Where the statement of appeal does not contain a statement, even a summary statement, of the grounds of appeal relied on against the contested decision, the appellant must, on pain of inadmissibility pronounced ex officio, send to the registry of the Cour de cassation, no later than one month from the date of the statement, a factum containing such a statement. This factum may be drawn up by the party’s…
Where a pleading is produced by the plaintiff, the latter must, on pain of inadmissibility pronounced ex officio, notify, within one month of the declaration, a copy to the defendant by registered letter with acknowledgement of receipt.
The respondent to the appeal shall have a period of fifteen days from notification of the appellant’s statement of case or from the expiry of the one-month period provided for in Article 1004 to deliver a statement in response against a receipt, or send it by registered letter, to the registry of the Cour de cassation. Within the same time limit, it shall notify the claimant, by registered letter, of…
If a lawyer at the Conseil d’Etat and the Cour de Cassation has declared to the clerk’s office that he is representing a party, the notification provided for in Article 1005 or to Article 1006 may be made to that lawyer, where appropriate, by notification between lawyers. The delivery to the lawyer, against a receipt, of a copy of the pleading, bearing the date stamp of the court registry, is…
If the statement of appeal has been made in the form of the procedure with compulsory representation, the appeal is nonetheless admissible regardless of the procedure subsequently followed, paragraph 1 of article 1004 nevertheless remains applicable. The defendant is not required to be represented by a lawyer at the Conseil d’Etat and the Cour de cassation.
The First President, or his delegate, at the request of one of the parties or of his own motion, may, after obtaining the opinion of the Public Prosecutor, reduce the time limits laid down for the filing of pleadings and exhibits. In such a case, the President of the competent panel shall set the date of the hearing as soon as the rapporteur or rapporteurs have been appointed.
In matters other than those where the appeal prevents the execution of the contested decision, the First President or his delegate shall decide, at the request of the defendant and after obtaining the opinion of the Public Prosecutor and the observations of the parties, to strike out a case where the plaintiff does not prove that he has executed the decision appealed against, unless it appears to him that execution…
The limitation period shall run from the date of notification of the decision ordering the striking off. It shall be interrupted by an act unequivocally expressing the intention to enforce. The First President or his delegate may, even of his own motion, after inviting the parties to present their observations, declare the lapse of time.
The first president or his delegate shall, unless he finds that the case has lapsed, authorise the case to be reinstated on the court’s roll on proof that the contested decision has been enforced. The time limits imposed on the defendant by the articles 982 and 991 shall run from the date of notification of the case’s reinstatement on the roll.
The cross-appeal, even if provoked, must, on pain of inadmissibility pronounced ex officio, be made in the form of a factum and contain the same particulars as the plaintiff’s factum. The factum must, under the same penalty: – be delivered to the registry of the Cour de cassation before the expiry of the time-limit laid down for the delivery of the factum in reply; – be served within the same…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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