The appeal provided for in Article 17 of Law no. 67-523 of 3 July 1967 is brought against a decision that has acquired the force of res judicata.
It is lodged from the day on which the decision is no longer subject to appeal by the parties or from the day on which they have accepted or executed it. It may not be exercised after a period of five years from the date on which the decision was handed down.
The Public Prosecutor at the Cour de Cassation may, with a view to referring a judgment to the Court in the interest of the law, request the Public Prosecutor at the court that handed down the judgment to have it notified to the parties. The notification is made by the court registry by registered letter with acknowledgement of receipt.
The appeal is lodged by reasoned application, filed at the registry of the Cour de cassation; it is directed against the grounds or the operative part of the judgment whose cassation is sought and which is attached to the application.
The parties are notified, by any means, by the registrar, of the appeal of the public prosecutor and that they are eligible to make written observations within a period of two months from this notification. The appointment of a lawyer to the Conseil d’Etat and the Cour de cassation is not compulsory.