Book I: Provisions common to all courts

In the event of cassation followed by referral of the case to a court, that court shall be designated and shall rule, where appropriate, in accordance with Article L. 431-4 of the Code of Judicial Organisation.

The Cour de cassation may quash without referring the case in the cases and under the conditions provided for by article L. 411-3 of the Code of Judicial Organisation.

A plaintiff in cassation who is unsuccessful in his appeal or whose appeal is not admitted may, in the event of an appeal deemed to be abusive, be ordered to pay a civil fine of not more than 10,000 euros and, within the same limits, to pay compensation to the defendant.

Without prejudice to the application of the provisions of Article 700, the Cour de cassation may award all or part of the costs against a party other than the unsuccessful party.

The judgment entails compulsory execution for payment of the fine, compensation and costs.

Before the referring court, the investigation is resumed in the state of the proceedings not affected by the cassation.

The parties may put forward new pleas in support of their claims.

The admissibility of new claims is subject to the rules that apply before the court whose decision has been set aside.

Parties who do not formulate new pleas or new claims are deemed to stand by the pleas and claims which they had submitted to the court whose decision has been quashed. The same applies to those who do not appear.

The intervention of third parties is subject to the same rules as apply before the court whose decision has been set aside.