Article 597 of the French Code of civil procedure
All parties to the contested judgment must be called to the review proceedings by the applicant, on pain of inadmissibility.
All parties to the contested judgment must be called to the review proceedings by the applicant, on pain of inadmissibility.
The application for review shall be made by summons. However, if it is directed against a judgment produced in the course of another proceeding between the same parties before the court from which the judgment emanates, the review shall be applied for in accordance with the forms laid down for the presentation of the grounds of defence.
If a party has appealed or declares that he intends to appeal for revision against a judgment produced in proceedings pending before a court other than that which gave it, the court hearing the case in which it is produced may, depending on the circumstances, disregard it or stay it until the application for revision has been decided by the court having jurisdiction.
The application for review shall be communicated to the Public Prosecutor’s Office. Where the application for review is made by summons, such communication shall be made by the applicant who shall be responsible, on pain of inadmissibility of his application, for denouncing such summons to the Public Prosecutor’s Office.
If the judge declares the appeal admissible, he shall rule on the merits of the dispute in the same judgment, unless there are grounds for further investigation.
If revision is justified only against one head of the judgment, that head alone shall be revised unless the others depend on it.
A party is not entitled to apply for revision of a judgment which it has already challenged by this route, except for a cause which would have come to light subsequently. The judgment which rules on the application for revision may not be challenged by this route.
The appeal in cassation seeks to have the Court of Cassation censure the non-conformity of the judgment it attacks with the rules of law.
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.
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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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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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