The notification of a judgment rendered in the absence of a party is subject to strict rules. A special time limit of six months applies on pain of nullity. These special rules are designed to protect the party in default while ensuring legal certainty. Failure to comply with these rules may invalidate a favourable court decision.
Specific notification arrangements
The default judgments and certain judgments deemed to be contradictory follow a specific notification system. This specificity persists despite their differences in terms of legal remedies.
Article 478 of the Code of Civil Procedure imposes two requirements:
- Notification within six months
- Mandatory information on the notification document
There is a simple reason for these rules. The defaulter has not participated in the debate. His protection requires full and prompt information.
For defendants residing abroad, Article 479 imposes an additional obligation. The judgment must mention the steps taken to inform the defendant. This precaution strengthens the protection of litigants outside France.
The document is served. A bailiff delivers the document in accordance with articles 653 to 664 of the Code. Personal delivery is still the preferred method, but other methods exist.
The special six-month notification period
Article 478 of the Code of Civil Procedure sets out a clear rule: "A judgment rendered by default or a judgment deemed to be contradictory on the sole ground that it is subject to appeal is null and void if it has not been notified within six months of its date.
This deadline applies to:
- All default judgments
- Judgments deemed to be contradictory solely because they are subject to appeal
Not included:
- Contradictory judgements
- Judgments deemed to be contradictory because the summons was delivered in person
- Court of Cassation rulings
The time limit begins to run when the judgment is handed down, not when it is made available. For a judgment handed down on 15 January, notification must be made before 15 July.
This requirement derogates from ordinary law. Contradictory judgments are subject to the ordinary law limitation period of five years since the Act of 17 June 2008.
Consequences of failure to notify within the time limit
The penalty is radical. The judgement becomes "null and void". This means that the decision loses all legal existence. It can no longer be enforced or invoked.
This penalty has several characteristics:
- It is not automatic; the defaulting party must invoke it
- It cannot be raised ex officio by the judge
- It must be raised in limine litisbefore any defence on the merits
Case law specifies that only the defaulting party may invoke this right. In a ruling dated 9 November 2006, the Cour de cassation confirmed this principle. The other party cannot invoke this sanction.
The proceedings may nevertheless be resumed. Article 478 provides for this possibility "after reiteration of the initial summons". This new summons restarts the proceedings on the same basis.
The initial writ of summons retains its effect of interrupting the limitation period despite the fact that the judgment is null and void. The Court of Cassation confirmed this in a ruling dated 18 December 2008.
Special cases and exceptions
Notification abroad follows specific rules. Articles 683 to 688 of the Code govern this procedure. Service is made on the public prosecutor and then transmitted by diplomatic or consular channels.
Some jurisdictions apply special rules:
- Commercial court upholds general scheme
- The industrial tribunal adapts to the principle of a single instance
Court of Cassation rulings are not covered by this system. A decision of 2 March 2000 settled the question. Lapse for failure to notify within six months does not apply to decisions of the high court.
In the event of indivisibility between several parties, case law has clarified the rules. In a decision dated 27 March 1996, the Cour de cassation ruled that the penalty may be invoked by all the parties concerned by the indivisibility.
Strategies and precautions
Respecting the notification deadline can determine the final outcome of your case. To master all the steps following the pronouncement of a judgmentA precise analysis of your situation will enable us to identify the most appropriate strategies.
For the successful claimant:
- Notify quickly, ideally within one month of the judgment
- Use a secure method of service to reach the faulty party
- Keep proof of notification
For the defaulting defendant:
- Immediately check the date of the judgment on receipt of service
- Precise calculation of the six-month period
- Raising the plea before any defence on the merits
Service prevents the judgment from being declared null and void. The Court of Cassation confirmed this in a ruling dated 26 June 2008. By serving the decision itself, the defaulting party acknowledges its existence.
An appeal lodged by the defaulting party entails waiver of the benefit of Article 478. A judgment of 15 November 2012 clearly established this. On the other hand, if the appeal is lodged by the party in default, the defaulting party retains the possibility of invoking the nullity of the judgment.
A detailed analysis of your situation will help us to identify the most appropriate strategies. Our firm can help you to manage procedures for enforcing judgments and secure your rights.
Sources
- Code of Civil Procedure, articles 478 and 479
- Code of civil procedure, articles 683 to 688 (service abroad)
- Court of Cassation, 2nd Civil Division, 14 September 2023, no. 21-23.793
- Court of Cassation, 2nd Civil Chamber, 17 May 2018, no. 17-17.409
- Court of Cassation, 2nd Civil Division, 26 June 2008, No. 07-14.688
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