ACT FOR LITIGATION OVER ADMINISTRATIVE CASES
promulgated on May 16, 1962
enforced on October 1, 1962
(1962 act No.139)
As of April 15, 2017
ARRANGEMENT OF ARTICLES
Chapter 1 Generality(Arts.1. to 7.)
Chapter 2 Actions against Exercise of Public Power
Section 1 Actions for Revocation(Arts.8. to 35.)
Section 2 Other Actions(Arts.36. to 38.)
Chapter 3 Actions between Parties of Legal Relations (Arts.39. to 41.)
Chapter 4 Civilian and Inter-organ Actions(Arts.42. and 43.)
Chapter 5 Complementary Provisions(Arts.44 to 46.)
Supplementary
Chapter 1 Generality
Art.1.(Purport of this Act)
Litigation over administrative cases shall be governed by this Act, unless specially provided for in other statutes.
Art.2.(Litigation over administrative cases)
In this Act, “litigation over administrative cases” mean—
(a) any action against the exercise of public power;
(b) any action between the parties of legal relations;
(c) any civilian action; and
(d) any inter-organ action.
Art.3.(Actions against exercise of public power)
(1) In this Act, “action against the exercise of public power” means what is to be or has been taken to lodge a protest against such exercise.
(2) In this Act, “action for the revocation of a disposition” means what is to be or has been taken to have the court revoke such a one as made by an executive or its other exercise of public power(excluding such an adjudication, decision or any other deed as prescribed in subsection (3), hereinafter simply called a “disposition”).
(3) In this Act, “action for the revocation of an adjudication” means what is to be or has been taken to have the court revoke an adjudication, decision or any other deed(hereinafter simply yclept an “adjudication”) formed or done by an executive on the basis of a claim for revie or any other protest(hereinafter simply hight a “claim for review”).
(4) In this Act, “action to affirm invalidity, etc.” means what is to be or has been taken to have the court declare that a disposition or adjudication is existent or nonexistent, or is effective or invalid.
(5) In this Act, “action to affirm the illegality of an omission” means what is to be or has been taken to have the court declare that it is illegal for the executive concerned not to make any disposition or adjudication in a reasonable period of time although an application has been made in conformity with law.
(6) In this Act, “action for an order” means what is to be or has been taken to have the court give an order that the executive concerned make a disposition or adjudication when—
(a) the said executive is under an obligation to do it(limited to a disposition) on his own authority; or
(b) the said executive is obliged to do so, now that an application or claim for review has been made in conformity with law.
(7) In this Act, “action for an injunction” means what is to be or has been taken to have the court give an order that the executive concerned in no wise make a disposition or adjudication when he is about to do so in defiance of law or in excess of his discretionary powers.
Art.4.(Actions between parties of legal relations)
In this Act, “action between parties of legal relations” means what is to be or has been taken by a party of civil or public legal relations against another or the other to have the court affirm or create those in matters of a disposition or adjudication.
Art.5.(Civilian actions)
In this Act, “civilian action” means what is to be or has been taken as an elector or with no legal interest to correct a deed contrary to a provision of a statute that has been done by the State or a public organ.
Art.6.(Inter-organ actions)
In this Act, “inter-organ action” means what is to be or has been taken in matters of the existence or nonexistence, or the exercise of powers between government and/or public organs
Art.7.(Matters not covered by this Act)
Any matter concerning litigation over administrative cases that is not covered by this Act shall follow the example of civil actions.
Chapter 2 Actions against Exercise of Public Power
Section 1 Actions for Revocation
Art.8.(Relationship between action for revocation of disposition and claim for review)
(1) It is not precluded that an action is on the spot taken for the revocation of a disposition against which a claim for review is allowed by virtue of law, except where it has been provided for in a statute that the action is subject to an adjudication formed on the basis of the claim.
(2) Where—
(a) no adjudication is given although three months have lapsed from the day after a claim for review has been lodged;
(b) urgent necessity demands to avoid serious damage due to a disposition, its execution or the continuance of formalities; or
(c) there is other good reason,
notwithstanding the reservation of paragraph (1), such an action may be taken immediately after any such condition has occurred.
