The proper conduct of legal proceedings is based on precise rules. One of the most important of these is the notification of procedural documents. This mechanism ensures that a party is informed of the legal action taken against it. An error in this process can invalidate the entire procedure. But how do you know whether a document has been properly served on you?
The location of notifications: a question of accessibility
For individuals
Article 689 of the Code of Civil Procedure (CPC) is clear: notifications are made at the place where the addressee resides. This notion of "dwelling" encompasses both domicile and residence.
Domicile is a person's "principal place of business" (article 102 of the Civil Code). Residence refers to the place where the person is actually located, with a certain degree of stability.
This rule has a practical objective: to actually reach the addressee. A notice sent to an unoccupied second home with no letterbox does not meet this requirement (Civ. 2e, 7 Nov. 1994, no. 93-10.203).
The special case of the elected domicile
Paragraph 3 of article 689 of the CPC provides for an exception: service may be made at the elected domicile where the law permits or requires this.
For example, article 682 of the CPC authorises service of a judgment at the elected domicile in France for a party living abroad.
Please note, however, that the bailiff must inform the interested party of this service by simple letter on the same day or, at the latest, on the first working day (article 658, para. 2 of the CPC).
Service by bailiff: a regulated procedure
Form and compulsory information
Service by bailiff is the most secure method of notification.
The bailiff's deed must contain, on pain of nullity (article 648 of the CPC) :
- Its date
- Full identification of the applicant (surname, first name, profession, address, etc.)
- The bailiff's contact details
- Identifying the recipient
The absence or inaccuracy of these particulars will result in formal nullity. The addressee must prove that this irregularity causes him harm, such as the impossibility of enforcing a judgment (Civ. 2e, 14 June 2001, no. 99-16.582).
The hierarchy of modes of signification
The Code establishes a strict hierarchy between the different methods of service.
Article 654 of the CPC requires that "service must be made personally". This imperative wording shows the priority given to this method of direct service.
If hand delivery is not possible, the bailiff must follow a specific order:
- Service at home with delivery to a person present
- Service at the bailiff's office
- Unsuccessful search report
From personal service to unsuccessful search reports
To switch from one mode to the other, the bailiff must justify his diligence.
Article 655(2) of the CPC requires the bailiff to describe "the steps he has taken to effect service on the addressee and the circumstances in which it was impossible to effect such service".
These particulars must appear in the document itself. Subsequent declarations cannot validate an irregular service (Civ. 2e, 3 Oct. 1979, Bull. civ. II, no. 231).
If no service is possible, the bailiff will draw up a report of unsuccessful searches (article 659 of the CPC). He then sends the addressee, at his last known address, a copy by registered letter with acknowledgement of receipt.
Ordinary notification: a simplified alternative
Required information
Ordinary service is a more flexible alternative to service by bailiff.
Article 665 of the CPC nevertheless imposes certain compulsory particulars:
- Full identification of the sender
- Its domicile or registered office
- Full identification of the recipient
These particulars are required on pain of nullity (article 693 of the CPC), subject to a complaint (Civ. 2e, 26 May 1979, Bull. civ. II, no. 140).
Effects of this notification
Notification is made in a sealed envelope, either by post or by direct delivery against a receipt (article 667 of the CPC).
It is deemed to have been made in person when the notice of receipt is signed by the addressee himself (article 670, paragraph 1 of the CPC).
If the notice is not signed in accordance with the conditions laid down, the court secretariat invites the party to proceed by way of service (article 670-1 of the CPC).
The practical challenges of notification
The rules on notification are not mere administrative formalities. They protect the fundamental right to a fair trial.
Improper notification can have serious consequences:
- Nullity of procedure
- Impossibility of enforcing a decision
- Forfeiture of rights
In the case of Popovitsi v Greece (ECHR, 14 Jan 2010, no. 53451/07), the European Court of Human Rights penalised a State for failing to take all the necessary steps to trace the address of the addressee of a document.
These technical rules may seem complex. But they ensure that no one can be tried without having had a real opportunity to defend themselves.
If you have any doubts about the validity of a notification received, do not hesitate to consult our firm. Checking these technical points can sometimes enable you to reopen deadlines that you thought had expired or to challenge proceedings brought against you.
Sources
- Code of Civil Procedure, articles 42, 43, 648 to 693
- Civil Code, articles 102 to 111
- Civ. 2e, 7 Nov. 1994, no. 93-10.203, Bull. civ. II, no. 227
- Civ. 2e, 14 June 2001, no. 99-16.582, Bull. civ. II, no. 117
- Civ. 2e, 3 Oct. 1979, Bull. civ. II, no. 231
- ECHR, 14 Jan. 2010, no. 53451/07, Popovitsi v/ Greece
- CHAINAIS, FERRAND and GUINCHARD, Civil Procedure, 33rd ed. 2016, Précis Dalloz
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