Third-party proceedings occupy a special place in the arsenal of legal remedies. It enables a third party to challenge a judicial decision that is prejudicial to him or her. But beware: this procedural weapon is subject to strict rules. Neglecting to observe the formalities or exceeding the time limit can destroy any chance of success.
How to lodge a third-party objection
Third-party opposition takes two distinct forms, which determine its procedural regime.
Third main and incidental opposition
The main third-party opposition is lodged outside any ongoing legal proceedings. It is aimed directly at a judicial decision that is prejudicial to the third party.
Incidental third-party proceedings arise in the course of ongoing proceedings. It is a response to the opponent's invocation of a decision to which the third party was not a party.
This distinction is not theoretical. It determines which court has jurisdiction and which rules apply.
The document initiating proceedings
Article 587 of the Code of Civil Procedure requires compliance with the rules of contentious procedure, even against a non-contentious decision.
In practice, main third-party proceedings begin with a writ of summons, including before the Court of Appeal. The Court of Cassation made this clear in a ruling of 8 July 2004 (no. 02-12.789): a statement filed with the court registry, which is the usual method of bringing a case before the Court of Appeal, is not acceptable for third-party proceedings.
Article R. 661-2 of the Commercial Code derogates from ordinary law in matters of business difficulties. Third-party notices of objection must be filed by declaration with the court registry. Case law is inflexible: a third party objection filed by registered letter with acknowledgement of receipt will be deemed inadmissible (Com. 17 February 2021, no. 19-16.470).
Deadlines to be met to avoid inadmissibility
The time limits for third-party proceedings vary according to their nature and the matter concerned.
The ordinary time limit
Article 586 of the Code of Civil Procedure sets a time limit of thirty years in principle for the principal third party opposition. This exceptionally long period is explained by the fact that, by definition, the third party has not been notified of the judgment.
Incidental third-party proceedings are not subject to any time limit, except in exceptional circumstances.
Special deadlines
In commercial matters, article R. 661-2 of the French Commercial Code drastically reduces the time limit to ten days from the date of the decision for collective proceedings.
For decisions subject to publication, the time limit runs from the date of publication. A decision of the Commercial Chamber of 14 June 2017 (no. 15-25.698) confirmed that, for decisions subject to the formalities of insertion in a legal announcements medium, the time limit only runs from this publication.
Notification and starting point of the period
If the third party has been notified of the judgment, article 586 of the Code of Civil Procedure limits the admissibility of third-party proceedings to two months after such notification. However, this rule only applies if the notification clearly states this time limit and the procedures for lodging an objection.
In non-contentious matters, notification to the third party closes the third-party opposition procedure, except for judgments handed down at final instance.
Jurisdictional competence
The rules of jurisdiction vary according to the nature of the third-party proceedings.
For the main third party opposition
The main third-party proceedings are heard by the court that issued the contested decision (article 587 of the Code of Civil Procedure). The magistrates who ruled initially may examine the third-party objection.
Incidental third-party proceedings
Article 588 of the Code of Civil Procedure provides that an incidental third-party objection shall be decided by the court hearing the case if it is of a higher level than the court that handed down the contested judgment.
If the court seised is of equal jurisdiction, it may rule on the incidental third party objection without infringing the public policy rules on jurisdiction.
On the other hand, if the court seised is of a lower level, the third-party proceedings must be brought before the court that handed down the contested decision.
The judge's powers
The judge hearing a third-party objection may suspend enforcement of the contested judgment (article 590 of the Code of Civil Procedure). This power belongs exclusively to the judge, as the Court of Cassation pointed out in a judgment of 28 May 2015 (no. 14-27.167).
If the third party objection is successful, the court will reform or retract the contested decision, but only on the points that are prejudicial to the third party objector (article 591 of the Code of Civil Procedure).
In the event of indivisibility, Article 584 requires that all parties to the contested judgment be called to the proceedings. The decision will then have effect for all of them.
Strict compliance with procedural rules is essential for an effective third-party opposition. An incorrectly formulated document initiating proceedings, a missed deadline or a misidentified court can result in the inadmissibility of the action - depriving the third party of all protection.
In complex situations, particularly in commercial matters where time limits are drastically reduced, the intervention of a legal professional becomes essential. Our firm assists litigants faced with a prejudicial decision and offers a personalised examination of your situation to determine the most appropriate procedural strategy.
Sources
- Code of Civil Procedure, articles 582 to 592, in particular articles 586, 587, 588, 590 and 591
- French Commercial Code, article R. 661-2
- Cass. com. 17 February 2021, no. 19-16.470
- Cass. com. 14 June 2017, no. 15-25.698
- Cass. 2nd civ. 8 July 2004, no. 02-12.789
- Cass. 2nd civ. 28 May 2015, no. 14-27.167
- Gaëlle Deharo, "Tierce opposition", Répertoire de procédure civile, November 2023
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