Introduction

Proceedings with mandatory representation

Proceedings without mandatory representation

Contentious matters

Scope

Proceedings

Non-contentious matters

Proceedings before full bench

Interim orders

Orders on ex parte application (sur requête)

Powers of the First president

3. Proceedings before the Court of Appeal

Decree No 2023-1391 of 29 December 2023 on the simplification of the appeal procedure in civil matters, applicable from 1 September 2024, amends certain provisions relating to the role of the parties during expedited appeal proceedings. Indeed, while it partially incorporates Article 905-2 of the Code of Civil Procedure into new Article 906-2, it notably adds a paragraph specifying that under the  …

Time-limits for submissions

Decree No 2023-1391 of 29 December 2023 on the simplification of the appeal procedure in civil matters, applicable from 1 September 2024, amends certain provisions relating to the role of the parties during expedited appeal proceedings. Indeed, while it partially incorporates Article 905-2 of the Code of Civil Procedure into new Article 906-2, it notably adds a paragraph specifying that under the sanctions provided for in the first to fourth paragraphs, submissions are disclosed to the parties' lawyers within the time of their filing with the court registry and are served on parties who have not instructed counsel no later than one month following the expiration of the deadlines provided for in these same paragraphs; however, if they instruct counsel before the service of the submissions, notification is made to their lawyer.

Pursuant to Article 906-1, para. 1, of the Code of Civil Procedure—which partially incorporates the provisions of para. 1 of Article 905-1, stemming from the decree of 6 May 2017 , which prescribed a ten-day period—when the case is set for expedited proceedings by the president of the chamber, the appellant serves the notice of appeal within twenty days of receiving the notice of setting sent by the court registry, on pain of the notice of appeal being declared lapsed ex officio by the president of the chamber seized or the judge designated by the first president. However, the notice of appeal, irregular due to the absence of the annex containing the contested points of the decision, but whose invalidity has not been declared and which has been served within the time required by law, does not incur lapse . Furthermore, the Court of Cassation has held, under the former Article 905-1, that the obligation imposed on the appellant to notify the notice of appeal to the lawyer previously appointed by the respondent, within ten days of receiving the notice of setting sent by the registry, is not prescribed on pain of lapse of this notice of appeal . This period is intended to allow certain cases to be judged expeditiously while ensuring, within the limits of this requirement for speed related to the nature of the case, that the respondent, who has not yet appointed a lawyer, is summoned and able to prepare their defense .

Paragraph 2 of Article 906-1 specifies that if the respondent instructs counsel before the service of the notice of appeal, notification is made to their lawyer.

Paragraph 3 of Article 906-1 adds that in all cases, a copy of the notice of expedited hearing is attached. Finally, this document must inform the respondent, on pain of invalidity, that if they fail to instruct counsel within fifteen days from the date thereof, they risk a judgment being rendered against them based solely on the elements provided by their opponent, and that if they fail to submit within the time limit mentioned in Article 906-2, their submissions risk being declared inadmissible ex officio (para. 4).

Furthermore, since the entry into force of Decree No 2023-1391 of 29 December 2023, the appellant has, on pain of lapse of the notice of appeal, noted ex officio by order of the president of the chamber seized or the judge designated by the first president, a period of two months from the receipt of the notice of setting the case for expedited proceedings to submit their submissions to the court registry, compared to one month under Article 905-2 of the same code (Art. 906-2, para. 1, Code of Civil Procedure) .

Article 906-2 of the Code of Civil Procedure, which partially reprises the text of the former Article 905-2, nevertheless extends the time limits granted to the respondent to file submissions and lodge an incidental  or provoked  appeal. Thus, according to paragraph 2, the respondent has, under penalty of inadmissibility raised ex officio by order of the president of the chamber seized or the judge designated by the first president, a period of two months, compared to one month under the former text, from the notification of the appellant's submissions to file their submissions with the court registry and, if applicable, to lodge an incidental or provoked appeal. Paragraph 3 also sets a two-month period from the notification of the incidental or provoked appeal, to which a copy of the notice of setting is attached, for the respondent to file their submissions with the court registry, under penalty of inadmissibility raised ex officio by order of the president of the chamber seized or the judge designated by the first president.

3) Time limits for compulsory intervention and voluntary intervention in proceedings 

According to Article 906-2, paragraph 4, of the Code of Civil Procedure, the party compelled to intervene in the appeal proceedings has, under penalty of inadmissibility raised ex officio by order of the president of the chamber seized or the judge designated by the first president, a period of two months from the notification of the intervention application filed against them, to which a copy of the notice of setting is attached, to submit their submissions to the court registry, compared to one month under the previous text. The new text, which reiterates the provisions of the former Article 905-2 regarding voluntary interveners, provides that the latter also benefits, under the same penalty, from the same period from their voluntary intervention. In other words, the voluntary intervener now has a period of two months to submit their submissions to the court registry, compared to one month before the decree came into force.

It should be noted that since the reform, the president of the chamber seized or the judge designated by the first president may, at the request of a party or ex officio, extend or shorten the prescribed time limits.

Decree No 2017-891 of 6 May 2017 concerning objections to jurisdiction and appeals in civil matters, OJ of 10 May 2017.

Cass. 2e civ., 5 December 2019, LawLex202400003475JBJ.

Cass. 2e civ., 12 July 2018, LawLex202400000648JBJ; 2 July 2020, LawLex202400000626JBJ and LawLex202400000627JBJ; 9 September 2021, LawLex202400000628JBJ: if the provisions of Article 905-1 of the Code of Civil Procedure pursue the legitimate aim of proper administration of justice, procedures presenting an urgent nature must be organized within a framework ensuring that a decision is rendered in expedited proceedings, there is a reasonable proportionality between the means employed and the aim pursued, the appellant, through their lawyer, must be vigilant regarding the completion of the various procedural acts, being able to comply with the obligation imposed on them to serve the notice of appeal on the respondent within this ten-day period.

Cass. 2e civ., 9 September 2021, LawLex202400000628JBJ.

Cass. 2e civ., 22 October 2020, LawLex202400000630JBJ: on pain of lapse of the notice of appeal, the appellant must, no later than within one month from receipt of the notice of the case being set for expedited proceedings, file their submissions with the court registry and serve them on the respondent's lawyer; 13 January 2022, LawLex202400000629JBJ: it follows from Articles 905-2 and 911 of the Code of Civil Procedure that, on pain of lapse of the notice of appeal, the appellant must, no later than within one month from receipt of the notice of the case being set for expedited proceedings, file their submissions with the court registry and serve them on the respondent's lawyer.

The cross-appeal, a remedy available to the respondent in the principal appeal to request the modification of one or more aspects of the first-instance judgment, has the effect of broadening the devolutive effect of the appeal. Pursuant to Article 548 of the Code of Civil Procedure, the appeal may be incidentally raised by the respondent both against the appellant and against the other respondents.

Under Article 548 of the Code of Civil Procedure, a provoked appeal is a form of incidental appeal that may be initiated, based on the principal or incidental appeal that provokes it, by any person, even if not a respondent, who was a party in the first instance. It differs from intervention, which only concerns third parties in the first instance.

Under Article 66 of the Code of Civil Procedure, an intervention is defined as an application aimed at making a third party a party to the proceedings initiated between the original parties. The intervention is voluntary when it originates from the third party and compulsory when the third party is implicated by a party.

3. Proceedings before the Court of Appeal

15. Time-limits for submissions

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15. Time-limits for submissions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise