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Challenge a judgment: appeal to the Court of Cassation

Verified 23 March 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can appeal to the Court of Cassation. It's a remedy that allows you to challenge a court decision that you feel is against the law or where the procedure has not been followed. This is the last resort in a court case. There is only one Court of Cassation, it is located in Paris.

Civil case

Data subjects

You or your opponent can file an appeal in cassation.

The attorney general of the Court of Cassation may also refer a case to the Court if it considers that a court decision is contrary to the law.

Decisions concerned

You may appeal against the following decisions:

  • A judgment of a court of appeal if you find it to be contrary to the rule of law
  • Decision for which the appeal is impossible, in particular because the dispute is below €5,000
  • Ruling on opposition (in the case of a default judgment) which is contrary to the rules of law

FYI  

an appeal on a point of law shall not suspend the judgment delivered, which must be enforced as delivered. He's suspensive in matters of divorce and nationality. In that case, the decision rendered is not executed.

In an appeal on a point of law, the facts will not be examined again. The Court of Cassation does not retry the case entirely. For example, it won't look to see if your neighbor's dog bit you.

The Court bases itself solely on questions of law and procedure. We're talking about decision on form because the Court of Cassation is not a third level of judgment (after the first instance and the appeal). She said that the magistrates had correctly applied the law.

You may present one or more of these grounds to the Court:

  • Violation of the law, including European and international texts (misapplication or misinterpretation). For example, you feel that the judgment infringes on your right to privacy.
  • Violation of procedure. For example, if you think that assignment which was issued to you was poorly drafted by the Commissioner of Justice (formerly bailiff and judicial auctioneer).
  • No legal basis if you find that the tribunal's decision does not cite the sections of the act that justify its decision.
  • Failure to state reasons for the decision. For example, you consider that the court did not clearly state the facts on which it bases its decision (evidence, testimony...).
  • Contradiction between 2 judgments (judgment conflict). For example, a 1er judgment estimated that you owe so much to your landlord and a 2eme considered the lease to be illegal.
    There may also be a conflict between a civil judgment and a criminal judgment. For example, a 1er civil court ruled that you owe so much to an overturned pedestrian and a 2eme sentenced the pedestrian concerned for a false medical certificate. The appeal is then directed against the 2 decisions even if the 1era has already been the subject of an appeal on a point of law.

In an appeal, you only challenge the decision that concerns you, not a law. The challenge of the law itself remains possible through the procedure of the priority constitutionality issue (QPC).

Before the Court of Cassation, only lawyers in the Court of Cassation and the Council of State are entitled to defend you. They have a monopoly on the representation and defense of individuals before the Court of Cassation.

Who shall I contact

Please note

the lawyer is not obligatory before the Court of Cassation in electoral matters. You can intervene directly or through a lawyer you choose.

The procedure itself is free of charge.

However, you have to pay your legal fees. If you are under-resourced, you can request legal aid to cover all or part of these costs.

You must contact the Office of Legal Aid of the Court of Cassation.

Who shall I contact

Lodging of the statement of appeal

The statement of appeal is made in two different ways depending on whether the lawyer is obligatory in the procedure or not.

The lawyer is not obligatory before the Court of Cassation in electoral matters.

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Lawyer required

Your lawyer submits a statement of appeal to the Court Registry in as many copies as there are opponents, plus 2.

It shall contain the following information:

  • Names, forenames and domicile
  • Contact details of your opponent
  • Contested decision, specifying the contested element(s)
  • Contact details of your lawyer at the Court of Cassation

The declaration must be filed within 2 months from the day the decision was made to you served.

This period shall be increased by 1 month for persons (plaintiff and defendant) residing overseas.

For persons residing abroad, this period is increased by 2 months.

The time limit for appeal may be shorter. It's 15 days for divorces and10 days for professional elections.

Please note

for judgments and judgments rendered in absentia (in the absence of at least one party), the declaration must be filed within 2 months from the end of the opposition period.