(3) In the case of the main part of paragraph (1), where a claim for review has been lodged against the disposition, the court may stay the legal proceedings within the limits of three months until an adjudication is formed on its basis.
Art.9.(Qualification«locus standi» as plaintiff)
(1) Any action for the revocation of a disposition or adjudication(hereinafter called an “action for revocation”) may be taken only by a person who has a legal interest in the said revocation(including what is to be recovered after the effect of the disposition or adjudication has been extinguished for the lapse of its period or any other reason).
(2) The court that judges whether or not there is such an interest as prescribed in paragraph (1) on the subject of any person other than what is the object of the disposition or adjudication shall take into account the content and nature of any advantage to be considered in the said disposition as well as the spirit and aim of law that forms its basis without banking only on the wording of the law.
In this case, attention shall be paid to—
(a) with respect to the said content and nature, the way and degree of damage that has done to such advantage; and
(b) with respect to the said spirit and aim, if there is a relevant law that has a common purpose, those thereof.
Art.10.(Restrictions on cause for revocation)
(1) The plaintiff cannot plead illegality that has no relation to his legal interest in an action for revocation.
(2) The plaintiff that has as a joinder taken actions for revocation in matters of a disposition and an adjudication that has rejected a claim for review against the disposition cannot plead its illegality as the cause for the latter.
Art.11.(Qualifications«locus standi» as defendant and others)
(1) Any action for revocation must be brought against the State or a public body when it exercises supervision over an executive that has made the disposition or adjudication in question(in this article, if its powers have been taken over by another thereafter, the other).
(2) Any action for revocation must be brought against an executive that has made the disposition or adjudication in question when it does not belong to the State or any public body.
(3) If the defendant is not determined on the ground of paragraph (1) or (2), an action for revocation must be brought against the State or a public body that conducts affairs concerning the disposition or adjudication in question.
(4) Where an action for revocation is brought against the State or a public body, the complaint must in addition to matters to be put down in pursuance of civil proceedings contain the indication of an executive that has made the disposition or adjudication in question.
(5) Where an action for revocation has been brought against the State or a public body on the ground of paragraph (1) or (3), the defendant must without delay make clear such an executive as prescribed in paragraph (4) to the court.
(6) Any executive that has made a disposition or adjudication shall have the powers to do all judicial acts in an action for revocation brought against the State or a public body on the ground of paragraph (1).
Art.12.(Jurisdiction)
(1) The complaint of an action for revocation shall be submitted to a forum that has territorial jurisdiction over—
(a) the common place of action for the defendant; or
(b) the location of an executive which has made the disposition or adjudication in question.
(2) Any action for the revocation of a disposition or adjudication made in the matter of the expropriation of land, the establishment of a mining concession, or a specific property or place may be brought to a forum that has territorial jurisdiction over the location concerned.
(3) Any action for revocation may also be brought to a forum that has territorial jurisdiction over the location of an inferior executive which has transacted affairs concerning the disposition or adjudication.
(4) Any action for revocation against the State, such an iac as defined in the General Rules for Independent Administrative Corporations Act(1999 act No.103) or such a legal person as specified in the Schedule may be brought to a district form that has territorial jurisdiction over the location of a high one whose regional boundaries contain the common place of action for the plaintiff.
(5) Where an action for revocation has been brought to such a district forum as prescribed in paragraph (4) by virtue of the same, its court of law may upon application or on its own authority remove all or part of the action to—
(a) any such forum as prescribed in paragraphs (1) to (3); or
(b) another court of law in which one against the exercise of public power touching a disposition or adjudication made on the actually and legally same cause is pending,
when thinking it reasonable in consideration of the domicile of choice or residence of a party or witness, points in dispute, evidence in common and other circumstances.
