Article 633 of the French Code of civil procedure
November 8, 2023
The admissibility of new claims is subject to the rules that apply before the court whose decision has been set aside.
The admissibility of new claims is subject to the rules that apply before the court whose decision has been set aside.
Parties who do not formulate new pleas or new claims are deemed to stand by the pleas and claims which they had submitted to the court whose decision has been quashed. The same applies to those who do not appear.
The intervention of third parties is subject to the same rules as apply before the court whose decision has been set aside.
Persons who, having been parties to the proceedings before the court whose decision has been quashed, have not been parties to the proceedings before the Cour de cassation may be called to the new proceedings or intervene in them voluntarily, where the quashing affects their rights.
Such persons may, subject to the same condition, take the initiative themselves to refer the matter to the referring court.
The case shall be re-adjudicated in fact and in law by the referring court excluding the counts not affected by the cassation.
The referring court shall rule on all costs incurred before the courts hearing the case, including those relating to the decision set aside.
The appeal provided for in Article 17 of Law no. 67-523 of 3 July 1967 is brought against a decision that has acquired the force of res judicata. It is lodged from the day on which the decision is no longer subject to appeal by the parties or from the day on which they have accepted or executed it. It may not be exercised after a period of five years…
The contested judgment retains its effects between the parties, even in respect of the heads that have been set aside.
The appeal provided for in Article 18 of Law no. 67-523 of 3 July 1967 shall be lodged by reasoned application by the Public Prosecutor, filed at the registry of the Cour de cassation; it shall be directed against the judicial act whose annulment is sought and which is attached to the application. This appeal may be lodged at any time within five years of the date on which the…
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75001, Paris France
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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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