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

Articles 906 et seq. of the Code of Civil Procedure set out the powers of the judge of the chamber of the Court of Appeal seized of the expedited proceedings.
1) Schedule the case for expedited proceedings
The power to set the days and times when the case will be called on an expedited basis, as well as the expected date for the closure of its investigation, belongs to the president of the chamber …

Definition of powers

Articles 906 et seq. of the Code of Civil Procedure set out the powers of the judge of the chamber of the Court of Appeal seized of the expedited proceedings.

1) Schedule the case for expedited proceedings

The power to set the days and times when the case will be called on an expedited basis, as well as the expected date for the closure of its investigation, belongs to the president of the chamber seized, ex officio or at the request of a party, when, according to Article 906 partially reiterating the provisions of Article 905 , a special provision provides for it, or when the appeal:

- seems to present an urgent nature or be ready for judgment (1°);

- relates to a judgment rendered in expedited procedure on the merits (3°);

- relates to one of the orders of the pre-trial judge listed in 1° to 4° of Article 795 (4°);

- relates to the judgment provided for in Article 807-2 (5°);

2) Extend or shorten the time-limits granted to the parties to file their submissions with the court registry and, if applicable, to file a cross-appeal.

Article 906-2, para. 6, which partially reiterates the provisions of Article 905-2, grants the president of the chamber seized or the judge designated by the first president the power to extend or reduce the time limits granted to the parties in the proceedings to allow them to file their submissions with the court registry and, if applicable, to file a cross-appeal. This power can be exercised ex officio, but also at the request of a party. This decision, recorded in the case file, constitutes a measure of judicial administration.

3) Exclude the application of the sanctions provided for in Article 906-2 of the Code of Civil Procedure with respect to the parties

Since 1 September 2024, the effective date of Decree No 2023-1391 of 29 December 2023 , Article 906-2, para. 7, allows the president of the chamber seized or the judge designated by the first president, at the request of a party, to waive the sanctions it provides for (lapse, invalidity, or inadmissibility raised ex officio) in cases of force majeure. The text specifies that the latter is constituted by a circumstance not attributable to the party's actions and which is insurmountable for them .

4) Rule on the difficulties raised until the opening of the proceedings or until the date set for the filing of the lawyers' files

According to Article 906-3, para. 1, of the Code of Civil Procedure , the president of the chamber seized or the judge designated by the first president is solely competent, until the opening of proceedings or until the date set for the filing of lawyers' files, to rule on:

- the inadmissibility of the appeal or interventions on appeal (1°);

- the lapse of the notice of appeal (2°);

- the inadmissibility of submissions and procedural documents pursuant to Article 906-2 and Article 930-1 (3°);

- incidents terminating the appeal proceedings (4°) .

The competence of the president, more extensive than before, seems to be approaching that of the pre-trial judge. He or she rules by order vested with the authority of res judicata in relation to the dispute at issue, an order that can be referred by application to the court within fifteen days of its date according to the procedures provided in the ninth paragraph of Article 913-8 of the same code (Art. 906-3, para. 2, Code of Civil Procedure). The referral is a procedural act that is part of the appeal process against an order having the authority of res judicata and does not initiate an autonomous proceeding . An application for referral filed more than fifteen days after the date of the order is inadmissible . When seized by way of referral, the court of appeal rules within the subject-matter jurisdiction of the judge who issued the order .

5) Rule on the costs and the applications made pursuant to Article 700 of the Code of Civil Procedure

According to Article 906-3, para. 3, of the Code of Civil Procedure, when the order has the effect of terminating the proceedings, the president of the chamber seized or the judge designated by the first president rules on the costs and the claims made pursuant to Article 700.

6) Refer the matter to the president of the chamber seized or to the judge designated by the first president with separate submissions

The president of the chamber seized or the judge designated by the first president may be seized by submissions specifically addressed to them, distinct from the submissions addressed to the court (Art. 906-3, para. 4, CPC), when ruling on:

- the inadmissibility of the appeal or interventions on appeal (Art. 906-3, para. 1, 1° Code of Civil Procedure);

- the lapse of the notice of appeal (Art. 906-3, para. 1, 2° Code of Civil Procedure);

- the inadmissibility of submissions and procedural documents pursuant to Article 906-2 and Article 930-1 (Art. 906-3, para. 1, 3° CPC);

- incidents terminating the appeal proceedings (Art. 906-3, para. 1, 4° Code of Civil Procedure);

- the costs and applications made pursuant to Article 700 (Art. 906-3, para. 3, CPC);

- the application of the sanctions provided for in Article 906-2, at the request of a party, in the event of force majeure constituted by a circumstance not attributable to the actions of the latter and which presents an insurmountable character for them (Art. 906-2, para. 7, CPC).

