For an EU-trained physiotherapist applying to practise in France, no answer from the regional prefect within 4 months of a complete file means the authorisation to practise is refused: this is an implied refusal. From notification of a written refusal, or from the day an implied refusal arises, you have 2 months to act: ask the regional prefect to reconsider (a recours gracieux) and/or take the case to the administrative court. If the refusal is implied, you can also ask for its reasons within that period. This guide walks you through what to do in each situation (no answer, written refusal, compensation measure, failed aptitude test), in the right order and within the deadlines.
Does this guide apply to you?
It is written for physiotherapists trained in an EU country who have already submitted an application for authorisation to practise (autorisation d'exercice) to the prefect of the French region where they want to settle. You are probably in one of these situations:
- more than 4 months have passed since your complete file was received and no decision has arrived;
- you received a written refusal;
- the decision requires a compensation measure (aptitude test, adaptation period, or both) that you think is unjustified;
- you failed the aptitude test.
Haven't applied yet? Start with our guide for EU-qualified physiotherapists (documents, steps, timelines) and our step-by-step application guide.
One thing to get straight first: neither the DREETS nor the committee refuses you. The commission des masseurs-kinésithérapeutes, the regional physiotherapy committee, only gives an opinion. The decision belongs to the prefect of the region where you want to settle, the French State's representative in that region. Your challenge is therefore addressed to the prefect.
A refusal, a silence or an unexpected compensation measure, with only two months to react: you don't have to handle it alone. Suxens supports EU-trained physiotherapists through their authorisation, from building the file to responding to a decision. Join the waiting list →
Physiotherapy committee date: when will your file be reviewed?
"When is my committee date?" is one of the most common questions. The honest answer: committee dates are not published. The DREETS for Occitanie says so on its page for EU graduates: committee dates are not disclosed. The same page says the office gives itself 4 months from the date the file is complete to submit it to the regional committee. That is what the page says, not a legal rule, and it does not change the law: 4 months without an answer after your complete file still means your application is rejected.
In each region the committee includes, among others, the director general of the regional health agency (ARS) or their representative, a representative of the regional council of the Ordre des masseurs-kinésithérapeutes, a doctor and three physiotherapists (one employed in a health or medico-social facility, one senior physiotherapist working at a physiotherapy training institute, one self-employed). These last five members are appointed for a renewable five-year term by order of the regional prefect. No text sets the date or frequency of its meetings.
In practice: before the 4 months run out, ask the office handling your file how far the review has got. Its contact details are on your acknowledgement of receipt.
Your situation and your options
| Your situation | What you can do | Deadline |
|---|---|---|
| No answer 4 months after your file was complete | Your application is refused (implied refusal). Ask for the reasons, send a recours gracieux to the regional prefect and/or go to the administrative court | 2 months from the day the implied refusal arose |
| Written refusal | Read the reasons and the appeal routes stated in the decision. Recours gracieux to the regional prefect and/or administrative court | 2 months from notification of the refusal |
| Decision requiring a compensation measure | It must state its reasons. If you think it is unjustified, you can challenge it (recours gracieux, administrative court). If not, prepare for the test or the placement | 2 months to challenge; aptitude test within 6 months of notification |
| Failed aptitude test | The regional prefect refuses the authorisation. This is a written refusal you can challenge like any other. For a new application, ask the office that handled your file | 2 months from notification of the refusal |
| Recours gracieux left unanswered | Your request is rejected. The administrative court remains open to you | Rejected after 2 months of silence; the time limit for the court starts again from then |
How to challenge a refusal: 5 steps
Step 1 — Pin down your dates
Everything depends on two dates: the day your file became complete, and the day of the decision. Find your acknowledgement of receipt. French law requires it to state the date on which, without a decision, your application will be deemed rejected, the time limits and routes of appeal, and the office handling your file with its address and phone number. Keep proof of the date you applied (registered letter receipt, online confirmation): the court will ask for it if you challenge an implied refusal.
If you never received an acknowledgement, or it lacks those details, the time limits for challenging an implied refusal generally cannot be held against you. Don't rely on that to wait, though: act within the 2 months.
Step 2 — Ask for the reasons
A refusal of authorisation must give its reasons in writing, both legal and factual. With an implied refusal there is no letter, so no reasons. You can request them in writing from the regional prefect while the appeal period is still running: they must be sent to you within a month, and your deadline to go to court is then extended until 2 months after you receive them.
Step 3 — Ask the prefect to reconsider (recours gracieux)
A recours gracieux is simply a letter to the authority that took the decision, here the regional prefect, asking it to review that decision. Send it within the 2 months, ideally by registered letter with acknowledgement of receipt. Explain why you think the decision is wrong and attach anything that helps: the law requires your professional experience and validated continuing education to be taken into account before a compensation measure is imposed, so if those were missing or misread, say so and prove it.
This request interrupts the time limit for going to court. If the prefect doesn't reply within 2 months, your request is rejected and the 2-month court deadline starts running again.
If the 4 months have passed while your file may not yet have reached the committee: your application is deemed rejected and you have two months to act. To protect your rights, you can send a recours gracieux to the regional prefect within that period. Also ask the office handling your file how far its review has got. Don't simply wait for the decision.
