Article 394 of the French Code of civil procedure
November 8, 2023
The claimant may, in any matter, withdraw his claim with a view to terminating the proceedings.
The claimant may, in any matter, withdraw his claim with a view to terminating the proceedings.
The discontinuance is perfected only by the defendant’s acceptance. However, acceptance is not necessary if the defendant has not presented any defence on the merits or plea of inadmissibility at the time the plaintiff withdraws.
The judge shall declare the withdrawal perfect if the defendant’s non-acceptance is not based on any legitimate reason.
Withdrawal is express or implied; the same applies to acceptance.
Withdrawal of proceedings does not entail renunciation of the action, but only extinction of the proceedings.
Withdrawal entails, unless otherwise agreed, submission to pay the costs of the extinguished proceedings.
Withdrawal of the appeal or opposition is permitted in all matters, unless otherwise provided.
The withdrawal of the appeal need only be accepted if it contains reservations or if the party in respect of whom it is made has previously lodged a cross-appeal or incidental claim.
Withdrawal of opposition need only be accepted if the original applicant has previously made an additional application.
Withdrawal of the appeal entails acquiescence in the judgment. It is null and void if, subsequently, another party itself regularly lodges an appeal.
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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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