Title VIII: Provisions specific to the courts of appeal after cassation.

The referring court shall be seised by a declaration made at the registry of that court. Where the referring court is seised by the Public Prosecutor, the declaration shall be made by the person exercising that function before the said court, where appropriate at the request of the person exercising that function before the court whose decision has been quashed.

The declaration shall contain the particulars required for the document instituting proceedings before that court; a copy of the judgment of cassation shall be annexed to it.

Unless the case has been referred to the referring court without prior notification, the statement must, on pain of inadmissibility being raised of its own motion, be made before the expiry of a period of two months from the date of notification of the judgment of cassation to the party. This time limit shall run even against the party giving notice. The absence of a declaration within the time limit…

The act of notification of the judgment of cassation must, on pain of nullity, indicate very clearly the time limit mentioned in the first paragraph of article 1034 and the procedures by which the case may be referred to the referring court.

The registrar of the referring court shall forthwith send, by simple letter, to each of the parties to the cassation proceedings, a copy of the declaration with, if applicable, an indication of the obligation to constitute a lawyer. In the event of non-appearance, the defaulting parties are summoned in the same way as defendants are summoned before the court from which the quashed decision emanates.

The registrar of the referring court shall, without delay, request the registry of the court whose decision has been quashed to provide him with the case file. The registrar of the referring court shall, without delay, request the registry of the court whose decision has been quashed to provide him with the case file.

In the event of referral back to the Court of Appeal, where the case was covered by the ordinary procedure, it shall be fixed within a short time under the conditions of Article 905. In this case, the provisions of article 1036 do not apply. The statement of referral shall be served by its author on the other parties to the proceedings which gave rise to the cassation within ten…