Lawyer not required

You must lodge or send a statement of appeal to the Registry of the Court of Cassation by registered letter with request for notice of receipt.

It must be dated and signed.

It shall contain the following information:

  • Names, forenames and domicile
  • Contact details of your opponent
  • Contested decision, specifying the contested element(s)
  • Contact details of your lawyer or representative, if any

The clerk will record your appeal. He or she will deliver you a receipt of the declaration on the spot.

If you have sent it by post, it sends you this receipt by registered letter with request of notice of receipt. He immediately sends your opponent a copy of this declaration by registered letter with request for notice of receipt. At the same time, he requests that the file be sent to the registry of the court which issued the contested decision.

The declaration must be filed within 2 months from the day the decision was made to you notified by the registry of the court which issued the contested decision.

For judgments and judgments rendered in absentia (in the absence of at least one party), the declaration must be filed within 2 months from the end of the opposition period.

This period shall be increased by 1 month for persons (plaintiff and defendant) residing overseas.

For persons residing abroad, this period is increased by 2 months.

Please note

there is no maximum time limit where the ground for cassation invoked is a contradiction of judgments, that is to say an opposition between two court decisions given on the same subject-matter.

Filing of brief

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Lawyer required

As from the statement of appeal, your lawyer has 4 months to file your memoir in demand.

This brief says amplifying memory present your means and arguments.

As soon as the amplifying brief is filed, your opponent has 2 months to establish a defense to challenge the means presented and possibly form a cross-appeal.

During this phase of investigation, it may be that one party considers it useful to respond to the other by establishing a rejoinder.

Lawyer not required

As from the statement of appeal, you have a period of 3 months to lodge at the Registry a memoir.

Your opponent has a delay of 2 months to file a response memory ("incident memory") by registered letter with request for acknowledgement of receipt or by lodging it at the Registry against receipt. It may optionally form a cross-appeal.

However, if you file your brief at the same time as your appeal, your opponent has 3 months to file a response and possibly form a cross-appeal. That period shall run from the date of receipt of the declaration by the Registry.

The Court of Cassation, located in Paris, is considering the case in public.

Access to the hearings of the Civil Chambers shall be open to any interested person.

Your case is heard by one of the three civil chambers.

The most complex cases that have given rise to different solutions before the courts of appeal and the chambers of the Court of Cassation are decided by the plenary assembly.

Your lawyer will be able to speak to complete your brief.

You can be here, but you won't be allowed to speak.

When you intervene without a lawyer before the Court of Cassation, you will be heard with the authorization of the President.

At the end of the hearing, the Chairperson indicates when the decision is rendered.

The decisions of the Court of Cassation are called stops.

The Court of Cassation can prove you right. In this case, there is quashing. If the court says you're wrong, she discard your appeal.

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The Court agrees with you

The Court of Cassation breakage, that is to say, annul the contested decision. She's making a judgment of cassation.

It can completely break it (total break): all the elements of the decision are then annulled.

It may also partially break it (partial breaking): some items are canceled, others are retained. For example, it can maintain damages what your bricklayer must pay you, but cancel the compulsory resumption of work.

In the majority of cases, the case has to be retried. It is a new court that will judge the case only on the points canceled. In such cases, the Court of Cassation shall designate in its judgment the court responsible for retrying the case. For example, if you have challenged a decision of the Court of Appeal of Amiens, the case may be retried by the Court of Appeal of Douai.

Less frequently, the case may be retried by the same court.

The Court of Cassation may also decide to close the case. We're talking about cassation without reference. This is the case when the Court of Cassation considers that it can itself apply the law and settle the dispute between the parties.

The Court rules you wrong

Your appeal is dismissed. The Court of Cassation gives a dismissal orderThe contested decision is final and must be implemented in its entirety.

There's no recourse outside of the appeal for review.

FYI  

when all remedies in France have been exhausted and a right protected by the European Convention on Human Rights has been violated, you can to bring an action before the European Court of Human Rights.

