If the appeal has been lodged in accordance with the rules of procedure with compulsory representation, it is nonetheless admissible regardless of the procedure subsequently followed. The defendant is not required to be represented by a lawyer at the Conseil d’Etat and the Cour de cassation.
The provisions specific to appeals on points of law are those of the following articles of the Electoral Code: Art. R. 19-1 .-An appeal on points of law shall be lodged within ten days of notification of the decision of the judicial court. In all cases, the prefect is entitled to lodge the appeal. It does not have suspensive effect. Art. R. 19-2 -An appeal is lodged by means of…
The time limit for lodging an appeal to the Supreme Court is ten days unless otherwise provided. The appeal shall be lodged by an oral or written statement which the party, or any agent with a special power of attorney, shall make, deliver or send by registered post to the registry of the court which handed down the contested decision.
In addition to the particulars prescribed by 2° and 3° of Article 54 and by the third paragraph of Article 57, the statement designates the contested decision.
The Registrar shall register the appeal. He shall mention the date on which it is lodged and shall issue, or send by ordinary letter, a receipt for the declaration, which shall reproduce the content of Articles 1004 and 1005.
The Registrar shall forthwith send the defendant a copy of the declaration by registered letter with acknowledgement of receipt. This notification reproduces the content of Article 1006.
The Registrar shall transmit to the Registry of the Court of Cassation the case file together with: -a copy of the statement; -a copy of the contested decision. He shall immediately forward to the clerk’s office of the Court of Cassation any documents that he may subsequently receive.
Where the statement of appeal does not contain a statement, even a summary statement, of the grounds of appeal relied on against the contested decision, the appellant must, on pain of inadmissibility pronounced ex officio, send to the registry of the Cour de cassation, no later than one month from the date of the statement, a factum containing such a statement. This factum may be drawn up by the party’s…
Where a pleading is produced by the plaintiff, the latter must, on pain of inadmissibility pronounced ex officio, notify, within one month of the declaration, a copy to the defendant by registered letter with acknowledgement of receipt.
The respondent to the appeal shall have a period of fifteen days from notification of the appellant’s statement of case or from the expiry of the one-month period provided for in Article 1004 to deliver a statement in response against a receipt, or send it by registered letter, to the registry of the Cour de cassation. Within the same time limit, it shall notify the claimant, by registered letter, of…
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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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