Title VII: Provisions specific to the Cour de cassation.

The provisions of this chapter apply to appeals lodged in matters for which a special provision exempts the parties from the ministry of a lawyer at the Conseil d’Etat and the Cour de cassation.

An appeal in cassation shall be lodged by a written statement which the party or any agent with special authority shall deliver or send by registered letter with acknowledgement of receipt to the Registry of the Cour de cassation.

The statement of appeal shall contain, on pain of nullity: 1° For natural person plaintiffs: an indication of their surname, first names and domicile; For legal person plaintiffs: an indication of their form, name and registered office and, in the case of administrative or judicial authorities, an indication of their name and the place where they are established; 2° For natural person defendants: an indication of the surname, forenames and…

The Registrar shall register the appeal. He shall mention the date on which it is lodged and shall deliver, or send by registered letter with acknowledgement of receipt, a receipt of the declaration, which shall reproduce the content of Articles 989 and 994.

The court clerk shall immediately send the defendant a copy of the declaration by registered letter with acknowledgement of receipt. This notification reproduces the content of the articles 991 and 994. The court clerk shall simultaneously request the file to be sent to the registry of the court that handed down the contested decision.

The registrar of the court which handed down the contested decision shall without delay transmit to the registry of the Cour de cassation the case file to which shall be attached: – a copy of the contested decision and of its notification documents; – a copy of the decision upheld or set aside by the contested decision; – the submissions at first instance and on appeal if any have been…

Where the statement of appeal does not contain a statement, even a summary statement, of the grounds of appeal against the contested decision, the appellant must, on pain of forfeiture established by order of the first president or his delegate, send to the registry of the Cour de cassation, no later than three months from the delivery or receipt of the receipt for the statement of appeal, a factum containing…

Where a statement of case is produced by the plaintiff, the Registrar of the Court of Cassation shall without delay notify a copy to the defendant by registered letter with acknowledgement of receipt.

The respondent to the appeal has a period of two months from notification of the appellant’s statement of case or from the expiry of the three-month period provided for in Article 989 to submit a statement in response against a receipt, or to send a statement in response by registered letter, to the clerk’s office of the Cour de cassation and to lodge a cross-appeal, if appropriate.