Criminal case

Data subjects

The following persons may appeal on a point of law:

  • Attorney-General of the Court of Appeal
  • Sentenced person or indictment
  • Civil party

Please note

the general prosecutor of the Court of Cassation may also refer the case to the Court if he considers that a court decision is contrary to the law.

Decisions concerned

The following decisions may be appealed on a point of law:

  • Judgment of a court for which an appeal is not possible (judgment in last resort)
  • Judgment of a Court of Appeal
  • Judgment of the Investigative Chamber (which examines on appeal the decisions of the investigating judge or the judge of freedoms and detention).

FYI  

the appeal in cassation is suspensive. The prison sentence or fine is not immediately carried out. The sentenced person may be placed in pretrial detention or house arrest under electronic surveillance. However, civil convictions (the damages for example) must be executed.

In an appeal on a point of law, the facts are not examined. For example, the Court of Cassation will not look to see if you were really drunk during the police stop.

The Court bases itself solely on questions of law and procedure. We're talking about decision on form because the Court of Cassation is not a third level of judgment (after the first instance and the appeal). She said that the magistrates had correctly applied the law.

You may bring one or more of these grounds before the court:

  • Violation of the law, including European and international texts (misapplication or misinterpretation). For example, you feel that the presumption of innocence has not been respected
  • Breach of procedure. For example, you think that the direct quotation that was issued to you was poorly drafted
  • No legal basis. You feel that the court's decision does not specify the sections of the law that justify its decision or does not explain enough how it applied the law
  • Failure to state reasons for the decision. You feel that the court has not clearly indicated on what facts it bases its decision (evidence, testimony...) or that it contradicts itself

In an appeal, you only challenge the decision that concerns you, not a law. The challenge of the law itself remains possible by recourse to the procedure of priority constitutionality issue (QPC).

FYI  

judgments of acquittal handed down by the court of assize may be the subject of an appeal on a point of law in the interests of the law. This appeal may not be against the acquitted party who cannot be re-sentenced.

The procedure itself is free of charge, but each person convicted by the Court of Cassation must pay a fixed right of appeal €211.

In addition, you will also have to pay your lawyer's fees. If you are under-resourced, you can request legal aid.

You must contact the Office of Legal Aid of the Court of Cassation.

Who shall I contact

Lodging of the statement of appeal

The statement of appeal must be dated and signed.

It shall contain the following information:

  • Surname, forenames and domicile
  • Contact details of the other party (civil party or convicted person)
  • Contested decision, specifying the contested elements
  • Contact information for your lawyer, if you have one

The declaration must be submitted to the graft of the court which delivered the contested decision. The procedure must be done on the spot, by you, your lawyer or a authorisation holder special.

Where the appellant is detained, he must make his statement to the prison director. The statement is dated and signed by the director of the prison who receives it. He shall send it without delay, in original or in copy, to the registry of the court which has given the contested decision.

For example, if you want to challenge a decision of the Lyon Court of Appeal, you must file your application in Lyon.

Who shall I contact

The statement of appeal must be lodged within 5 free days.

The time limit shall start on the day following the delivery of the contested decision, where it was delivered after a adversarial debate and that the appellant was present or represented by a lawyer.

The deadline starts from significance of the contested decision where the appellant was neither present nor represented by a lawyer at the hearing at which the decision was given. The applicant must not have been informed of the date of the hearing on which the judgment was rendered.

The time limit shall begin from the service of the contested decision on the defendant absent at the trial hearing and whose lawyer had no mandate to defend him. The same applies when neither he nor his lawyer were present at the hearing.

Warning  

the deadline for filing an appeal is 3 clear days in the case of press offenses (insult, defamation...).

The applicant shall send his declaration to the public prosecutor's office and to the other parties by registered letter with request for notice of receipt within 3 days.

Lawyer

The lawyer is not obligatory in criminal matters before the Court of Cassation.

