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

Appeal is available against decisions rendered in non-contentious matters by the trial court. As before the trial court, an appeal in non-contentious matters presupposes the absence of a dispute between the parties. The Court of Cassation has specified that the court rules in non-contentious matters when, in the absence of a dispute, it is seized of an application that the law requires, due to the nature of the matter or the status of the applicant, to be submitted to its review . This absence of dispute is required at the initiation of the proceedings as well as during their conduct.

In non-contentious matters, the appeal is admissible even in the absence of other parties .

Article 543 of the Code of Civil Procedure, which defines the right to appeal, specifies that it concerns all matters, even non-contentious ones, unless the law provides otherwise. While non-contentious decisions are subject to appeal, this is not the case for decisions that do not have a judicial nature, such as in the matter of a judicial contract formed between the parties. Thus, the formation of a judicial contract between the parties on the points constituting the dispute prevents one of the parties to the judgment endorsing this contract from filing an appeal, which must be considered inadmissible .

Are notably subject to appeal in non-contentious matters, the orders issued in contentious matters relating to registrations in the commercial and companies register by the judge responsible for overseeing this register , the appointment by the court of an ad hoc representative responsible for pursuing ongoing proceedings when the bodies of the insolvency proceedings have ceased their functions , the orders of the competent judge refusing to approve the agreement resulting from mediation, conciliation, a settlement, or a participatory procedure (Art. 1566 and 1567 CPC).

Cass. com., 9 June 1998, LawLex202100001736JBJ

Cass. 1re civ., 13 May 2018, LawLex202400009933JBJ.

Cass. 2e civ., 28 November 1973, LawLex202300014488JBJ.

Cass. 2e civ., 16 July 1992, LawLex202200009848JBJ.

Cass. com., 9 June 1998, LawLex202100001736JBJ.

39. No dispute