By Raphaël MORENON
5 April 2025
When a judgment is rendered by default, the opposition procedure allows the defaulting party to have the case retried. This procedure necessarily leads to an outcome that raises important practical questions for litigants. What happens to the initial decision? What are the effects of a rejection or admission of the opposition? What avenues of appeal remain open? The fate of the initial decision The first question concerns the fate of the default judgment during the opposition proceedings. Contrary to what previous case law may have held, the notice of opposition does not annul the default judgment. Article 572, paragraph 2 of the Code of Civil Procedure clearly settles this question: "A judgment against which an objection has been lodged is only annulled by the judgment that revokes it". This rule puts an end to the legal uncertainty that would have resulted from the discontinuity of decisions. It has a major practical advantage: for the duration of the opposition proceedings, the default judgment...
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