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

In principle, in contentious matters before the Court of Appeal, the parties are required, unless otherwise provided, to instruct counsel (Art. 899 CPC). In other words, a special provision must stipulate that the procedure before the Court of Appeal follows the procedure without mandatory representation governed by Articles 931 to 949 of the same code. Therefore, an appeal filed according to the rules of the non-mandatory procedure when no provision provides for it must be declared inadmissible .

The appeal of decisions from the joint court (Art. 892, CPC), for appeals in matters of social security disputes and disputes regarding admission to social assistance (Art. R. 142-11, CSS), judgments ruling exclusively on jurisdiction (Art. 85, CPC), or arbitration decisions rendered by the bar president for the resolution of disputes between lawyers in their professional practice fall under proceedings without mandatory representation .

In this case, the parties defend themselves but may be assisted or represented according to the rules applicable before the court from which the judgment originates; the representative, if not a lawyer, must provide proof of a special power (Art. 931 CPC) . This is not the case for the general mandate of representation in court before the labor tribunal alone, which the representative of the concerned employees held and which did not include the power to appeal . Similarly, the legal director of a company who, at the date of the appeal, is neither its legal representative nor holds a special power, cannot file an appeal . However, the substantive irregularity arising from the lack of special power of the representative of a party in court can be rectified until the judge rules .

Cass. soc., 15 April 2015, LawLex202400000892JBJ.

Arbitration decisions of the bar president fall under contentious proceedings without mandatory representation, Cass. 1re civ., 9 June 2017, LawLex202400000358JBJ. However, in the absence of provisions providing for special appeal and referral procedures by Article 14 of Law No 71-1130 of 31 December 1971, to Article 16 of Decree No 91-1197 of 27 November 1991, applicable to decisions of the bar council or the bar president, the appeal against decisions of the regional center for professional training of lawyers must be filed, instructed, and judged as a civil appeal, in accordance with the provisions of Article 277 of this decree, so that the procedure with mandatory representation is solely applicable, Cass. 1re civ., 23 November 2022, LawLex202400000891JBJ.

Cass. soc., 20 October 1988, LawLex202400000906JBJ.

Cass. soc., 2 December 2008, LawLex202400000911JBJ.

Cass. soc., 26 January 2016, LawLex202400000907JBJ.

33. Proceedings without mandatory representation