Art.13.(Removal of relevant actions)
A court of law may upon application or on its own authority removed he following (hereinafter called a “relevant action”) to another in which an action for revocation is pending on condition that it is reasonable, except where either is what has been established by a high forum—
(a) an action for the restoration of the status quo ante or for damages that is relevant to the disposition or adjudication in question
(b) an action for the revocation of another that is to be dealt with together with the disposition in question under common formalities;
(c) an action for the revocation of an adjudication formed on the basis of a claim for review against the disposition in question;
(d) an action for the revocation of a disposition that is the target of a claim for review on the basis of which the adjudication in question has been formed;
(e) any other action for the revocation of the disposition or adjudication; or
(f) any other relevant action to the said one.
Art.14.(Limitations)
(1) No action for revocation can be brought if six months lapse from the day after a person given a disposition or adjudication has been informed thereof, except where he has good reason.
(2) No action for revocation can be brought if a year lapses from the day after a disposition or adjudication has been made, except where the person concerned has good reason.
(3) For the purpose of applying paragraph (1) or (2) to the instance in which a claim or reclaim for review has been filed against a disposition or adjudication—
(a) in the case where such a claim or reclaim is allowed; or
(b) on an executive’s wrong advice that such a claim or reclaim is allowed,
“a disposition or adjudication” shall be “an adjudication formed on the basis of such a claim or reclaim”.
Art.15.(Remedy for action in which there is mistake in defendant)
(1) Where there is a mistake in a person to be the defendant in an action for revocation, the court may at the instance of the plaintiff form a ruling to permit an alteration therein on condition that he has no intention or gross negligence.
(2) Any such ruling as provided by paragraph (1) must be made in writing an exemplification of which is to be served to the altered defendant.
(3) Where there has been such a ruling as provided by paragraph (1), the action is deemed to have been brought against the altered defendant from the start.
(4) Where there has been such a ruling as provided by paragraph (1), the action against the original defendant is deemed to have been discontinued.
(5) No protest can be lodged against any such ruling as provided by paragraph (1).
(6) An immediate appeal may be instituted to the competent higher forum(the Supreme Court excepted) against a ruling to dismiss an instance under paragraph (1).
(7) The court of appeal instance that has made such a ruling as provided by paragraph (1) must transfer the case to the competent forum.
Art.16.(Joinder of claims)
(1) Any action for revocation may be brought together with any relevant one.
(2) Where an action for revocation is brought to a high forum to establish the court of first instance together with a relevant one by virtue of paragraph (1), consent must be given by the defendant of the latter.
In this case, the said defendant—
(a) who has pleaded over the merits of the case without uttering an objection; or
(b) who has made a statement in the preparatory hearing,
is deemed to have agreed to a joinder of claims.
Art.17.(Joinder of parties)
(1) Any action for revocation may be brought by or against several persons only where a claim of or to them is relevant to the disposition or adjudication in question.
(2) In the case of paragraph (1), Art.16.(2) shall apply correspondingly.
Art.18.(Joinder of claims one of which has been added by third person)
Until the hearing of an action for revocation is concluded, a third person may bring a relevant one against its party.
In this case, where the said action is pending in a court of law established by a high forum, Art.16.(2) shall apply correspondingly.
Art.19.(Joinder of claims one of which has been added by the plaintiff)
(1) Until the hearing of an action for revocation is concluded, the plaintiff may bring a relevant one.
In this case, where the said action is pending in a court of law established by a high forum, Art.16.(2) shall apply correspondingly.
(2) It is not precluded by paragraph (1) that an action for revocation follows the example of Art.143 of the Civil Proceedings Act(1996 act No.109).
Art.20. Where an action for the revocation of a disposition is added to one for that of an adjudication that has rejected a claim for review against the disposition by virtue of the foregoing part of paragraph (1) of Art.19., —
(a) notwithstanding Art.16.(2) applied correspondingly in the latter of the said paragraph, there is no need to obtain the consent of the defendant of such an action; and
(b) such an action is deemed to have been brought at the time when the said one has.