However, you may be assisted or represented by a lawyer.

Before the Court of Cassation, only the lawyers at the Conseil d’État or the Cour de cassation are entitled to defend you.

Who shall I contact

Warning  

if you instruct a lawyer to file your statement of appeal, it must be a lawyer from the court that issued the decision. However, this lawyer cannot defend you for the remainder of the cassation proceedings.

Filing of brief

You must then submit a memoir.

This is a written document detailing your legal arguments (means) against the contested decision.

The brief must be filed by a lawyer at the Court of Cassation, by yourself or by a lawyer representative.

You must file your written pleadings with the Registry of the court which issued the contested decision.

You may file your brief at the same time as your statement of appeal or in the 10 days later.

Who shall I contact

If you have been convicted, and the 10 days have passed, you can file your brief directly at the Registry of the Court of Cassation in the month which follows the date of the appeal. On the other hand, the other parties will have to contact a lawyer at the Court of Cassation to file the brief.

Who shall I contact

The brief must be filed in as many copies as there are parties (convicted persons, indictees, civil parties).

FYI  

if you have a lawyer who is not a lawyer at the Court of Cassation, he can help you in writing your brief.

The Court of Cassation, located in Paris, is considering the case in public.

Access to the hearings of the Court of Cassation shall be open to any interested person.

Your case is being examined by a specialized chamber, the criminal chamber.

The most important cases are decided by the plenary assembly.

The procedure varies depending on whether or not you are represented by a lawyer at the court of cassation.

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With a lawyer at the Court of Cassation

You can be here, but you won't be allowed to speak.

Your lawyer may speak to supplement your written submission.

The Advocate General, who represents the public prosecutor's office, then indicates whether he refers to his written opinion or whether he wishes to make oral comments. If he makes oral submissions, your lawyer can respond orally.

The Chair closed the proceedings and indicated when the decision would be rendered.

Without a lawyer at the Court of Cassation

You may be present at the hearing, but you will not be allowed to speak. The person who represents you (and who may be an unauthorized lawyer before the Court of Cassation or another agent) also cannot address the court.

The Advocate General, who represents the public prosecutor's office, then indicates whether he refers to his written opinion or whether he wishes to make oral comments. If he makes oral comments, you cannot respond orally, but you can respond in a written submission to the Speaker after the hearing. Also, for your unauthorized lawyer or agent.

After the intervention ofAdvocate General, the President shall close the proceedings and indicate when the decision will be given.

The decisions of the Court of Cassation are called stops.

The Court of Cassation can prove you right. In this case, there is quashing. If the court dismisses you, it dismisses your appeal.

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If the Court agrees with you

The Court of Cassation breakage that is to say, annul the contested decision. She's making a judgment of cassation.

It can completely break it (total break): all the elements of the decision are then annulled.

It may also partially break it (partial breaking): some items are canceled, others are retained.

Example :

The Court of Cassation partially overturns a decision condemning you for speeding and driving while intoxicated. She can continue the sentence for drunkenness but cancel the sentence for speeding.

In the majority of cases, the case has to be retried. It is a new court that will judge the case only on the points canceled. In this case, the Court of Cassation shall designate in its judgment the court responsible for retrying the case. For example, if you have challenged a decision of the Court of Appeal of Amiens, the case may be retried by the Court of Appeal of Douai.

Less often, the case may also be retried by the same court.

The Court of Cassation may also decide to close the case. We're talking about cassation without reference. This is the case when the Court of Cassation considers that it can itself apply the law and settle the dispute between the parties.

If the Court rules you wrong

Your appeal is dismissed. The contested decision is final and must be implemented in full.

The Court of Cassation issues a dismissal order.

There's no recourse outside of the appeal for review.

FYI  

when all remedies in France have been exhausted and a right protected by the European Convention on Human Rights has been violated, you can to bring an action before the European Court of Human Rights.

Who can help me?

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