A judgment pronounced in your absence can have serious consequences. The law provides for specific legal remedies. These depend on the exact nature of the judgment. Strict time limits govern these appeals. If they are not respected, the decision cannot be contested.
Identify the exact nature of the judgment
La classification of the judgment conditions the possible appeal. It is based on objective criteria, not on the wording of the decision.
Judgment by default meets two cumulative conditions:
- The decision is final
- The summons was not issued to anyone
There are two situations in which a judgment is deemed to be contradictory:
- The judgment may be appealed, regardless of the form of summons.
- The judgment is not subject to appeal, but the summons was delivered in person.
Article 536 of the Code of Civil Procedure states: "The incorrect classification of a judgment by the judges who rendered it has no effect on the right to appeal. An error in classification does not prevent the appropriate remedy from being exercised.
Where there are multiple defendants, special rules apply. Article 474 of the Code provides that a single judgment applies to all. Its classification depends on the situation of each of the defendants.
Opposition: a specific remedy for default judgments
Opposition is a means of withdrawal. It allows the defaulting party to have the case retried by the same court.
This option is only available against judgments by default. Article 476 of the Code of Civil Procedure specifies this rule. Contradictory judgments or judgments deemed to be contradictory may not be opposed.
The objection period is one month. It runs from the notification of judgment. This notification must mention the time limit and the terms and conditions of the appeal.
The opposition procedure follows precise rules:
- It is carried out in the same way as for the commencement of proceedings
- It must contain the means of the defaulting party
- It must be served on the other parties
Opposition has two major effects:
- It calls into question res judicata by default
- It suspends enforcement of the judgment, except in the case of provisional enforcement
The rule "opposition on opposition is not valid" prohibits a new opposition against a judgment given on opposition. This restriction avoids cascading appeals.
Appeal: recourse against judgments deemed to be contradictory
An appeal is the ordinary means of recourse against judgments deemed to be contradictory. It is addressed to a higher court.
The appeal period is one month in contentious matters. It runs from the time the judgment is served. This period is extended for persons residing abroad.
The appeal procedure varies from one jurisdiction to another:
- Before the Court of Appeal, a lawyer is generally required
- For some subjects, representation is optional
The appeal has a devolutive effect. It puts the entire case back before the higher court. The appellant may put forward new arguments.
There is one important special feature. A party who defaults at first instance may raise procedural objections before the Court of Appeal. These objections should normally have been raised before any defence on the merits.
Special situations and precautions
Specialised courts apply their own rules:
- Social Security Court rules out opposition
- The industrial tribunal expressly authorises it
Judgments handed down abroad raise complex issues of exequatur. International conventions determine the applicable rules.
The rulings of the Cour de cassation are subject to special rules. Opposition is never admissible against these decisions, even if they are rendered by default. Only the cassation appeal remains open.
Essential precaution: check the notification of the judgment. A default judgment or a judgment deemed to be contradictory on the sole ground that it is subject to appeal becomes null and void if it is not notified within six months. Article 478 of the Code of Civil Procedure sets out this protective rule.
An appeal to the Supreme Court is an exceptional procedure. It does not rule on the merits of the case, but verifies that the decision complies with the rules of law. Strict conditions govern its admissibility.
The time limits for challenging a judgement handed down in your absence are often very short. The decision must be analysed immediately. For a complete overview of the stages following the delivery of a judgment, from notification to enforcement, see our complete guide. Our firm can quickly assess your situation and take appropriate action within the legal timeframe. The intervention of a enforcement lawyer is often essential if decisions are to be implemented or challenged effectively.
Sources
- Code of Civil Procedure, articles 473 to 478 (classification of judgments)
- Code of Civil Procedure, articles 528 to 538 (time limits for appeals)
- Code of Civil Procedure, articles 571 to 578 (opposition)
- Code of Civil Procedure, articles 538 to 570 (appeal)
- Court of Cassation, 2nd Civil Division, 3 March 2022, no. 20-17.419
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