Introduction

Role of the parties

Role of judge

Contentious matters

Concept

Powers of the judge

Principle of adversarial proceedings

Non-contentious matters

Underlying principles of civil proceedings

Right to bring civil action

Abuse of the right to bring proceedings

Type of action

Concept of action

Interest in bringing proceedings

Standing

Rules governing action

Legal action

Initial claim

Counterclaim

Additional claim

Intervention

Incidental claim

Interruption of limitation period

Application to file suit (demande en justice)

Defense on the merits

Procedural objections (exceptions de procédure)

Procedural bars to admissibility (fins de non-recevoir)

Defenses

Nature of claim

Amount of the claim

Jurisdiction ratione materiae

Principles

Exceptional territorial jurisdiction

Extension of jurisdiction

Territorial jurisdiction

Competent court

Formal requirements

Substantive requirements

Presentation of the QPC (Question prioritaire de constitutionnalité)

Referral to Court of Cassation

Referral to Constitutional Council

Referral of the QPC

Investigation procedure

Conduct of hearing

Decision of the Constitutional Council

Proceedings before Constitutional Council

Priority question of constitutionality (QPC)

Simplified case preparation procedure

Participative procedure for case preparation purposes

Extra-judicial case preparation

Recourse to technical expert

Agreements on extra-judicial case preparation (mise en état)

Disclosure of exhibits

Production of documents

Exhibits

Common provisions for investigations

Rules specific to each investigation

Investigative measures

Disputes concerning private deeds (actes sous seing privé)

Forgery procedure against authentic instruments

Challenges to documentary evidence

Oath sworn as decisive evidence

Oath tendered by way of supplementation

Judicial oath

Administration of evidence

Hearings

Deliberations

Judgment

Formation

Judgment after adversarial proceedings

Judgment by default or judgment after trial

Contentious or non-contentious judgment

Judgment on the merits or provisional ruling (avant dire droit)

Combined judgment

Provisional judgment

Judgment in fast track proceedings

Types

Joinder and severance of proceedings

Interruption of proceedings

Suspension of proceedings

Discontinuance of proceedings (extinction)

Procedural incidents

Plea of lack of jurisdiction

Recusal/Dismissal for legitimate suspicion

Challenging the judge's competence

General rules

Voluntary intervention

Compulsory intervention

Joinder in proceedings (intervention)

Existence of a judgment

Same subject matter, cause, and parties

Authority of res judicata

General conditions of enforcement

Provisional enforcement

Grace period

Enforcement of the judgment

Bearing of costs

Order to pay non-recoverable costs

Verification/Recovery

Claims/Disputes

Costs and expenses

Ordinary remedies

Extraordinary remedies

Remedies

Judgments

Calculation of time-limits

Acts of judicial commissioners

Service of documents

Ordinary notification

Notification between lawyers

International notification

Place of notification

Notification

Communication by electronic means

Procedural acts

1. Ordinary Law of Civil Procedure

The appeal may be a cross-appeal or a provoked appeal. The cross- appeal is one that is ancillary to the principal. Article 548 of the Code of Civil Procedure provides that the appeal may be incidentally raised by the respondent against both the appellant and the other respondents. Under Article 549 of the Code of Civil Procedure, the incidental appeal may also originate, on the principal or incid …

Cross-appeal (appel incident) or provoked appeal (appel provoqué)

The appeal may be a cross-appeal or a provoked appeal. The cross- appeal is one that is ancillary to the principal. Article 548 of the Code of Civil Procedure provides that the appeal may be incidentally raised by the respondent against both the appellant and the other respondents. Under Article 549 of the Code of Civil Procedure, the incidental appeal may also originate, on the principal or incidental appeal that provokes it, from any person, even if not a respondent, who was a party in the first instance .

Cross- and provoked appeals, subject to common provisions, are filed in the same manner as incidental claims (Art. 551 CPC), that is, by simple submissions. However, they should be distinguished. Indeed, while the cross-appeal extends the subject matter devolved to the court within the limits of what was submitted to the trial judges, the incidental claim aims to submit a new application to the court, thereby causing an evolution of the dispute.

According to Article 550, para. 1, subject to Articles 905-2, 909, and 910, a cross-appeal or a provoked appeal may be filed, in any event, even outside the time limit for filing a principal appeal, as long as the principal appeal to which it is attached is admissible, even if only in part . It will, therefore, be inadmissible if the principal appeal is lapsed  or is not itself admissible . A cross-appeal filed on an admissible principal appeal of the opposing party is admissible, including when the cross-appellant had previously filed a principal appeal that was removed pursuant to Article 526 of the Code of Civil Procedure . The principal appeal of a party does not prevent them from filing, in the same manner as for incidental claims, a cross-appeal on the principal appeal of the opposing party and thus extending their criticism of the judgment . The reservation based on Articles 905-2, 909, and 910 implies that in ordinary proceedings with mandatory representation, the cross-appeal must be filed within three months of the notification of the opposing submissions (and no longer in any event) or within one month if it is an expedited procedure.

When a judgment contains several distinct rulings and a party appeals one of them, the respondent may file a cross-appeal or a provoked appeal on the other rulings .

A provoked appeal can only be initiated by the principal appellant when it arises from the incidental appeal filed by the respondent. Thus, the principal appellant who has initially directed their appeal against only one party is inadmissible, after the expiration of the appeal period, to file a second appeal against another party, as this latter cannot result from a subsequent incidental appeal and constitutes a second principal appeal. .

To ensure the good faith of the parties, Article 550, para. 2, provides the possibility for the court to award damages against those who, with a dilatory intent, failed to file their incidental or provoked appeal in a timely manner.

Cass. 2e civ., 16 February 1984, LawLex202300014526JBJ, considering that pursuant to Articles 549 and 550 of the Code of Civil Procedure, any person who was a party in the first instance may, in any event, file a cross-appeal provoked by the principal appeal, so that a judgment cannot make the admissibility of the cross-appeal dependent on the status of respondent of the party who filed it.

Cass. 2e civ., 5 April 2007, LawLex202300014547JBJ; 11 January 2006, LawLex202300014521JBJ.

Cass. 2e civ., 13 May 2015, LawLex202300010731JBJ.

Cass. 2e civ., 19 November 2020, LawLex202300014557JBJ; 13 March 2008, LawLex202300014552JBJ. Cf. however Cass. 2e civ., 1 October 2020, LawLex202300014544JBJ, considering that under Article 550 of the Code of Civil Procedure, the cross-appeal is admissible even if the principal appeal is inadmissible, provided it was filed within the time limit for bringing the principal action, so that a cross-appeal lodged by the respondent within the time limit provided for the principal appeal, after a second notice of appeal declared inadmissible and filed after a first notice of appeal declared lapsed, is admissible, even if the first notice of appeal is lapsed.

Cass. 2e civ., 19 November 2020, LawLex202300014557JBJ.

Cass. 2e civ., 16 January 2025, LawLex202500005137JBJ.

Cass. 2e civ., 13 October 2016, LawLex202300014554JBJ.

Cass. 2e civ., 4 December 2003, LawLex202300014510JBJ.

1. Ordinary Law of Civil Procedure

267. Cross-appeal (appel incident) or provoked appeal (appel provoqué)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

267. Cross-appeal (appel incident) or provoked appeal (appel provoqué)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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