An appeal of a decision is possible when:

• it has decided the dispute or certain points of the dispute, that is to say that the judge has responded to the requests by granting or not granting them
• it is rendered at first instance

Where the decision is given in last resort the call is not possible. This is the case for disputes with amounts less than €5,000. The only possible recourse is then the appeal in cassation.

All parties at trial have the opportunity to call, applicant like defendant.

This right may be exercised by a single party or by all parties.

In graceful matter (i.e. cases where there is no adversary, such as adoption), this right belongs to the person concerned by the decision or to the persons to whom the judgment was given notified. The public prosecutor may also appeal those decisions.

The time limit for appealing is1 month for civil judgments.

However, this time limit is reduced for certain decisions.

It's 15 days in the following situations:

• In non-contentious matters (adoption, change of matrimonial regime, guardianship, for example)
• Orders for interim measures or in the form of interim measures
• Interim measures orders in matters of divorce
• Orders of reconditioning or judgments during pretrial
• Decisions of the enforcement judge
• Dismissal orders for request

It's 10 days in matters of judicial reorganization or winding-up.

The appeal period is increased by 1 month for the part remaining in overseas when the decision was taken in mainland France. The same applies to decisions taken overseas for the person residing in the metropolis.

The appeal period is increased by 2 months for the person residing abroad.

The appeal period begins from significance the decision by a Commissioner of Justice, notification by the graft or from delivery of the decision at a public hearing.

If you want to benefit from legal aid to appeal, you must file this application during the appeal period. This request will have the effect ofto interrupt the time limit for appealing. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to grant or reject legal aid.

Representation by attorney is required.

However, exceptions exist for the following procedures:

• Protection of adults (guardianship, guardianship, family empowerment...)
• Disputes prud'homal (representation may be provided by a union advocate)
• Over-indebtedness
• Placement of a child by the juvenile judge
• Parental authority (delegation and partial or total withdrawal)
• Joint Rural Lease Court case
• Social pole case (social security, disability...)

If you want to be assisted by a lawyer for your efforts and your resources are insufficient, you can benefit from legal aid You have to request it during the appeal period, which will interrupt the appeal period. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to grant or reject legal aid.

The case is fully rejudged by the Court of Appeal.

The Court of Appeal rejudges the entire judgment.

It can confirm the decision of the court in whole or in part.

She can overturn (i.e. set aside) the decision of the original judges in whole or in part.

A new application may not be submitted to the Court of Appeal unless the new application is a consequence or complement of the original application.

In the event of an appeal, the decision of the first judge is enforceable unless otherwise provided for in the decision. This means that you can to enforce the judgment disputed, even if you appeal (for example, payment of damages, restitution of an object).

If you wish challenge the decision on appeal, you have to make a appeal in cassation.

The appeal shall not prevent the judgment from being enforced.

All parties to appeal proceedings must pay a tax stamp in the amount of €225 where the use of a lawyer is compulsory.

This electronic tax stamp is purchased online or at tobacco stores equipped to sell it.