Art.21.(Alteration in action to claim for damages, etc. against the State or public body)
(1) The court in which an action for revocation is pending, when judging it reasonable that an alteration is made in its object to a claim for damages against the State or a public body that has jurisdiction over affairs concerning the disposition or adjudication in question or any other, may at the instance of the plaintiff form a ruling to permit the alteration on condition that there is no change in the cause of the said action until it concludes the hearing.
(2) Art.15.(2) shall apply correspondingly to any ruling as prescribed in paragraph (1).
(3) The court that will form a ruling to permit an alteration in the action by virtue of paragraph (1) must in advance hear the parties and the defendant of an action for damages or any other.
(4) An immediate appeal may be instituted to a higher forum(the Supreme Court excepted) against a ruling to permit an alteration in the action.
(5) No protest can be lodged against a ruling not to permit an alteration in the action.
Art.22.(Intervention of third person)
(1) The court, when there is a third person whose right is violated by the result of the action, may at his instance or on its own authority form a ruling to permit or order him to intervene therein.
(2) The court that will form such a ruling as provided by paragraph (1) must in advance seek the opinions of the parties and third person.
(3) Any person who has made an instance under paragraph (1) may institute an immediate appeal to a higher forum(the Supreme Court excepted) against a ruling to dismiss the instance.
(4) Art.40.(1) to (3) of the Civil Proceedings Act shall apply correspondingly to any person who has intervene in the action by virtue of paragraph (1).
(5) Art.45.(3) and (4) of the Civil Proceedings Act shall apply correspondingly to the case where a third person has made an instance under paragraph (1).
Art.23.(Intervention of executive)
(1) The court may form a ruling to permit or order an executive other than what has made the disposition or adjudication in question to intervene in the action upon application or on its own authority when judging it vital.
(2) The court that will form such a ruling as provided by paragraph (1) must in advance seek the opinions of the parties and executive.
(3) Art.45.(1) and (2) of the Civil Proceedings Act shall apply correspondingly to any executive that has intervened in the action by virtue of paragraph (1).
Art.23-2.(Exceptions to order or request for explanation)
(1) The court may—
(a) with respect an executive—
(i) that is supervised by the State or a public body which is the defendant, or
(ii) that is the defendant,
give an order for the production of all or part of the materials(excluding such records as prescribed in paragraph (2)) clarifying the contents of the disposition or adjudication in question, any provision of law that forms its basis, facts that have caused it or other reasons for it that the said executive holds in hand; or
(b) with respect to any other executive, make a request for the sending of all or part of such materials,
when judging it vital with a view to make clear litigious relations.
(2) The court in which an action for the revocation of an adjudication formed on the basis of a claim for review is pending may—
(a) with respect an executive—
(i) that is supervised by the State or a public body which is the defendant, or
(ii) that is the defendant,
give an order for the production of all or part of the records of the case concerned; or
(b) with respect to any other executive, make a request for the sending of all or part of such records.
Art.24.(Examination of evidence on the court’s own authority)
The court may make an examination of any piece of evidence on its own authority when judging it vital:
Provided that the opinions of the parties must be sought on the results of such an examination.
Art.25.(Suspension of execution)
(1) The following shall in no way be precluded by an action for revocation—
(a) the effect and execution of the disposition in question; and
(b) the continuance of the legal proceedings.
(2) The court in which an action for revocation is pending may upon application form a ruling to suspend all or part of the effect or execution of the disposition in question, or the continuance of the legal proceedings when judging it urgently necessary in order to avoid grave damage to be caused thereby:
Provided that the suspension of the said effect is on no account allowed if the purpose can be attained by the others.
(3) The court that judges whether such grave damage as prescribe in paragraph (2) is caused or not shall take into consideration the degree of difficulty in its recovery as well as its nature and extent, and the content and character of the disposition in question
(4) No such ruling as provided by paragraph (2) can be formed when—
(a) there is a fear of an important influence being exerted on public welfare; or
(b) there seems to be no reason in the merit of the case.
(5) The court shall form such a ruling as provided by paragraph (2) on the basis of an examination of evidence that can be examined on the spot.
