Key Benefits:
Publics concerned: magistrates, clerks of appeals and the Court of Cassation, clerks in chiefs, lawyers, lawyers at the Council of State and the Court of Cassation and individuals.
Subject: adaptation of the civil procedure applicable to the Court of Cassation, admissibility of the appeal, effect of the appeal, appeal by the Attorney General to the Court of Cassation, procedure with compulsory representation, procedure without compulsory representation, provisions common to the civil procedure applicable to the Court of Cassation, judicial experts.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree responds to difficulties in interpreting the texts in force and improves the effectiveness of the cassation procedure. It closes the way of the appeal, under certain conditions, with respect to the stay of statue or provisional execution, and opens it immediately against the decision that determines jurisdiction without deciding the merits. It also specifies the conditions for the extension of the appeal to the decision rendered before right, removes the obligation of service of the appealed decision and simplifies the appeal against a default ruling. In addition, as part of the legal appeal, it sets a time frame for the prosecution and allows the parties to make written submissions. In addition, the Committee provides that where the trial is considering a cassation without reference, the parties are invited to give their opinion. Finally, it clarifies the procedural provisions allowing the Court of Cassation to render an unreasonable decision when the appeal in cassation, or part of the means it raises, is inadmissible or is manifestly not likely to result in cassation.
References: the provisions of Code of Civil Procedure and Decree No. 2004-1463 of 23 December 2004 Amended by this decree can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le Code of Civil Procedure ;
Vu le Code of Civil Enforcement Procedures ;
Vu la Act No. 67-523 of 3 July 1967 relating to the Court of Cassation, including articles 17 and 18;
Vu le Decree No. 2004-1463 of 23 December 2004 concerning judicial experts;
The State Council (inland section) heard,
Decrete:
The Code of Civil Procedure is amended in accordance with Articles 2 to 22 of this Decree.
The third paragraph of Article 380 is as follows:
"If the request is received, the first president shall, by an unsusceptible decision to appeal, fix the day on which the case is examined by the court, which is seized and shall rule as in the matter of fixed-day proceedings or as stated in article 948, as the case may be. »
I. - In section 523, the reference: "526" is replaced by the reference: "525-1".
II. - In sections 524, 525 and 525-1, the words "referred" are deleted.
After 525-1 is inserted an article 525-2 as follows:
"Art. 525-2. - When it is seized under articles 524, 525 and 525-1, the first president shall rule in reference by a decision not subject to appeal. »
After article 607 is inserted an article 607-1 as follows:
"Art. 607-1.-May also be subjected to appeal in cassation the decision by which the Court of Appeal decides on jurisdiction without ruling on the merits of the dispute. »
Section 608 is replaced by the following:
"Art. 608. -When the cases specified by law, the other final judgments cannot be appealed in cassation independently of the judgements on the merits. The appeal may be filed by the applicant within the time limit for the submission to the Registry of the case against the judgment on the merits."
Section 611-1 is repealed.
Section 613 is replaced by the following:
"Art. 613.-In respect of the default decisions, the appeal can only be formed by the failed party from the day its opposition is no longer admissible. »
Section 616 is amended as follows:
1° The words: "Articles 463 and 464" are replaced by the words: "Article 463";
2° The words: "in the cases provided by these articles" are replaced by the words: "in the case provided by this article".
Section 618-1 is repealed.
Section 624 is replaced by the following:
"Art. 624.-The scope of the cassation is determined by the device of the judgment which pronounces it. It also extends to all the provisions of the broken judgment having a necessary indivisibility or dependency link. »
Article 625 is supplemented by a paragraph to read:
"If required, the Court may, in the case of a cassation order, decide to dismiss the parties whose presence before the court of reference is no longer necessary to resolve the dispute. »
In chapter III of Book I, title XVI, subtitle III, it is added to section III, as follows:
“Section III
“The Attorney General’s appeal to the Court of Cassation
"Art. 639-1.-The foreseeance provided for atArticle 17 of Act No. 67-523 of 3 July 1967 is filed against a decision that has acquired the force of judgment.
"It is filed from the day the decision is no longer subject to appeal by the parties or the day the parties accepted or executed it. It may not be exercised beyond a five-year period from the date of the decision.
"The Attorney General near the Court of Cassation may, in order to make a judgment in the interest of the law, invite the Public Prosecutor to the court which has rendered the judgment to notify the parties. The notification shall be made by the secretariat of the jurisdiction by registered letter with request for notice of receipt.
"The appeal is filed by a reasoned request filed at the Registry of the Court of Cassation; it is directed against the grounds or device of the judgment whose cassation is requested and which is attached to the request.
"The parties are advised, by any means, by the Registrar of the Attorney General's appeal and are entitled to make written submissions within two months of this notice. The constitution of a lawyer in the State Council and the Court of Cassation is not mandatory.
"Art. 639-2.-The judgment under attack retains its effect between the parties, even on the cancelled chiefs.
"Art. 639-3.-The foreseeable foreseeArticle 18 of Act No. 67-523 of 3 July 1967 is filed by a substantiated request by the Attorney General, filed at the Registry of the Court of Cassation; it is directed against the judicial act whose cancellation is requested and which is attached to the request.
