Article 605 of the French Code of civil procedure
An appeal in cassation is only available against judgments handed down at last instance.
Home | French Legislation Articles | French Code of civil procedure | Book I: Provisions common to all courts | Title XVI: Appeals. | Sub-title III: Extraordinary remedies. | Chapter III: The appeal in cassation. | Section I: Initiation of the appeal in cassation.
An appeal in cassation is only available against judgments handed down at last instance.
Final judgments which rule on part of the main proceedings and order an investigative measure or a provisional measure may be appealed to the Court of Cassation in the same way as final judgments ruling on the main proceedings as a whole.
An appeal in cassation may also be lodged against final judgments which, ruling on a procedural objection, a plea of no contest or any other incident, put an end to the proceedings.
An appeal in cassation may also be lodged against a judgment by which the court of appeal rules on jurisdiction without ruling on the substance of the dispute.
Except in cases specified by law, other final judgments may not be appealed to the Court of Cassation independently of judgments on the merits. The appeal may be lodged by the plaintiff within the time limit for submission to the registry of the brief relating to the appeal against the judgment on the merits.
Any party who has an interest may appeal to the Court of Cassation even if the provision that is unfavourable to him does not benefit his opponent.
In non-contentious matters, the appeal is admissible even in the absence of an adversary.
In contentious matters, an appeal is admissible even where a conviction has been handed down in favour of or against a person who was not a party to the proceedings.
The time limit for appealing to the Court of Cassation is two months, unless otherwise provided.
In respect of decisions by default, an appeal may only be lodged by the defaulting party from the day on which its opposition is no longer admissible.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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