How to read a judgement A practical guide to deciphering a court ruling

Receiving a court judgement is an important step, often a source of questions and even anxiety. This official document, written in sometimes complex legal language, seals the outcome of a dispute or validates a situation. But how do you make sense of it? What do the different parts of the document mean? How to read and understand a civil judgment is essential if you want to know exactly what decision has been taken, why it was taken and, above all, what action should be taken: should the decision be enforced, can it be challenged? This article offers you a practical guide to deciphering the structure of the decision and grasping its key elements.

Identifying essential information: the judgement's "identity sheet

Every judgment begins with a series of essential pieces of information that make up its "identity card". This information, provided for in article 454 of the Code of Civil Procedure, enables the decision and its context to be unequivocally identified. You will typically find :

• Jurisdiction : The name of the court that handed down the decision (Judicial Court of [town], Court of Appeal of [town], etc.).
• The date : The day on which the judgment was officially pronounced. This is an important date, not least because it can be the starting point for certain time limits.
• The composition of the court : The names of the judges who took part in the decision (the deliberation). This is essential, as it verifies that the court was properly composed. If the names of the judges are omitted, the judgment is null and void (article 458 of the Code of Civil Procedure).
• Identification of the parties : Your surname, first names, address (or company name and registered office if you are a company), as well as those of your opponent(s). It is important to check the accuracy of this information to avoid any misidentification.
• Representatives: Where applicable, the names of the lawyers or any other person who represented or assisted the parties during the proceedings.

These elements, although formal, are far from insignificant. They attest to the regularity of the procedure and anchor the decision in an official and verifiable framework. An error or omission in these details can sometimes have consequences for the validity or scope of the judgment.

Understanding the context: recalling requests and arguments

After this identifying information, the judgment generally describes the course of the case. The purpose of this part is to set out the context of the dispute as it was presented to the judge. Article 455 of the Code of Civil Procedure states that the judgment must set out, albeit succinctly, the "respective claims of the parties and their pleas in law".

• Claims: In simple language, this is what each party has asked the judge to do. The plaintiff may have asked for the payment of a sum of money, the annulment of a contract or the recognition of a right. The defendant, on the other hand, may have asked for these claims to be rejected, and may have formulated his own claims ("counterclaims").
• Resources : These are the main arguments developed by each party to justify its claims. These are the arguments of fact (the circumstances of the case) and law (the legal rules invoked) on which each party relied.

Since a 1998 reform, the Code of Civil Procedure (article 455) allows the judge to meet this obligation by simply "referring to" the latest written submissions filed by the lawyers, indicating their date. This means that instead of summarising the claims and arguments himself, the judge can simply refer to the written documents produced by the parties. While this method eases the judge's drafting task, it can make reading the judgment more difficult for someone who does not have access to these submissions.

In any event, this section is useful. It allows you to check whether the judge has taken note of all your claims and the essential arguments you have raised. It is also an important basis for understanding how the judge has responded to them in his own arguments.

Getting to the heart of the decision: the reasons for the judgment

Next comes the most developed part of the judgement: the reasons. This is where the judge explains why it makes the decision that will be set out later in the operative part. The obligation to give reasons for judgments is fundamental in French law (article 455 of the Code of Civil Procedure). A judgment that contains no explanation or justification is null and void (article 458). The nature of the judgment, in particular whether it is by default or deemed contradictorycan also influence the remedies available.

The reasons reflect the reasoning followed by the judge(s). They generally include :

• An analysis of the relevant facts of the case, as they emerge from the exhibits and the proceedings.
• Application of the rules of law (statutes, decrees, case law, etc.) that the judge considers relevant to resolving the dispute.
• A reasoned response to the pleas in law (main arguments) raised by the parties. The judge must explain why he accepts certain arguments and rejects others.

Why is it so important to read the reasons carefully?

• To understand : This is the key to grasping the judge's logic, understanding how he interpreted the facts and applied the law. Even if the final decision is unfavourable to you, understanding why can be a necessary step.
• To take action: The grounds may reveal weaknesses in the judge's reasoning, errors of assessment or errors in the application of the law. It is often by analysing the grounds in detail that it is possible to identify arguments that are relevant to an appeal or an appeal to the Supreme Court. A lawyer will pay particular attention to this section when assessing an appeal's chances of success.

The quality of the motivation is essential. It must be sufficient, clear and coherent. Contradictory reasons (where the judge says one thing and its opposite in his reasoning) or reasons that are completely disconnected from the case (so-called "general" reasons) are equivalent to a lack of reasons and may justify setting aside the judgment.

A clear-cut conclusion: the system

The operative part is the final part of the judgment, often introduced by the phrase "FOR THESE REASONS". This is where you will find the concrete, binding decision taken by the judge. While the grounds explain the "why", the operative part sets out the "what".

It is in the operative part that you will find the orders given by the court. For example:

• "Orders Mr X to pay Ms Y the sum of [...] euros.
• "Dismisses company Z's claims in their entirety.
• "Pronounces the divorce of spouses A and B to the exclusive detriment of the husband.
• "Orders the release of the seizure effected on [...].
• "Resolves that the right of way shall be exercised over the parcel [...]".
• "Rejects the plea of lack of jurisdiction raised by [...].
• "Order Mr X to pay the costs.

The operative part is the most important part of the judgement, as it is the only part that has the legal force of law.res judicata (under article 480 of the Code of Civil Procedure). This means that what is decided in the operative part is considered to have been finally decided between the parties concerned and can no longer, in principle, be called into question before another court (unless the appropriate means of appeal are exercised). The reasons, on the other hand, do not have this authority; they serve to explain the decision.

For this reason, the operative part must be as clear, precise and complete as possible, responding to every request made by the parties. An ambiguity or contradiction in the operative part may require a specific procedure to request its interpretation. If the judge has omitted to rule on a point in the operative part (infra petita) or if he has granted more or something other than what was requested (ultra or extra petita), there are specific procedures can also be used to correct these errors without the need for conventional recourse.

The final touch: the signature

In order to be valid and authentic, the "minute" of the judgment (the original kept at the court registry) must be signed by the president of the bench that deliberated and by the court clerk who was present when the judgment was delivered (article 456 of the Code of Civil Procedure). If either of these signatures is missing, the judgment is null and void (article 458). These signatures certify that the written document corresponds to the decision taken by the judges.

Knowing how to read and decipher a judgement is a useful skill for any citizen confronted with the justice system. Clearly identifying the different parts of a judgement - formal information, arguments, explanatory reasons and decision - helps you to better understand the scope of the decision and to calmly consider the next steps to be taken. A well-understood judgement gives you a better grasp of your legal situation. To understand the consequences of a judgementIf you have questions about a decision, from notification to enforcement and possible remedies, other resources are available to you. If reading a decision raises questions or if you are considering what action to take, our firm can help you see things more clearly and defend your interests effectively. A lawyer who specialises in enforcement proceduresis in the best position to guide you.

Sources

• Code of Civil Procedure (in particular articles 454, 455, 456, 458 and 480)