Decree No. 2026-302 of April 21, 2026 establishes the desire to simplify environmental litigation and accelerate strategic projects with an impact on the environment.

The new rules respect a precise field of application and will apply to acts taken from 1^er July 2026.

The acts concerned by the new litigation regime

This simplification shall apply to actions brought against acts relating to projects relating to:

• the development of decarbonized energies (electricity production using mechanical wind energy, electricity production from solar photovoltaic energy, hydroelectric installations, geothermal deposits, etc.);
• transport infrastructure;
• food sovereignty;
• economic and industrial sovereignty;
• operations of national interest and large city planning operations.

The acts in question are acts of the administrative authority (including refusal), extension or transfer, which condition ‘the construction, construction, commissioning, operation, modification or extension of projects, including their related works and works’.

The decisions referred to in the Articles R.311-1 and R.311-1-1 of the Code of Administrative Justice are not affected by the provisions of this decree.

What changes

For all the disputes concerned, the administrative courts of appeal have jurisdiction, first and last resort. Nevertheless, it is still possible to appeal to the Council of State.

Administrative courts of appeal shall have 10 months to decide as from the registration of the request.

The decree also states that:

• the act must state that the actions brought are subject to this new system of litigation (the absence of such a reference does not affect the legality of the act);
• the administrative appeal does not extend the time limit for bringing proceedings against the contested act;
• if an administrative court puts its decision on hold in order to allow the regularization of a contested act, it remains competent in the first instance to decide the dispute.

Finally, the appellant must notify the author and the beneficiary of the decision. This notification must be made by registered letter with acknowledgement of receipt, within 15 clear days from the filing of the contentious appeal or the date of dispatch of the administrative appeal.