Section 2: Legal proceedings

The time limit for bringing an action against the Office before the Paris Court of Appeal is two months. This period runs from the date of notification by registered letter with acknowledgement of receipt of the offer of compensation or the rejection of the claim. In the absence of an offer or rejection of the claim, the starting point of the time limit is the expiry of a period of…

The notification of the offer of compensation or of the rejection of the claim by the Office shall state the time limit for taking action and the procedures for bringing the action before the Paris Court of Appeal.

Notwithstanding the provisions of Title VI of Book II of the Code of Civil Procedure, actions brought before the Paris Court of Appeal against the Office are initiated, investigated and judged in accordance with the provisions of articles R. 3122-11 to R. 3122-19.

The request is made by written declaration delivered in duplicate against a receipt to the registry of the Court of Appeal or sent to the same registry by registered letter with acknowledgement of receipt. The declaration must state the surname, first name and address of the applicant and the purpose of the application. Where the statement of claim does not contain a statement of the grounds on which the claim…

The statement or statement of reasons provided for in article R. 3122-11 shall include a list of the supporting documents produced. The exhibits and documents are submitted to the registry of the court of appeal at the same time as the statement of claim or statement of reasons. Where applicable, a copy of the offer of compensation or of the rejection of the claim is attached to the statement.

As soon as the formalities have been completed by the applicant, the clerk’s office of the court of appeal will send the Office, by registered letter with acknowledgement of receipt, a copy of the declaration and, where applicable, of the statement of reasons provided for in article R. 3122-11. Within one month of this notification, the Office will forward the file to the registry of the Court of Appeal.

The First President of the Court of Appeal or his delegate shall set the time limits within which the parties to the proceedings must communicate their written observations to each other and file a copy thereof at the Court Registry. He shall also set the date for the hearing. The court registry notifies the parties of these time limits and invites them to the hearing scheduled for the debates by…

The parties may be assisted or represented by a lawyer.

Notifications between parties are made by registered letter with acknowledgement of receipt or by direct notification between lawyers.

Hearings take place in chambers.