Challenge a judgment: appeal to the Court of Cassation

Verified 30 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Do you want to challenge a decision on appeal or as a last resort? You must appeal on a point of law. This court, unique in France, does not judge the facts. She is the judge of compliance with the law, that is, whether the judges have applied the correct rule of law. We'll explain the procedure.

Civil case

The appeal in cassation shall be examined by one of the three civil chambers.

The social chamber is responsible for appeals brought following a decision of a labor court or the social chamber of a court of appeal.

The appeal in cassation is a remedy exceptional.

In an appeal on a point of law, the facts are not reviewed again. The Court of Cassation does not retry the case entirely. It shall rule on conformity with the law, i.e. it verifies that the judges have applied the correct rule of law or that the procedure has been followed. For example, it won't look to see if your neighbor's dog bit you.

We're talking about decision on form because the Court of Cassation is not a threee level of judgment (after first instance and appeal).

You can appeal in the following cases:

  • 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 that was issued to you was poorly drafted.
  • 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 2nd 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 2nd sentenced the pedestrian concerned for a false medical certificate. The appeal is then directed against the 2 decisions even if the 1re 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).

The parts (applicant, defendant) may appeal on a point of law.

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.

You may appeal against the following decisions:

  • Shutdown rendered by an appellate court, if you find that it is contrary to the rule of law or that the procedure has not been followed
  • Decision rendered as a last resort, i.e. a decision for which an appeal is impossible, in particular because the dispute is below €5,000
  • Ruling onopposition (in the case of a default judgment) which is contrary to the rule of law. The judgment is rendered default if you were not aware of the date of the hearing and you were not present or represented by an authorized person (lawyer, spouse...) at that hearing.

The lawyer is mandatory before the Court of Cassation except in electoral matters political (President of the Republic, Member of Parliament...) and professional (Social Economic Committee, Staff Representative, Advisor to the Labor Council...).

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.

If you do not find a lawyer in the Court of Cassation, you can turn to the President of the Bar Association who will appoint you one.

Lodging of the statement of appeal

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

Répondez aux questions successives et les réponses s’afficheront automatiquement

Lawyer required

Statement of appeal

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

It shall contain the following information:

  • Names, forenames and domicile
  • Names, first names and home of your opponent (advocate)
  • Contested decision, specifying the contested element(s)
  • Constitution of your lawyer at the Court of Cassation.

It's signed by your lawyer at the Court of Cassation.

Time limit for filing an appeal on a point of law

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

This period shall be increased by1 month for people (applicant and defendant) residing overseas.

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

The time limit for appeal may be shorter. It's 15 days for divorces and 10 days for political and 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

Statement of appeal

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.

Time limit for filing an appeal on a point of law

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.

This period shall be increased by1 month for people (applicant and defendant) residing overseas.

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

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.

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

Répondez aux questions successives et les réponses s’afficheront automatiquement

Lawyer required

As of the statement of appeal, your lawyer has a period of 4 months to lodge at the Registry the 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 contest the pleas in law put forward and, where appropriate, to 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 deposit 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 put a memory back in response and possibly form a cross-appeal. That period shall run from the date of receipt of the declaration by the Registry.

The appeal in cassation does not suspend the decision delivered which is to be executed as it was rendered.

He's suspensive in matters of divorce and nationality. In that case, the decision rendered is not executed.

The Court of Cassation is considering the case in open court. Access to the hearings shall be open to any interested person.

Your case is examined by 1 of the 5 chambers dealing with the dispute of civil law (3 civil, social or commercial chambers) composed of judges appointed advisers.

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 shall indicate the date on which the decision is rendered.

The decisions of the Court of Cassation are appealed stops.

The Court of Cassation can prove you right. In this case, there is quashing.

If the Court of Cassation says you're wrong, she discard your appeal.

If, on reflection, you no longer wish to pursue the proceedings before the Court of Cassation, you may withdraw. Withdrawal shall be recorded by order of the first President or the magistrate of the Chamber to which the case has been distributed.

Répondez aux questions successives et les réponses s’afficheront automatiquement

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's a new court to try the case only on canceled points. 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 but composed of judges other than those who have tried the contested decision.

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 order. The contested decision is final and must be implemented in full.

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 the European Court of Human Rights. The seizure must be made within 4 months according to the last decision.

