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

Upon application by the claimant (Art. 917, para. 1, CPC) or the respondent, if they have instructed counsel (Art. 924 CPC), the first president sets the day on which the case will be called with priority and assigns the chamber to which the case is distributed, provided that the rights of a party are at risk. The order on ex parte application issued pursuant to Article 917, paragraph 1, constitut …

Initiation of proceedings

Upon application by the claimant (Art. 917, para. 1, CPC) or the respondent, if they have instructed counsel (Art. 924 CPC), the first president sets the day on which the case will be called with priority and assigns the chamber to which the case is distributed, provided that the rights of a party are at risk. The order on ex parte application issued pursuant to Article 917, paragraph 1, constitutes a measure of judicial administration which, as such, is not subject to any appeal and cannot give rise to an interim order for retraction .

The fixed-date procedure may also be implemented by the first president of the Court of Appeal or by the pre-trial judge when exercising their powers in interim or provisional enforcement matters (Art. 917, para. 2, CPC).

When the appellant initiates the application but has not made a prior notice of appeal, they must, before the hearing, issue the notice in respect of the order of the first president (Art. 919, para. 1, CPC), with the copies intended for the respondents being returned to the appellant (Art. 919, para. 2, CPC). However, the application can also be submitted to the first president no later than eight days after the notice of appeal (Art. 919, para. 3, CPC) . In this case, the application does not have to be notified in advance to the opposing party . Irregularity of the application for setting the hearing date submitted more than eight days after the notice of appeal by the appellant to the first president can only be sanctioned by the latter's refusal  to authorize the fixed-date summons. It cannot be chammenged by the court of appeal, to whcich the order for setting the date is binding, unless retracted .

Cass. 2e civ., 25 February 2010, LawLex202400000057JBJ.

Cass. 2e civ., 7 April 2016, LawLex202400000455JBJ: the appeal of the orientation judgment must be filed according to the fixed-date procedure, and the application to have the day on which the case will be called by priority must be submitted no later than eight days after the notice of appeal, a time limit sanctioned by the inadmissibility of the appeal, noted ex officio; 22 September 2016, LawLex202400000457JBJ: the issuance of an order setting the date on which the case will be called, even within eight days of the notice of appeal as provided in Article 919 of the Code of Civil Procedure, does not exempt the appellant from first filing, within the allotted eight-day period after the notice of appeal, an application to be authorized to summon on a fixed date, under penalty of inadmissibility of the appeal.

Cass. 2e civ., 29 June 1988, LawLex202400000395JBJ.

Cass. com., 20 January 1998, LawLex202400000372JBJ; Cass. 2e civ., 15 April 2021, LawLex202300007735JBJ, specifying that when proceedings are validly initiated according to the fixed-date procedure, the first notice of appeal having been preceded or followed by a regular application for authorization to issue a writ of summons on a fixed date, which only aims to set the date of the hearing, the second notice of appeal, filed for the purpose of regularization by the appellant to include parties omitted in the first notice of appeal, does not require a new application to be submitted.

3. Proceedings before the Court of Appeal

27. Initiation of proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

27. Initiation of proceedings

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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