Title VII: Provisions specific to the Cour de cassation.

The application for review shall be made by declaration to the registry of the Cour de cassation. It shall be preceded by service on the defendants to the review of the decisions referred to in 4° and 5° of Article 1031-9.

The application for review shall contain, on pain of nullity: 1° For the applicants: an indication of their surnames, forenames and domicile. Where the interested party is deceased or declared absent, the applicant must indicate the surname and forenames as well as the date of death or declared absence and specify the capacity in which he or she relies on; 2° For defendants who are natural persons: the indication of…

The declaration shall be delivered to the court registry in as many copies as there are defendants, plus two. The delivery shall be recorded by mention of its date and the visa of the court registrar on each copy, one of which shall be returned immediately.

The Registrar immediately sends the defendant a copy of the statement by ordinary letter with the indication that he must, if he intends to defend the review, constitute a lawyer at the Conseil d’Etat and the Cour de cassation. If the letter of notification is returned to the registry, the Registrar of the Cour de cassation immediately notifies the lawyer of the applicant for review so that he can proceed…

On pain of forfeiture established, if necessary ex officio, by order of the president of the court of review, the applicant for review must, at the latest within two months of the declaration at the registry, submit to the registry of the court of review a brief containing the pleas in law relied on in support of the application for review. The pleading must, under the same penalty, be notified…

On pain of inadmissibility of the application for review, the following must be submitted to the registry within the time limit for filing the statement of case: 1° A copy of the decisions referred to in 4° and 5° of Article 1031-9 ; 2° A copy of the service of these decisions on the defendants to the review. In the event of incomplete or materially incorrect transmission of any of…

The applicant must also attach the documents relied on in support of the application for review and a copy of the last written submissions filed by the parties to the review before the court from which the contested decision emanates and before the European Court of Human Rights. Where the contested decision emanates from the Cour de Cassation, it shall also attach the last submissions made before the court hearing…

If the defendant to the review has not constituted a lawyer, service is made on the party himself. The document of service indicates to the defendant that he must, if he intends to defend the application for review, constitute a lawyer at the Conseil d’Etat and the Cour de cassation. This document also specifies the time limit within which the defendant must submit his response to the registry.

On pain of inadmissibility pronounced ex officio, the defendant to the review shall have a period of two months from service of the applicant’s statement of case to submit to the clerk’s office of the Cour de cassation a statement in response signed by a lawyer at the Conseil d’Etat and at the Cour de cassation and to notify it to the applicant’s lawyer in the form of notifications between…