Chapter V: Judgments of the Cour de cassation

In all cases where the Cour de cassation is authorised to choose a court or tribunal for the judgment of a case referred, such choice may only result from a special deliberation taken immediately in the Council Chamber; express mention thereof shall be made in the judgment. .

A copy of the judgment admitting the application for judicial review and ordering referral to a new court shall be delivered to the public prosecutor at the Cour de cassation within three days. This copy shall be sent, together with the record of the proceedings, to the magistrate responsible for the public prosecutor’s office at the referring court or tribunal. The parties shall be notified of the judgment of the…

Where a judgment or ruling is set aside for breach of the essential procedural requirements prescribed by law, a copy of the decision shall be forwarded to the Minister of Justice.

The judgment which has dismissed the application for judicial review, or has pronounced the judicial review without referral, shall be delivered, within three days, to the Public Prosecutor at the Court of Cassation, by extract signed by the court clerk, which extract shall be sent to the magistrate in charge of the public prosecution at the Court or tribunal which handed down the contested judgment or ruling. It shall be…

Where an application for judicial review has been dismissed, the party who lodged it may no longer appeal to the Court of Cassation against the same judgment or ruling, on any pretext or by any means whatsoever.

Where an application for judicial review lodged by the person prosecuted or by the civil party has been dismissed, the court may order the applicant to pay to the other party the sum it determines, in respect of costs not paid by the State and incurred by the latter. The parties may produce evidence of the sums they claim and the court shall take into account the equity or economic…

Where, after cassation of a first judgment or ruling given at last instance, the second judgment or ruling given in the same case, between the same parties, proceeding in the same capacity, is challenged on the same grounds, the case shall be brought before the full court in the forms provided for by the Articles L. 431-6 to L. 431-10 of the Code de l’organisation judiciaire.