Judgment rendered: what now? Notification, enforcement and possible appeals

The judge has made his decision, and the verdict is in. For many people, this marks the end of a period of tension and uncertainty. However, from a procedural point of view, the delivery of the judgment is often only one stage in the process. Whether you win your case or the decision goes against you, a new phase begins, full of technical and strategic questions. How does the recipient of a decision officially informed? When and how can the decision be applied? Is it still possible to challenge it? This article, which has been turned into an expert guide, explores in depth the essential stages that follow a civil judgment, incorporating in-depth analyses of specific cases to give you a complete picture. To navigate these complexities, it is often essential to be accompanied by a lawyer with expertise in enforcement.

Notification of the judgment: the official starting point for time limits

Even if you were present when the decision was handed down, which is rare in practice, the procedure requires official information: notification. This is the act by which the parties are formally notified of the judgment. This stage is fundamental for several reasons:

• Starting point for appeals : It is the date of notification that, barring a few exceptions, starts the period for lodging an appeal (appeal, opposition, appeal to the Supreme Court). An in-depth understanding of how calculating civil procedure time limitsincluding the specificities of public holidays and distance, is essential.
• Condition for forced application : In principle, in order to compel the opposing party to enforce the judgment, prior notice of the decision must be given (article 503 of the Code of Civil Procedure).

In contentious matters, the rule is as follows meaning by deed of a judicial commissioner (often still called bailiff of justice), which is the formality the safest. This is the most regular method of notification. However, the law provides for exceptions in which notification may be made by the court registry, by registered letter with acknowledgement of receipt, as in the case of judgments of the Conseil de Prudmen. Where representation by a lawyer is compulsory, double notification is required: first to the lawyer (often by a discount and then to the party itself by service on its electronic home. Understanding the implications of a irregular notification, made without respecting the forms prescribed to penalty of nullityis crucial to legal strategy.

Precise calculation of procedural deadlines: an essential mechanism

Calculating deadlines is a science explainsgoverned by the code of civil procedure, article per item. An error in calculation can lead to foreclosure, i.e. the loss of the right to exercise a right of action. action in court. Here are the basic rules to master, taken from the art. 640 et seq. of the CPC :

• Starting point : The time limit does not begin to run until the day after the act, event, decision or notification that causes it to run (article 641 of the CPC). In practical terms, if you are served with a judgment on a Monday, the one-month time limit for lodging an appeal will start to run at 00:00 on Tuesday.
• Calculation in days : All deadlines expire on the last day at midnight. The day of the event (dies a quo) and the due date (dies ad quem) are not counted.
• Calculation in months or years : The period expires on the day of the last month or year bearing the same date as the day of the deed of departure. For example, a one-month period starting on 15 March will expire on 15 April at midnight. If there is no identical date (for example, a one-month period starting on 31 January), the period expires on the last day of the month (28 or 29 February).
• Extension for non-working days : Where a time limit expires on a Saturday, Sunday or public or bank holiday, it is extended until the next working day (article 642 of the CPC). The jurisprudence has often had to rule on this method.
• Distance delays : Article 643 of the CPC provides for an increase in the time limits for appeals for people living overseas or abroad. The time limit is increased by one month for those living in an overseas department or collectivity, and by two months for those living abroad (excluding European Union and the European Economic Area).

Consequences of absence or late notification

The absence of notification has significant consequences, but there is a difference depending on the nature of the judgment rendered. La definition of the type of judgement is therefore crucial.

• Judgment rendered by default or deemed contradictory : A judgment is default rendering when the defendant has not appeared it is deemed contradictory where the decision is subject to appeal or where the defendant, although having appeared a first time, has subsequently failed to perform the procedural acts. If he is not notified within six months of its date, it is lapsing and considered "null and void" (article 478 of the CPC). It loses all legal existence.
• Contradictory judgement : This judgment is rendered when both parties have appeared and exchanged their arguments. If it is not notified within two years of its pronouncement, the party appeared can no longer exercise a right of recourse principal (appeal or pourvoi) (article 528-1 of the CPC). The decision then acquires the authority of the res judicata and is therefore unassailable, even without official notification to the recipient.

Enforcing the judgment: how can the decision be applied in practice?

Obtaining a judgment in his favour is one thing, getting it enforced is another. This is where the concept of "enforceability" comes in. It is the quality of a judgement that enables the winning party to demand its enforcement, if necessary by coercion via a judicial commissioner (formerly known as a "court commissioner"). bailiff) or through a on-call duty financial. The principle is that a judgement becomes enforceable when it is no longer subject to a suspensive appeal (appeal, opposition). The major exception is provisional enforcementwhich allows for immediate application. Since a 2019 reform, it has become the principle for first instance decisions. For a more detailed analysis of automatic and optional provisional enforcementSee our dedicated guide.

The statute of limitations on enforcement: a 10-year period with many subtleties

Once a judgment has become enforceable, in principle you have a period of ten years to pursue compulsory recovery (article L.111-4 of the Code des procédures civiles d'exécution - CPCE). However, this limitation period may be interrupted or suspended.

• Interruption erases the period that has already elapsed and starts a new period of the same duration. It is triggered by a compulsory enforcement measure (even if unsuccessful) or by the acknowledgement of its debt by the unsuccessful party (articles 2240 and 2244 of the Civil Code).
• Suspension temporarily stops the running of the statute of limitations without erasing the period that has already elapsed.

