Article 374 of the French Code of civil procedure
November 8, 2023
The instance resumes in the state it was in when it was interrupted.
The instance resumes in the state it was in when it was interrupted.
If the party summoned to resume proceedings fails to appear, the procedure shall be as set out in Articles 471 et seq.
The interruption of proceedings does not relieve the judge of jurisdiction. The judge may invite the parties to inform him of their initiatives with a view to resuming the proceedings and strike out the case if they fail to do so within the time limit set by him. He may ask the public prosecutor to gather the information necessary for the resumption of proceedings. .
Apart from cases where the law so provides, proceedings are suspended by the decision which stays the proceedings, strikes out the case or orders its removal from the roll.
The stay decision suspends the course of the proceedings for the time or until the occurrence of the event it determines.
A stay of proceedings does not relieve the judge of jurisdiction. On expiry of the stay, the proceedings shall be continued on the initiative of the parties or at the instance of the judge, subject to the power to order a further stay if appropriate. The judge may, depending on the circumstances, revoke the stay or shorten the time limit.
The stay decision may be appealed with the permission of the first president of the court of appeal if there is a serious and legitimate reason. The party wishing to appeal shall refer the matter to the first president, who shall rule in accordance with the accelerated procedure on the merits. The summons must be issued within one month of the decision. If he grants the application, the first president…
A final stay decision may be appealed by way of cassation, but only for breach of the rule of law.
Removal from the register sanctions the parties’ failure to act diligently in accordance with the law. It removes the case from the list of pending cases. It is notified by simple letter to the parties and their representatives. This notification shall specify the failure to take due care penalised.
Withdrawal from the roll shall be ordered when all parties make a written and reasoned request.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
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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