(6) The court may form such a ruling as provided by paragraph (2) without conducting a hearing on condition that it seeks the opinions of parties in advance.
(7) An immediate appeal may be instituted to a higher forum(the Supreme Court excepted) against a ruling formed on the basis of an application under paragraph (2).
(8) No immediate appeal against such a ruling as provided by paragraph (2) shall have the effect to suspend its execution.
Art.26.(Annulment of suspension of by reason of alteration in circumstances)
(1) The court may at the instance of the other party or on its own authority form a ruling to annul such a one as provided by Art.25.(2) when, after the one has become irrevocable,—
(a) the reason for the said one has been extinguished; or
(b) any other alteration has been made in the circumstances.
(2) Art.25.(5) to (8) shall apply correspondingly to—
(a) any ruling formed on the basis of an instance under paragraph (1); and
(b) any protest against such a ruling.
Art.27.(Objection of the Premier)
(1) Where there has been an application under Art.25.(2), the Premier may lodge an objection with the court.
The same shall apply to the case where there has been such a ruling as provided by Art.25.(2).
(2) Any such objection as prescribed in paragraph (1) must contain its cause.
(3) The Premier shall in such cause as described in paragraph (2) manifest circumstances in which an important influence is likely to be exerted on public welfare if the effect of the disposition in question, its execution or the continuance of legal the proceedings is suspended.
(4) The court—
(a) in the case of the foregoing paragraph (1), cannot form such a ruling as provided by Art.25.(2); or
(b) in the case of the latter part of paragraph (1), must annul such a ruling as provided by Art.25.(2).
(5) Any objection based on the latter part of paragraph (1) must be lodged with—
(a) the court that has formed such a ruling as provided by Art.25.(2); or
(b) if an immediate appeal against such a ruling as provided by Art.25.(2) is pending in the superior court(a Petty Bench of the Supreme Court excepted), the said court.
(6) The Premier—
(a) must not raise such an objection as prescribed in paragraph (1) unless circumstances require; and
(b) in the case where he has raised the said objection, must make a report on its contents at the next ordinary session of the Diet.
Art.28.(The competent court for application under Art.25.(2), etc.)
Any—
(a) application under Art.25.(2); or
(b) application for annulment of such a ruling as provided by Art.25.(2),
must be made to the court in which the merits of the case is pending.
Art.29.(Application with necessary modifications to actions for revocation of adjudication)
Arts.25. to 28. shall apply mutatis mutandis to the case where an action for the revocation of an adjudication has been brought.
Art.30.(Revocation of discretionary disposition)
The court in which an action for the revocation of a disposition made by the executive at his discretion may revoke it only where the executive has overstepped or abused his discretionary powers.
Art.31.(Rejection of action for revocation by reason of special circumstances)
(1) The court may reject the action for revocation when judging that, although the disposition or adjudication in question is unlawful, the revocation—
(a) is surely to impair public interests strikingly; or
(b) is out of accord with other public welfare in consideration of—
(i) the extent of compensation for damage to be inflicted upon the plaintiff or the degree of its prevention, and
(ii) all other circumstances.
In this case, it must be declared in the text of the decree that the said disposition or adjudication is unlawful.
(2) The court in which an action for revocation is pending may pass a decree to declare that the disposition or adjudication in question is unlawful before the pronouncement of a final one when judging it reasonable.
(3) Any fact and reason to be contained in a final decree may be quoted from such a one as prescribed in paragraph (2).
Art.32.(Effect of decree to revoke disposition, etc. and another)
(1) The effect of a decree to revoke a disposition or adjudication shall extend over third persons.
(2) Paragraph (1) shall apply correspondingly to—
(a) any such ruling as provided by Art.25.(2); and
(b) any ruling to annul the said one.
Art.33.(1) Any decree to revoke a disposition or adjudication shall bind an executive that has made it and any other interested one.
(2) Where a decision or adjudication that has dismissed or rejected an application or claim for review has been revoked by a decree, the executive concerned must make a new one in accordance with the tenor of the decree.
