When an appeal for misuse of power or an appeal for assessment of legality directed against the acts mentioned in 1° to 3° of article LO 6451-2 and that this appeal is based on a serious plea alleging the incorrect application of the division of powers between the State, the local authority and the communes, or that this plea is raised ex officio, it immediately forwards the case to the Conseil d’Etat for an opinion, in a ruling that is not subject to appeal. The Conseil d’Etat examines the question raised within a period of three months and any decision on the merits is deferred until its opinion or, failing that, until the expiry of this period. The administrative court shall rule within two months of the publication of the opinion in the Journal officiel de la République française or of the expiry of the time limit given to the Conseil d’Etat.
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