The applicant, a Ukrainian national, was granted temporary protection in France on 25 March 2022 for a duration of six months. On 22 September 2022, the Prefect of Hérault refused to renew the applicant's temporary protection status on the grounds that the applicant was a threat to public order. The applicant appealed against this decision but the relief judge rejected his appeal. Thus, the applicant appealed again before the Council of State.

The Council of State recalled that an emergency situation could require an administrative decision to be annulled if it constitutes a serious and immediate violation of public interest or of the applicant's situation or interests. The Council of State also recalled that the emergency condition is generally met when the contested administrative decision concerns the refusal to renew or the revocation/withdrawal of a residence permit. Consequently, the council annulled the relief judge's decision, noting that he did not consider the subject of the contested administrative decision (refusal to renew a residence permit) when assessing whether the emergency condition was met. However, the council upheld the decision of the Prefect of Hérault, rejecting the applicant's arguments that it was not adopted by a competent authority and that it was based on the motive that he was a threat to public order.