(3) Paragraph (2) shall apply correspondingly to the case where a disposition or adjudication that has sustained an application or claim for review has been revoked by a decree for the reason that there is illegality in the formalities.
(4) Paragraph (1) shall apply correspondingly to any ruling as provided by Art.25.(2).
Art.34.(Petitions for review by third person)
(1) Any third person whose right has been violated by a final decree to revoke a disposition or adjudication and who has been hindered from intervening in the action by a cause for which he is not to blame, so that he could not file any pleading that is to exert an influence on the decree may lodge a petition for review against the finalized one.
(2) Any such petition for review as provided by a paragraph (1) must be lodged within thirty days from the day after the third person has become aware of the existence of the finalized decree concerned.
(3) Any such period as prescribed in paragraph (2) shall be a peremptory term.
(4) No such petition for review as provided by paragraph (1) can be lodged if a year lapses after the date on which the decree concerned has been finalized.
Art.35.(Effect of judgment on costs of action)
A finalized judgment on the costs of an action in which an executive under the supervision of the State or a public body is a party or intervener shall be effective for or against the State and body.
Section 2 Other Actions
Art.36.(Qualification«locus standi» as plaintiff in actions to affirm invalidity, etc.)
Any action to affirm invalidity, etc. may be taken only by a person—
(a) who has a legal interest in the court’s declaration of the invalidity, etc., e.g. now that he is likely suffer damage from a disposition or adjudication; and
(b) who cannot attain his purpose by the use of a suit concerning the present legal relations premised on the existence or nonexistence thereof or its effect.
Art.37. (Qualification«locus standi» as plaintiff in actions to affirm illegality of omission)
Any action to affirm the illegality of an omission may be taken only by a person who has made an application or claim for review.
Art.37-2.(Requirements for action for order)
(1) Any action for an order based on Art.3.(1)(a) may be taken only where there is no other adequate means to avoid serious damage that is likely to be done by the default of the executive concerned in making the disposition in question.
(2) The court that judges whether such serious damage as prescribed in paragraph (1) is done or not shall take into consideration the degree of difficulty in its recovery as well as its nature and extent, and the content and character of the disposition in question.
(3) Any action for an order under paragraph (1) shall be brought only by a person who has a legal interest in claiming the order that the executive concerned make the disposition in question.
(4) Art.9.(2) shall apply correspondingly to the case where the court judges such an interest as prescribed in paragraph (3).
(5) Where—
(a) an action for an order fulfills any such requirement as prescribed in paragraphs (1) and (3); and
(b) it is evident that—
(i) the executive concerned should make the disposition in question in view of the law, or
(ii) not to do so results in overstepping or abusing his discretionary powers,
the court shall pass a decree to order the executive concerned to make the said disposition.
Art.37-3.(1) Any action for an order based on Art.3.(6)(b) may by taken only where—
(a) no disposition or adjudication is made on the basis of the application or claim for review in a reasonable period of time; or
(b) a disposition or adjudication to dismiss or reject the application or claim for review that has been made by an executive is to be revoked, or invalid or nonexistent.
(2) Any action for an order under paragraph (1) may be brought only by a person who has made an application or claim for review in conformity with law.
(3) Any action for an order under paragraph (1) must be taken as a joinder together with—
(a) in the case of paragraph (1)(a), an action to affirm the illegality of an omission in the matter of the disposition or adjudication in question; or
(b) in the case of paragraph (2)(b), an action for the revocation of the disposition or adjudication in question or to affirm its invalidity, etc.
In this case, where there is in another statute a special provision of jurisdiction over such an action as specified in paragraph (a) or (b), notwithstanding Art.12. applied correspondingly in Art.38.(1), the said joinder must follow the provision.
(4) No such joinder as prescribed in paragraph (3) can be separated.
