Chapter VI: Referral to the Cour de cassation for an opinion.

When the judge intends to request the opinion of the Cour de cassation pursuant to article L. 441-1 of the Code de l’organisation judiciaire, it notifies the parties and the public prosecutor, failing which it is inadmissible. It shall collect any written observations they may have within the time limit it shall set, unless they have already concluded on this point. On receipt of the observations or on expiry of…

The decision requesting the opinion is sent, together with the submissions and any written observations, by the court registry to the registry of the Cour de cassation. It is notified, as well as the date of transmission of the file, to the parties by registered letter with acknowledgement of receipt. The public prosecutor at the court is notified as well as the first president of the court of appeal and…

The Court of Cassation shall give its opinion within three months of receipt of the file.

In matters where representation is compulsory, any observations of the parties must be signed by a lawyer at the Conseil d’Etat and the Cour de cassation.

The case is communicated to the public prosecutor at the Court of Cassation. The latter is informed of the date of the sitting.

The notice may mention that it will be published in the Official Journal of the French Republic.

The notice shall be sent to the court that requested it, to the public prosecutor at that court, to the first president of the court of appeal and to the public prosecutor where the request does not originate from the court. It shall be notified to the parties by the registry of the Cour de cassation.