In accordance with Article 906-4, para. 1, of the Code of Civil Procedure, the president of the chamber seized or the judge designated by the first president declares the investigation closed on the date set by the notice of setting or, if the state of the investigation justifies it, on another date, and this closure order is subject to the provisions of Articles 914, 914-3, and 914-4 of the same code. Para. 2 specifies that after the exchange of submissions provided for in Article 906-2, he may, by noting in the file, refer cases that are not ready to be judged to the pre-trial judge, and it is the responsibility of the court registry to inform the instructed lawyers. Finally, according to para. 3, when a case is referred to the pre-trial judge in accordance with para. 2, its investigation continues according to the procedures provided for in the second to fifth paragraphs of Article 912 and Articles 913 to 914-5 of the same code.

8) Request or authorize the filing of records

The president of the chamber seized or the judge designated by the first president may, in certain cases as listed in Article 906-5 of the Code of Civil Procedure, ex officio or at the request of the parties' lawyers, request or authorize the filing of the lawyers' files with the court registry. First, if deemed necessary, particularly for the preparation of the case report for the hearing, they may request the parties' lawyers to file their files, including the exhibits produced, with the court registry on a date they determine (Art. 906-5, para. 1, CPC). Additionally, they may also, at the request of the parties' lawyers, and with the agreement, if necessary, of the Public Prosecutor's Office, authorize the filing of the files with the chamber's registry on a date they set, when it appears that the case does not require pleadings (Art. 906-5, para. 2, CPC). These measures are not subject to appeal and are noted in the file (Art. 906-5, para. 4, CPC).

Pursuant to Article 906-5, paragraph 3, of the Code of Civil Procedure, the president of the chamber seized or the judge designated by the first president "may, unless the parties' lawyers object, hold the hearing alone to hear the pleadings. He reports to the court in its deliberation. These measures are not subject to appeal and are recorded in the file (Art. 906-5, para. 4, CPC).

Article 906 added to the text of Article 905, providing for its application in cases where expedited proceedings are required under a special provision or when the appeal concerns a protection order.

Cass. 2e civ., 25 March 2021, LawLex202400000649JBJ: pursuant to Article 910-3 of the Code of Civil Procedure, in cases of force majeure, defined as a circumstance not attributable to the party's actions and which is insurmountable for them, the president of the chamber or the pre-trial judge may set aside the application of the sanctions provided for in Articles 905-2 and 908 to 911 of the same code [Editor's note: the provisions of Article 910-3 are reiterated in Article 906-2, para. 7, CPC, applicable from 1 September 2024].

Cass. 2e civ., 18 January 2024, LawLex202400000645JBJ: in expedited proceedings, the presiding judge is competent according to specific rules defined in Articles 905 et seq. of the Code of Civil Procedure to hear incidents relating to the inadmissibility of the appeal, its lapse, or the inadmissibility of submissions and procedural documents, under the conditions provided for in Article 905-2 of the Code of Civil Procedure [Editor's note: these provisions have been incorporated into Article 906-3, para. 1, CPC, applicable since 1 September 2024].

Cass. 2e civ., 18 January 2024, LawLex202400000645JBJ considering that in expedited proceedings, the presiding judge is competent according to specific rules defined in Articles 905 et seq. of the Code of Civil Procedure to hear incidents relating to the inadmissibility of the appeal, its lapse, or the inadmissibility of submissions and procedural acts, under the conditions provided for in Article 905-2 of the Code of Civil Procedure [Editor's note: these provisions have been incorporated into Article 906-3, para. 1, CPC, applicable since 1 September 2024].

Cass. 2e civ., 11 January 2018, LawLex202300014856JBJ.

Cass. 2e civ., 11 January 2018, LawLex202300014856JBJ, regarding a referral against an order of the pre-trial judge pursuant to the provisions of Article 916, reiterated in Article 913-8, stemming from Decree No 2023-1391, but the solution is applicable to orders of the president of the chamber seized or the judge designated by the first president.

Cass. 2e civ., 13 October 2016, LawLex202400003651JBJ, on a referral against the order of a pre-trial judge, but the solution is applicable to orders of the president of the chamber seized or the judge designated by the first president.

3. Proceedings before the Court of Appeal

14. Definition of powers

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

14. Definition of powers

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise