Countries › Costa Rica › Guide › 14. Disputes › Claims against the State in Costa Rica: contentious administrative courts, the one year deadline, interim measures and payment of judgments

Claims against the State in Costa Rica: contentious administrative courts, the one year deadline, interim measures and payment of judgments

Last verified: 2026-10-29 · Status: Stable

Challenges to acts of public bodies and damages claims against them go to the contentious administrative jurisdiction under Ley 8508 (in force 1 January 2008). Exhausting administrative appeals is optional, but the claim must be filed within one year of notice of the act, while damages claims against the Administration prescribe in four years. Courts can grant interim measures, and money judgments are automatically budget commitments, with attachment of private domain assets possible if the entity does not pay.

Key facts

Term to challenge an administrative act	1 yearsLey 8508 art. 39, as of 2026-10-29 · in force
Limitation for damages against the Administration	4 yearsLey 6227 art. 198, as of 2026-10-29 · in force
Prior administrative appeal required	no, optional (save Constitution art. 173 and 182) textLey 8508 art. 31, as of 2026-10-29 · in force
Court	Tribunal Contencioso Administrativo y Civil de Hacienda textLey 8508, as of 2026-10-29 · in force
Decentralised entity budget adjustment term	3 monthsLey 8508 art. 168, as of 2026-10-29 · in force

The rule

1. Exhausting the administrative route is optional, except in the cases of Constitution art. 173 and 182; if the claimant goes straight to court against the State, the head of the body gets eight business days to confirm or revoke the act before the defence term runs.Ley 8508, Código Procesal Contencioso Administrativo, art. 31, 2006-04-28 official text · verified 2026-10-29

2. The maximum term to file is one year, counted from the day after notice or publication of the act, the end of material actions or, for absolutely null acts and continuing omissions, from the end of their effects; civil and tax matters follow the limitation of the underlying right.Ley 8508, Código Procesal Contencioso Administrativo, art. 39, 40 and 41, 2006-04-28 official text · verified 2026-10-29

3. The Administration answers for all damage caused by its legitimate or illegitimate, normal or abnormal functioning, save force majeure, fault of the victim or of a third party; the right to claim compensation prescribes in four years from the event.Ley 6227, Ley General de la Administración Pública, art. 190 and 198, 1978-05-02 official text · verified 2026-10-29

4. Courts may order interim measures, before or during the case or at enforcement, including measures that anticipate or innovate and impose obligations to do, not do or give.Ley 8508, Código Procesal Contencioso Administrativo, art. 19 and 20, 2006-04-28 official text · verified 2026-10-29

5. The Administration may settle by conciliation on the conduct, its validity and effects; settlements with the Procuraduría need express authorisation of the Procurador General or deputy.Ley 8508, Código Procesal Contencioso Administrativo, art. 72 and 73, 2006-04-28 official text · verified 2026-10-29

6. A final money judgment automatically commits budget funds for the fiscal year in which it becomes final; the enforcing judge certifies it to the national budget department or the entity head, who must include it in the next budget; a decentralised entity has three months to adjust its budget, after which the Contraloría can freeze its budget approvals.Ley 8508, Código Procesal Contencioso Administrativo, art. 166, 167 and 168, 2006-04-28 official text · verified 2026-10-29

7. On request the judge may attach private domain assets not used for a public purpose, up to 25% of the entity's shareholdings in companies and up to 25% of budget transfers it receives for the period.Ley 8508, Código Procesal Contencioso Administrativo, art. 169, 2006-04-28 official text · verified 2026-10-29

Worked example

A municipality revokes a construction licence on 2 February 2026. The developer may skip administrative appeals and must sue by early February 2027 (one year from the day after notice). If it wins damages, the judgment becomes a budget commitment; if the municipality has not paid or budgeted three months after finality, the developer can ask the judge to alert the Contraloría and attach unallocated municipal assets.

Step by step

Record the notice date of the act; the one year term runs from the next day.
Decide whether an administrative appeal adds value; it is optional and a one month silence counts as rejection.
Ask for interim measures with the claim if the act causes immediate harm.
At enforcement, identify specific assets or budget items, or the attachment request is rejected outright (art. 169.2).

Common traps

The one year term is short compared with civil limitation; missing it ends the annulment claim.
Public domain assets cannot be attached; only private domain assets and the 25% caps.
Treaty investors should check fork in the road clauses before suing locally (see investment arbitration).

Sources

← Mediation and conciliation in Costa Rica: Ley 7727, court conciliation, settlement effects and authorised centresAmparo and constitutional challenges in Costa Rica: the Sala Constitucional, two month deadline, suspension and damages →

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