The situation is different for creditors if the receivables are affected by insolvency proceedings (safeguard, reorganisation, judicial liquidation). A fundamental subtlety concerns the effect of the procedure on guarantors. The declaration of receivable to the liabilities of the principal debtor interrupts the limitation period not only in respect of the principal debtor, but also in respect of the other debtor.against of the surety (person physical or moral). This interruptive effect, often confirmed by the jurisprudence of the Civil ChamberThe limitation period continues until the collective proceedings are closed, at which point a new limitation period begins to run.

Practical focus: attachment of bank accounts

Attachment is one of the most common and effective measures. It allows a winning party, armed with a writ of execution, to immediately obtain the sums of money available in the bank accounts of the other party. opponent. Here are some key points:

• Immediate effect: As soon as the bank has been served with the writ of attachment, the funds available in all the accounts are blocked up to the amount of the claim and allocated to the debtor.
• Bank's obligation to declare : The bank is obliged to declare to the court commissioner the nature and balance of all accounts opened in the name of the condemned party on the day of the seizure, even those domiciled in different branches.
• Unseizable funds : The law protects part of the funds. The unseizable bank balance (SBI), equivalent to the amount of the RSA for a single person, must be left at the disposal of the seizing party. Certain claims for maintenance or social benefits (allowances, pensions) are also exempt from seizure.
• Joint account : A joint account can be seized, even if only one of the joint holders is the owner. person concerned by the debt. However, the other co-holder can prove that the seized funds are his or her own in order to have them released.

These measures include seizures on bank accounts are frequent and require in-depth knowledge of the procedure.

Appeal procedures: challenging the decision within the rules and deadlines

If the contested decision does not satisfy you, you have the right to appeal. It is imperative that you comply with the deadlines, the calculation of which is detailed above.

• The Appeal : The most common means of appeal against first instance judgments. The Court of Appeal, whosejudicial system varies, hearing the case in fact and in law. There may be a repair before the competent adviser. The time limit is generally one month (fifteen days in summary proceedings, after an order by the court). interim relief judge). Specific remedies exist, such as summary proceedings before the first president of the Court of Appeal to stop provisional enforcement.
• The Opposition : Specific to judgements rendered "in absentia", it allows you to ask the same court to retry the case. The time limit is one month.
• Appeal to the Court of Cassation : It targets a stop or a decision given at "last instance" (by a Court of Appeal or a tribunal ruling without the possibility of appeal). The Court of Cassation only verifies the correct application of the law, without re-examining the facts. The time limit is two months.

Among the simplified procedures, theinjonction de payer (order for payment) and its particularities of notification/collection provide a specific framework for debt collection.

Specific cases: when the procedure is out of the ordinary

The procedure applicable at civil matter is not always uniform. The standard litigation procedure, which we have described, differs clearly from the non-contentious matters (for example, an application to change a matrimonial property regime) where the absence of litigation with an opponent changes the rules. But even within the litigationcertain procedures or types of decisions are governed by specific rules that require a specific approach. competence and expertise.

Injunction to pay: an accelerated recovery procedure and its pitfalls

The order for payment is obtained in a non-discriminatory manner. contradictory by a creditor. Its notification and application are highly regulated:

• Mandatory meaning : The creditor must serve the order on the recipient by a court commissioner within 6 months of its date. Failing this, the order is subject to lapsing and loses all value.
• Opposition period : The convicted party has one month from the date of service to lodge an opposition. Opposition transforms the proceedings into a court case contradictory where the litigation will be debated in depth.
• Apposition of the executory formula : If no opposition is lodged within the time limit, the creditor must ask the court clerk to affix the executory clause to the copy of the order to make it enforceable. Please note that this request must be made within one month of the expiry of the objection period, otherwise the order will also become null and void.

When faced with a partial admission order, the creditor must make a strategic choice: either accept it and have it served, at the risk of being deemed to have acquiesced and waived the surplus, or not serve it and initiate proceedings on the merits for the entire claim.

The arbitration award: enforcement and recourse to private justice

An award made by an arbitral tribunal does not, of itself, have the enforceability of a state judgment. To have it enforced, it is essential to obtain an order ofexequatur to the court. This decision gives the award the same force as a judgement. The remedies are also specific: the main remedy is not an appeal (unless the parties have expressly provided for it) but the action for annulmentIn the event of a dispute between an arbitrator and an arbitral tribunal, the arbitrator may, on the grounds set out in an exhaustive list by law, such as an irregularity in the constitution of the arbitral tribunal or a violation of the order of the court. public international.

Specificities before the Commercial Court: the impact of dematerialisation

Before the Commercial Court, the procedure is marked by a high degree of dematerialisation, in particular via the Lawyers' Virtual Private Network (RPVA). The notification of procedure between lawyers is mainly carried out in this way electronics. This method raises questions of proof: the date and time of notification are those of the document being made available on the electronic portal. In the event of a technical incident, proving the irregularity may prove complex. Case law remains cautious and requires a rigorous demonstration of the malfunction. In the event of default by a company, the role of the public prosecutor can also become central, adding another layer of complexity.

Receipt of a judgement marks the start of a period when strategic decisions have to be taken: should the judgement be enforced? Should it be contested? Within what timeframe? The consequences of a wrong decision or inaction can be far-reaching. To assess the best strategy following a court decision, whether you win or lose, the analysis and advice of a lawyer with expertise in appeals and enforcement is often decisive. Do not hesitate to contact our firm to discuss your situation.

Sources

• Code of Civil Procedure (CPC)
• Code of Civil Enforcement Procedures (CPCE)
• Commercial code
• Civil Code
• Code of Criminal Procedure (for comparison)