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 civil matters, the first president rules in interim proceedings or on ex parte application (sur requête) (Art. L. 311-7 COJ). The article adds that in cases provided for by law or regulation, they rule according to the expedited procedure on the merits.

Several provisions of the Code of Civil Procedure grant it jurisdiction to rule outside those specifically dedicated to it in Articles 956 and following. Thus, it hears appeals against judgments ruling exclusively on jurisdiction (Art. 84 CPC), immediate appeals against decisions ordering an expert assessment (Art. 272 CPC), applications for disqualification or referral due to legitimate suspicion (Art. 344 CPC), applications for authorization of proceedings for liability (Art. 366-1 CPC), applications for a stay of judgment (Art. 380 CPC) or suspension of provisional enforcement of the decision when there is a serious ground for annulment or modification and the enforcement risks causing manifestly excessive consequences (Art. 514-3 and 517-1 CPC) or its reinstatement (Art. 514-4 and 517-2 CPC), or appeals against the taxation order (Art. 714 CPC). It also has jurisdiction over the lifting of foreclosure (Art. 540 CPC), disputes related to the remuneration of technicians (Art. 724 CPC), the designation of the chamber to which the case is assigned (Art. 904 CPC), and the fixed-date procedure (Art. 917 et seq. and 948 CPC).

Definition

41. Definition