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 L. 452-2 of the Code of Judicial Organization, a review may be sought, on the one hand, by the interested party or, in the event of incapacity, by their legal representative (1°) and, on the other, after the death or declared absence of the interested party, by their spouse, partner bound by a civil union, cohabitant, children, parents, grandchildren or great-grandchildren, or  …

Filing an application for review

Pursuant to Article L. 452-2 of the Code of Judicial Organization, a review may be sought, on the one hand, by the interested party or, in the event of incapacity, by their legal representative (1°) and, on the other, after the death or declared absence of the interested party, by their spouse, partner bound by a civil union, cohabitant, children, parents, grandchildren or great-grandchildren, or their universal or universal title legatees (2°).

According to Article L. 452-3, para. 1, “the application for review is addressed to the review court.” This is a specific jurisdiction, composed of thirteen judges from the Court of Cassation. Among these judges, the senior president of the chamber presides over the review court. The twelve other judges are appointed by the general assembly of the Court of Cassation for a term of three years, renewable once. Article L. 452-3, para. 2, of the same code specifies that “each chamber of the Court of Cassation is represented by two of its members.” Furthermore, paragraph 3 provides for the appointment of twelve substitute judges under the same conditions and the most senior chamber president after the senior president of the chamber as a substitute for the latter.

Pursuant to Article L. 452-5, para. 1, of the same code, “the State prosecution service (parquet général) attached to  the Court of Cassation performs the functions of public prosecutor before the bench formation.”

Finally, to ensure the impartiality of the members composing the review court, “judges who, in the case submitted to the review court, have either performed the functions of the Public Prosecutor's Office or participated in a decision on the merits within other courts, cannot sit on the judgment panel or perform the functions of the Public Prosecutor” (Art. L. 452-5, para. 2, COJ).

4. Proceedings before the Court of Cassation

13. Filing an application for review

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Les notions juridiques connexes

13. Filing an application for review

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Les notions juridiques connexes

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