"This appeal may be exercised at any time and within five years of the establishment of the act under attack.
"The Attorney General challenges the parties.
"No suspensive effect is attached to the Attorney General's appeal for excess power.
"The cancellation for excess power applies to all. The cancellation decision is not subject to appeal.
"Art. 639-4.-The procedure provided for in Articles 1011 to 1022 is applicable to claims filed under the articles 17 and 18 Act No. 67-523 of 3 July 1967. »
Section 975 is replaced by the following:
"Art. 975.-The statement of appeal contains, barely invalid:
« 1° For physical applicants: the name, first name and domicile indication;
"For legal persons: the indication of their form, name and head office and, in the case of administrative or judicial authorities, the indication of their name and the place where they are established;
« 2° For physical defendants: the indication of name, first name and domicile;
"For the defendants legal persons: the indication of their form, name and head office and, in the case of administrative or judicial authorities, the indication of their name and where they are established;
« 3° The constitution of the lawyer to the Council of State and the Court of Cassation of the applicant;
« 4° The indication of the decision under attack.
"The statement specifies, if any, the heads of the decision to which the decision is limited.
"It is signed by the lawyer to the Council of State and the Court of Cassation."
Section 978 is amended as follows:
1° The second sentence of the first paragraph is supplemented by the words: "or the party that is not required to establish a lawyer at the State Council and the Court of Cassation. » ;
2° In the third sentence of the same paragraph, after the words: “the memory must”, the words “under the same sanction” are inserted;
3° After the same preambular paragraph, a subparagraph shall read:
"Unfortunately, the additional claim made pursuant to section 608 must be made by the mention of "additional means" on the ampliant memory or by a separate memory containing that mention, given and notified to the other parties in the forms and times of this article."
Section 979 is amended as follows:
1° In the first paragraph, the words: "and its acts of meaning" are deleted;
2° A second preambular paragraph was added:
"In the event of incomplete or incomplete transmission of material error of any of these documents, a notice setting a time limit to correct it shall be sent by the rapporteur adviser to the applicant's counsel under the conditions set out in section 981. »
Section 985 is replaced by the following provisions:
"Art. 985.-The statement of appeal contains, barely invalid:
« 1° For physical applicants: the name, first name and domicile indication;
"For legal persons: the indication of their form, name and head office and, in the case of administrative or judicial authorities, the indication of their name and the place where they are established;
« 2° For physical defendants: the indication of name, first name and domicile;
"For the defendants legal persons: the indication of their name and head office and, in the case of administrative or judicial authorities, the indication of their name and where they are established;
« 3° The indication of the decision under attack.
"It is signed."
Section 1009-1 is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"The deletion request interrupts the defendant's deadlines under sections 982, 991 and 1010. » ;
2° It is added a last paragraph as follows:
"It prohibits the examination of major and incidents. »
Section 1014 is replaced by the following:
"Art. 1014.-After the submission of the submissions, this training decides that it is not necessary to decide by a specially reasoned decision when the appeal is inadmissible or when it is manifestly not likely to result in the cassation.
"A training may also decide not to respond specifically to one or more irreceivable means or which are manifestly not likely to result in cassation. »
Section 1015 is amended as follows:
1° After the words: "The president of the formation" are inserted the words: "or the rapporteur advisor";
2° After the words: "removal of a reason of pure right from office to an erroneous motive" are inserted the words: "or when it is envisaged to pronounce a cassation without reference".
In the second paragraph of Article 1016, after the words: "The judgments are pronounced publicly", the words "in particular by being made available to the Registry".
Section 1037 is replaced by the following:
"Art. 1037.-The Secretary of the Court of Referral shall, without delay, request the Registry of the Jurisdiction whose decision has been broken, to communicate the case file to him. »
Article R.121-22 of the Code of Civil Enforcement Procedures adds a fifth paragraph as follows:
"The first president's decision is not likely to appeal. »
In the first paragraph of Article 18 of Decree No. 2004-1463 of 23 December 2004 referred to above, the words "the first general lawyer" are replaced by the words "the first general lawyers".
I. - Article 1575 of the Civil Procedure Code states: Decree No. 2012-1451 of 24 December 2012 are replaced by the words: "from Decree No. 2014-1338 of 6 November 2014 concerning the civil procedure applicable to the Court of Cassation".
II. - Articles 38-3 and 38-4 of the above-mentioned Decree of 23 December 2004: Decree No. 2012-1451 of 24 December 2012 are replaced by the words: "from Decree No. 2014-1338 of 6 November 2014 concerning the civil procedure applicable to the Court of Cassation".
III. - Article 23 of this decree amending the Code of Civil Enforcement Procedures is applicable in the Wallis and Futuna Islands. It is not applicable to French Southern and Antarctic Lands.
The guard of the seals, Minister of Justice, and the Minister of the Overseas are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 6 November 2014.
Manuel Valls
By the Prime Minister:
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Overseas,
George Pau-Langevin