Chapter III: The appeal in cassation.

Cassation may be total or partial. It is partial when it affects only certain heads that can be dissociated from the others.

The scope of the cassation is determined by the operative part of the judgment that pronounces it. It also extends to all the provisions of the judgment quashed that have a link of indivisibility or necessary dependence.

It entails, without there being any need for a new decision, the annulment by consequence of any decision which is the consequence, application or execution of the judgment set aside or which is connected to it by a link of necessary dependence. If so requested, the Court may, in the operative part of the judgment of cassation, rule that the parties whose presence before the referring court is no longer…

In the event of cassation followed by referral of the case to a court, that court shall be designated and shall rule, where appropriate, in accordance with Article L. 431-4 of the Code of Judicial Organisation.

The Cour de cassation may quash without referring the case in the cases and under the conditions provided for by article L. 411-3 of the Code of Judicial Organisation.

A plaintiff in cassation who is unsuccessful in his appeal or whose appeal is not admitted may, in the event of an appeal deemed to be abusive, be ordered to pay a civil fine of not more than 10,000 euros and, within the same limits, to pay compensation to the defendant.

Without prejudice to the application of the provisions of Article 700, the Cour de cassation may award all or part of the costs against a party other than the unsuccessful party.

The judgment entails compulsory execution for payment of the fine, compensation and costs.

Before the referring court, the investigation is resumed in the state of the proceedings not affected by the cassation.

The parties may put forward new pleas in support of their claims.