Step 4 — Go to the administrative court (tribunal administratif)
If the refusal stands, or if you prefer to go straight to a judge, you can ask the administrative court to annul the decision. File with the administrative court named in the appeal information given on the decision or, for an implied refusal, on the acknowledgement of receipt of your application; if you pick the wrong court, it will pass the file on to the right one. The deadline is 2 months from notification of a written refusal, or from the day an implied refusal arose. If a written refusal reaches you within that period, the 2 months start again.
You don't need a lawyer to ask only for the decision to be annulled. You do if you also claim compensation for losses.
Living outside France? Still act within the 2 months: don't count on any extra time.
A negative decision is not necessarily the end of the road, but the deadlines are short. Suxens helps you read the decision, gather proof of your experience and keep track of every deadline. Join the waiting list →
Step 5 — What next?
The texts we have read say nothing about filing a fresh application or retaking the aptitude test: ask the office that handled your file whether a new application is possible. And don't treat the European Professional Card as a plan B: the texts we consulted do not say how it fits with the prefect's authorisation (see our article on the European Professional Card).
Compensation measures and the aptitude test: who chooses, what mark you need
A compensation measure is not a refusal. When the committee finds substantial differences between your training and French training, taking your experience into account, the regional prefect may, depending on the case, let you choose between an aptitude test and an adaptation period, impose one of them, or impose both. So the choice is not necessarily yours. The decision states its reasons and sets out the content and length of the measures; the aptitude test takes place within 6 months of notification.
To pass the test you need an average of at least 10 out of 20, with no mark below 8 out of 20. If you pass, the regional prefect authorises you to practise. If you fail, the prefect refuses the authorisation. After an adaptation period, the prefect decides after a fresh opinion from the committee.
What the law says. Acknowledgement within a month and 4 months of silence counting as rejection: article R4321-27 of the French Public Health Code. Committee membership: article R4321-28-1. Outcome of the test and the placement: order of 24 March 2010 (articles 3 and 5). A recours gracieux interrupts the time limit: article L411-2 of the Code on relations between the public and the administration. Two-month deadline, including against an implied refusal: article R421-2 of the Code of Administrative Justice. Reasons for an implied refusal: article L232-4. French administrative law also offers an urgent suspension procedure (référé-suspension): it requires an application to annul the decision, urgency and serious doubt about the decision's legality, filed as a separate application; the texts do not say what suspending a refusal of authorisation would actually achieve.
Examples of decided cases, not guarantees. A physiotherapist trained in Germany challenged the compensation imposed on her, first with a recours gracieux, then before the Grenoble administrative court: the Lyon administrative court of appeal examined the decision on its merits and dismissed her claim (18 June 2026, no. 25LY00832). Conversely, a refusal based only on the length of training, without looking at professional experience, was annulled for a paediatric nurse under the 2009 texts (Nantes administrative court of appeal, 19 July 2013, no. 12NT00024). The refusal given to a physiotherapist without a qualification issued by an EU or EEA State allowing him to practise there was upheld (Nantes, 7 April 2023, no. 22NT01557). Every case turns on its own facts.
Frequently asked questions
How can I find out my physiotherapy committee date?
Dates are not published, and the DREETS for Occitanie states that they are not disclosed. Before the 4 months run out, ask the office handling your file how far the review has got.
Does 4 months of silence really mean a refusal?
Yes, for physiotherapists: if the regional prefect does not answer within 4 months of receiving your complete file, your application is rejected. This is an implied refusal, and you can challenge it within 2 months.
How long do I have to challenge a refusal?
Two months, from notification of a written refusal or from the day an implied refusal arose. A recours gracieux sent within that period interrupts it.
Do I need a lawyer at the administrative court?
Not to ask only for the refusal to be annulled. A lawyer is required if you also claim compensation.
Can I choose between the aptitude test and the adaptation period?
Not necessarily. Depending on the case, the regional prefect may let you choose, impose one of them, or impose both. The decision states its reasons and sets out the content and length of the measures.
What mark do I need to pass the aptitude test?
An average of at least 10 out of 20, with no mark below 8 out of 20. If you pass, the regional prefect authorises you to practise; if you fail, the prefect refuses the authorisation.
Can I apply again or retake the aptitude test?
The texts we have read don't say. Ask the office that handled your file whether you can submit a new application.
Who actually refused my application?
The prefect of the region where you want to settle, after the opinion of the commission des masseurs-kinésithérapeutes. The committee only advises: your recours gracieux goes to the regional prefect.
Official sources
- French Public Health Code, article R4321-27 — physiotherapists' authorisation, 4 months of silence
- French Public Health Code, article L4321-4 — authorisation and compensation measures
- Order of 24 March 2010 — aptitude test and adaptation period
- Code on relations between the public and the administration, article L411-2 — administrative review
- Code of Administrative Justice, article R421-2 — deadline against an implied refusal
- Code on relations between the public and the administration, article L232-4 — reasons for an implied refusal
- DREETS Occitanie — EU graduates: application for authorisation to practise (in French)