The procedure itself is free of charge.

You must, however pay your lawyer's fees.

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

You must contact the legal aid office of the Court of Cassation.

Warning  

The application for legal aid to the Court of Cassation shall be submitted to the verification of the existence of a serious plea de cassation regardless of your resources. For example, if the ground of appeal is unfounded, your application for legal aid may be refused even if you have a low income.

Criminal case

The appeal in cassation following a criminal decision shall be examined by the criminal division Court of Cassation. It is located in Paris.

The appeal in cassation is a remedy exceptional.

In an appeal on a point of law, the facts are not reviewed again. The Court of Cassation does not retry the case entirely. It shall rule on conformity with the law, i.e. it verifies that the judges have applied the correct rule of law or that the procedure has been followed. For example, she won't look to see if you were really drunk at the police stop.

We're talking about decision on form because the Court of Cassation is not a threee level of judgment (after first instance and appeal).

You can appeal in the following cases:

  • 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 which has been issued to you does not include the mandatory particulars
  • 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 criminal court 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 following persons may appeal on a point of law:

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

FYI  

the General Prosecutor of the Court of Cassation may appeal on a point of law, of his own motion or by formal order of the Minister of Justice, if a decision is contrary to the law or, in certain cases, only in the law interest.

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

  • Judgment in last resort of a court for which an appeal is not possible (for example if the penalty incurred is a fine of 1re at 4e class)
  • Judgment of a criminal court
  • Judgment of the Investigative Chamber (which examines on appeal the decisions of the examining magistrate or the judge of liberty and detention).

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

If you wish, 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.

If you cannot find a lawyer in the Court of Cassation, you can contact the President of the Bar Association who will appoint you a lawyer in the Court of Cassation.

Lodging of the statement of appeal

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

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

Time limit for filing an appeal on a point of law

The statement of appeal must be lodged within 10 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 time limit for lodging an appeal shall be 3 days with regard to press offenses (insult, defamation...).

For the execution of a European arrest warrant, the time limit for lodging an appeal shall be 3 free days.

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

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 send your brief directly to 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 parts (persons convicted, indicted, 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.

When the public prosecutor's office shall lodge an appeal on a point of law, he shall send his statement to the Court of Justice at the latest 1 month after the date of appeal.

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.

The Court of Cassation is considering the case in open court. 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.

Répondez aux questions successives et les réponses s’afficheront automatiquement

With a lawyer at the Court of Cassation

You can be here, but you won't be allowed to speak. Only the lawyer can talk.

Reports are made at the hearing. Counsel for each party may make oral submissions following the report to supplement their submissions.

The Advocate General, which represents the public prosecutor's officeindicate whether he is referring to his written opinion or making oral submissions.

If he makes oral submissions, counsel may respond orally.

The Chair closed the proceedings and indicated the date on which 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 Advocate General, which represents the public prosecutor's officeshall indicate subsequently whether he refers to his written opinion or whether he wishes to make oral submissions.

After the intervention ofAdvocate General, the President shall close the proceedings and indicate the date on which the decision will be delivered.

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.

If, after reflection, you no longer wish to continue the proceedings before the Court of Cassation, you can opt out. The President of the Criminal Chamber shall order that the appeal be withdrawn.

Répondez aux questions successives et les réponses s’afficheront automatiquement

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.

More rarely, the case may also be retried by the same court, composed of judges other than those who have tried the contested decision.

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.

The Court may order the appellant (accused person or civil party) to pay to the other party an amount to reimburse the costs incurred by him (lawyer's fees, costs of sending pleadings, etc.).

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. The seizure must be made within 4 months according to the last decision.

The procedure is free of charge.

If you hired a lawyer, you have to pay his fees.

If you are under-resourced, you can request legal aid.

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

FYI  

A fixed procedural right of €211 must be paid by the party sentenced by the Court of Cassation.

The application for legal aid to the Court of Cassation shall be submitted to the verification of the existence of a serious plea de cassation regardless of your resources. For example, if the ground of appeal is unfounded, your application for legal aid may be refused even if you have a low income.

Who can help me?

Find who can answer your questions in your region

  • For more information

    Telephone administrative information - Allo Public Service

    • accès

      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you are from the Department of Justice.

  • For more information

    House of Justice and the Law

FAQ