(5) Where—
(a) an action for an order fulfills any such requirement as prescribed in paragraphs (1) to (3);
(b) such an action as specified in paragraph (a) or (b) is reasonable; and
(c) it is evident that—
(i) the executive concerned should make the disposition or adjudication in question in view of the law, or
(ii) not to do so results in overstepping or abusing his discretionary powers,
the court shall pass a decree to order the executive concerned to make the said disposition or adjudication.
(6) Notwithstanding paragraph (4), the court may form a final judgment only in the matter of such an action as specified in paragraph (3)(a) or (b) when judging it makes a contribution to the speedier settlement of the dispute in view of the situation of the hearing and other circumstances.
In this case, the court that has passed such a judgment may after consultation with the parties stay the action for an order until the legal proceedings for the said one are completed.
(7) Any action for an order that the executive concerned make a certain adjudication may be taken only where an action for revocation or to affirm invalidity, etc. is hindered by a claim for review against a disposition from being brought.
Art.37-4.(Requirements for injunction)
(1) Any action for an injunction may be taken only where a serious damage is likely to be done by a disposition or adjudication on condition that there is no other adequate means to avoid the damage.
(2) The court that judges whether such serious damage as prescribed in paragraph (1) is done or not shall take into consideration the degree of difficulty in its recovery as well as its nature and extent, and the content and character of the disposition or adjudication in question.
(3) Any action for an injunction may be brought only by a person who has a legal interest in claiming the injunction that prohibits the executive concerned from making the disposition or adjudication in question.
(4) Art.9.(2) shall apply correspondingly to the case where the court judges such an interest as prescribed in paragraph (3).
(5) Where—
(a) an action for an injunction fulfills any such requirement as prescribed in paragraphs (1) and (3); and
(b) it is evident that—
(i) the executive concerned should not make the disposition in question in view of the law, or
(ii) to do so results in overstepping or abusing his discretionary powers,
the court shall pass a decree to prohibit the executive concerned from making the said disposition or adjudication.
Art.37-5.(Temporary order or injunction)
(1) The court in which an action for an order is pending may upon application form a ruling to order the executive concerned to make the disposition or adjudication in question temporarily where—
(a) it is urgently necessary to avoid unrecoverable damage to be done by his default in making the said disposition or adjudication; and
(b) the merits of the case seems to be favorable to the plaintiff.
(2) The court in which an action for an injunction is pending may upon application form a ruling to prohibit the executive concerned from making the disposition or adjudication in question temporarily where—
(a) it is urgently necessary to avoid unrecoverable damage to be done by the said disposition or adjudication; and
(b) the merits of the case seems to be favorable to the plaintiff.
(3) No such ruling as prescribed in paragraph (1) and (2) can be formed where there is a fear of an important influence being exerted on public welfare.
(4) Arts.25.(5) to (8), 26. to 28. and 33.(1) shall apply correspondingly to cases where there have been applications under paragraph (1) and (2).
(5) Where such a ruling as provided by paragraphs (1) has been annulled on the basis of an immediate appeal instituted by virtue of Art.25.(7) or 26.(1) applied correspondingly in paragraph (4), the executive concerned must revoke a disposition or adjudication he has made on the strength of the said ruling.
Art.38.(Application with necessary modifications of provisions concerning action for revocation)
(1) Arts.11. to 13., 16. to 19., 21. to 23., 24. and 33. to 35. shall mutatis mutandis to actions against the exercise of public power other than ones for revocation.
(2) The provision of—
(a) Art.12.(2) shall apply mutatis mutandis to the case where an action to affirm the invalidity, etc. of a disposition is allowed to be taken together with one against the exercise of public power concerning an adjudication that has rejected a claim for review against the disposition; and
(b) Art.20. shall to the case where an action to affirm the invalidity, etc. of a disposition is taken as a joinder together with one against the exercise of public power concerning an adjudication that has rejected a claim for review against the disposition.
(3) Arts.23-2., 25. to 29. and 32.(2) shall apply correspondingly to any action to affirm invalidity, etc.
(4) Arts.8. and 12.(2) shall apply mutatis mutandis to any action to affirm the illegality of an omission.
