies to legal challenges against acts relating to projects concerning:
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the development of decarbonized energy sources (electricity production using wind mechanical energy, electricity production from solar photovoltaic energy, hydroelectric installations, geothermal deposits...);
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transport infrastructure;
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food sovereignty;
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economic and industrial sovereignty;
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operations of national interest and major urban planning projects.
The acts in question are administrative authority acts (including refusals), extensions, or transfers, which condition "the construction, implementation, commissioning, operation, modification, or extension of projects, including their related structures and works".
The decisions referred to in articles R.311-1 and R.311-1-1 of the Code of Administrative Justice are not covered by the provisions of this decree.
What changes
For all affected disputes, the administrative courts of appeal have jurisdiction as both the first and final instance. However, it remains possible to lodge an appeal on points of law before the Council of State.
The administrative courts of appeal have a period of 10 months to rule from the registration of the application.
The decree also specifies that:
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the act must mention that appeals filed are subject to this new litigation regime (the absence of this mention has no effect on the legality of the act);
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an administrative appeal does not extend the time limit for lodging a legal challenge against the contested act;
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if an administrative court suspends its decision to allow for the regularization of a contested act, it retains jurisdiction as the first instance to resolve the dispute.
Finally, the appellant must notify the author and the beneficiary of the decision of the appeal. This notification must be made by registered letter with acknowledgment of receipt, within a clear period of 15 days: titleContent from the filing of the legal challenge or the date of sending the administrative appeal.
Legal texts and references
A day runs from 0:00 to 24:00. A deadline calculated in this way does not take into account the day of the decision giving rise to the deadline, nor the day of expiry. If the deadline ends on a Saturday or Sunday, it is postponed to Monday. If the deadline ends on a public holiday, it is postponed by one day. Thus, for example, if a deadline ends on a Saturday and the following Monday is a public holiday, it is postponed to Tuesday.
Source: Service-Public professionals
