Introduction

Common provisions for proceedings with and without mandatory representation

Notice of appeal in cassation

Exchange of pleadings and documents

Proceedings with mandatory representation

Notice of appeal

Role of court clerk

Prerequisites

Review procedure

Judicial review in civil matters

Proceedings without mandatory representation

Concept of referral for opinion

Prerequisites for referral

Role of court seeking opinion of Court of Cassation

Role of the Court of Cassation

Procedure

Referral for opinion

Withdrawal

Recusal

Claim of forgery

Removal from the register

Cross-appeal (pourvoi incident)

Incidents

Concept of review (contrôle)

Extent of review

Grounds for appeal to the Court of Cassation

Review by Court of Cassation

Proceedings before the Court of Cassation

4. Proceedings before the Court of Cassation

Pursuant to Article 973 of the Code of Civil Procedure, “the parties are required, unless otherwise provided, to instruct counsel at the Council of State and the Court of Cassation” (para. 1) and “this instruction constitutes an election of domicile” (para. 2). Since no provision exempts the parties from the requirement of counsel at the Court of Cassation for appeals concerning the matter in question , or if the provision that provided for it has been repealed , the appeal filed without the intermediation of such a representative must be declared inadmissible . Also, the memorandum containing a priority preliminary ruling on the issue of constitutionality presented in connection with an appeal filed without the applicant having instructed counsel in a matter for which no special provision exempts from this requirement, is itself inadmissible . The rule that, before the Court of Cassation, the parties are required, unless otherwise provided, to instruct counsel at the Council of State and the Court of Cassation, does not in any way infringe upon the rights defined by the European Convention on Human Rights and Fundamental Freedoms .

Cass. 1re civ., 25 February 1981, LawLex202400002030JBJ: for appeals concerning the protection regimes applicable to adults; 2 December 1992, LawLex202400002031JBJ: a party cannot appeal to the Court of Cassation by a letter addressed to the registry of a tribunal de grande instance (now Judicial Court) against a judgment of this court declaring inadmissible its application for annulment of a protective custody measure by medical declaration registered at the Public Prosecutor's Office, as this is a case where the parties are not exempted by law from instructing counsel at the Court of Cassation, so its appeal was not properly filed; 25 May 1987, LawLex202400002029JBJ: appeal against a decision of a court of appeal rejecting its request to be recognized as having French nationality; 20 March 1991, LawLex202400002074JBJ: a prefect cannot appeal to the Court of Cassation without instructing counsel against an order of the first president of the court of appeal, ruling on the detention of a foreigner, as in this matter no special provision exempts from the requirement of counsel; Cass. 2e civ., 28 June 1995, LawLex202400002024JBJ: appeal by registered letter addressed to the registry of a court of appeal against an order made in tax matters by the first president of this court, as this is not a case where the parties are exempted by law from instructing counsel at the Council of State and the Court of Cassation, so the declaration does not constitute an appeal; 9 December 1999, LawLex202400002022JBJ: a party cannot declare, by letter delivered to the registry of a tribunal d'instance (now judicial court), an appeal to the Court of Cassation against a judgment of this court rendered in the last resort, ruling on defamation and insults, since the law of 29 July 1881 does not exempt the complainant, who chose to bring their action before the civil court, from the requirement of counsel at the Conseil d'Etat and the Court of Cassation; Cass. com., 8 January 2008, LawLex202400001369JBJ: a party cannot, by declaration registered at the registry of a court of appeal, appeal to the Court of Cassation against an order made by the first president of this court who decided not to suspend the provisional enforcement of the judgment pronouncing its judicial liquidation, as this is a matter where the parties are not exempted by law from instructing counsel at the Council of State and the Court of Cassation; Cass. 3e civ., 10 September 2008, LawLex202400002141JBJ: in matters of expropriation, the appeal and the procedure before the Court of Cassation are governed by Articles 612 and 973 et seq. of the Code of Civil Procedure, so the appeal, registered under number A0719601 and filed at the registry of the Court of Cassation by counsel, within the allotted time, is admissible; Cass. 1re civ., 30 October 2013, LawLex202400001375JBJ: a lawyer who appealed to the Court of Cassation against a decision ruling on her appeals against two ordinal decisions, one for omission from the roll, the other for lifting of this measure, according to the forms provided in matters without mandatory representation, notwithstanding the mention in the notification letter of this decision that the appeal had to be filed by counsel at the Court of Cassation, must have her appeal declared inadmissible since no legal or regulatory provision exempts from this requirement appeals filed in matters of omission or refusal of omission from the roll, subject to the same remedies as in matters of registration.

Cass. soc., 14 May 2008, LawLex202400002072JBJ: since Article 39 of Decree No 2004-836 of 20 August 2004 repealed Article R. 517-10 of the Labor Code, which provided that in labor matters the appeal to the Court of Cassation was filed, instructed, and judged according to the procedure without mandatory representation, the appeal filed without the legal capacity of a lawyer at the Council of State and the Court of Cassation in this matter is inadmissible.

Cass. 1re civ., 21 October 1980, LawLex202400002033JBJ; Cass. com., 12 November 1985, LawLex202400002134JBJ; Cass. 2e civ., 25 January 1989, LawLex202400001466JBJ: a party cannot appeal to the Court of Cassation by a letter addressed to the registry of the Court of Cassation against a judgment dismissing their opposition to an order for payment, as no legal provision exempts appeals in such matters from the requirement of representation by counsel at the Council of State and the Court of Cassation; Cass. 1re civ., 18 February 2015, LawLex202400001373JBJ: before the Court of Cassation, parties are required to instruct counsel at the Council of State and the Court of Cassation, as no special provision exempts the appeal against the contested decision from the requirement of representation by counsel at the Council of State and the Court of Cassation.

Cass. 1re civ., 4 November 2011, LawLex202400002137JBJ.

Cass. 2e civ., 26 November 1990, LawLex202400001374JBJ; Cass. 1re civ., 10 May 2000, LawLex202200008293JBJ.

Procedure with mandatory representation

5. Procedure with mandatory representation