Chapter 3 Actions between Parties of Legal Relations
Art.39.(Notice of action)
Where an action that has some connection with a disposition or adjudication which affirms or creates legal relations among parties has been taken by one against such another as provided for in law, the court shall give notice to that effect to an executive that has made the disposition or adjudication in question.
Art.40.(limitations)
(1) Any action between parties of legal relations with respect to which there is a limitation in law may be taken after its lapse on condition that there is good reason, unless specially provided for in the law.
(2) Art.15. shall apply correspondingly to any action between parties of legal relations whose limitation has been provided for in law.
Art.41.(Application with necessary modifications of provisions concerning action for revocation)
(1) The provisions of—
(a) Arts.23., 24., 33.(1) and 35. shall apply mutatis mutandis to any action between parties of legal relations; and
(b) Art.23-2.(1) and (2) shall to the production of materials to make clear reasons for a disposition or adjudication.
(2) The provision or provisions of—
(a) Art.13. shall apply mutatis mutandis to the removal of an action pending in another court of law that is relevant to one between parties of legal relations; and
(b) Arts.16. to 19. shall to the annexation of such actions.
Chapter 4 Civilian and Inter-organ Actions
Art.42.(Institution of action)
Any civilian or inter-organ action may be brought only by such a person as provided for in law in pursuance thereof.
Art.43.(Application with necessary modifications of provisions concerning actions against public power and between parties of legal relations)
(1) The provisions concerning an action for revocation(Arts.9. and 10.(1) excepted) shall apply mutatis mutandis to civilian and inter-organ ones for the revocation of dispositions and adjudications.
(2) The provisions concerning an action to affirm invalidity, etc.(Art.36. excepted) shall apply mutatis mutandis to civilian and inter-organ ones to do so in the matter of a disposition or adjudication.
(3) The provisions concerning an action between parties of legal relations(Arts.39. and 40.(1) excepted) shall mutatis mutandis to civilian and inter-organ ones other than what have been prescribed in paragraphs (1) and (2).
Chapter 5 Complementary Provisions
Art.44.(Exclusion of provisional dispositions)
The Civil Preservation Act(1989 act No.91) shall not cover any disposition made by an executive and its other exercise of public power.
Art.45.(Actions whose point in dispute is effect of disposition, etc. and others)
(1) Arts.23.(1) and (2), and 39. shall apply correspondingly to the case where the existence or nonexistence of a disposition or adjudication or its effect has been contested in an action concerning private legal relations.
(2) Art.45.(1) and (2) of the Civil Proceedings Act shall apply correspondingly to the case where an executive has intervened in an action by virtue of paragraph (1) on condition that it is allowed to file only pleadings that have some connection with the existence or nonexistence of the disposition or adjudication in question or its effect.
(3) Where, after an executive has intervened in an action by virtue of paragraph (1), the existence or nonexistence of the disposition or adjudication in question or its effect has no longer been a point in dispute, the court may annul a ruling to permit its intervention.
(4) In the case of paragraph (1), the provision or provisions of—
(a) Arts.23-2. and 24. shall apply correspondingly to the point in dispute; and
(b) Art.35. shall to any judgment on the costs of an action.
Art.46.(Advice on institution of action for revocation, etc.)
(1) Any executive that makes a disposition by letter or adjudication on the subject of which an action for revocation is allowed must give advice in writing on—
(a) a person to be the defendant;
(b) a limitation or limitations; and
(c) in the case where it has been provided for in a statute that no such action can be taken unless an adjudication is made on the basis of a claim for review against the disposition, the fact.
(2) Any executive that makes a disposition by letter in which it has been provided for in a statute that an action for revocation is allowed only on the subject of an adjudication must give advice in writhing to that effect to the other party.
(3) Any executive that makes a disposition by letter or adjudication to affirm or create legal relations among parties on the subject of which an action may be taken by one against such another as provided for in law must give the other party advice in writing on—
(a) a person to be the defendant; and
(b) a limitation or limitations.
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