There is a fundamental rule to be observed when exercising a right of appeal: time limits must be respected. For an overall understanding of the fundamentals of these deadlines, including their definitions and objectivesIt is essential to know that a day's delay means a lost opportunity to challenge the decision. The time that elapses after a decision is regulated and codified, with particularities depending on the route chosen.
Ordinary remedies
The appeal: one month to act
The appeal allows a second examination of the facts and law of the case. The time limit for lodging an appeal is one month from notification of the judgment (article 538 of the Code of Civil Procedure). This time limit applies to all parties, including the party that served the judgment.
There are specific deadlines for certain subjects:
- 15 days for non-contentious matters (article 538)
- 15 days for summary orders (article 490)
- 15 days for orders of the pre-trial judge (article 776)
- 10 days in collective proceedings (article R. 661-3 of the French Commercial Code)
Beware of the starting point: notification. However, the appeal may be lodged even before notification of the judgment, as confirmed by the Court of Cassation (Civ. 2ᵉ, 21 March 2013, no. 12-16.962).
There is a little-known trap: without notification within two years, a litigant who has appeared loses the right to lodge a main appeal (article 528-1 of the Code of Civil Procedure), a forfeiture of the right to appeal that illustrates the irreversible penalties for failure to meet deadlines.
Opposition: recourse for the defaulting party
Opposition allows the defaulting defendant to return to the court that gave the previous ruling. The time limit is the same as for an appeal: one month from notification of the judgment (article 575 of the Code of Civil Procedure).
This recourse is only available in limited cases, in particular when the defendant has not been summoned in person and the judgment is rendered by default.
Extraordinary remedies
Appeal in cassation: two months to bring the case before the High Court
The aim of an appeal to the Supreme Court is to have the court's decision quashed on the grounds that it does not comply with the rules of law. The time limit is two months from notification of the contested decision (article 612 of the Code of Civil Procedure).
Special features to be aware of:
- Time limit reduced to 15 days for professional elections (article 999)
- 15-day time limit for divorce by mutual consent (article 1103)
- No time limit for an appeal in the interest of the law brought by the public prosecutor's office
An appeal generally has no suspensive effect, with notable exceptions in matters of personal status: nationality (article 1045), declarations of absence (article 1086), divorce (article 1087) and filiation (article 1150).
As in the case of an appeal, a time limit of two years applies: once this period has elapsed without notification, the party who appeared may no longer lodge an appeal (Civ. 2ᵉ, 11 March 1998, no. 96-12.749).
Third-party proceedings: thirty years to challenge the decision
Third-party proceedings are open to third parties affected by a judgment. The time limit is exceptionally long: thirty years (article 586 of the Code of Civil Procedure).
This time limit may be reduced to two months if the third party is notified of the judgment, with a clear indication of the time limit and appeal procedures (article 586, paragraph 3).
There are specific deadlines for certain subjects:
- One year in cases of separation of property (article 1298) or divorce (article 1104)
- Six months for decisions declaring a company null and void (article R. 235-3 of the French Commercial Code)
- One month in collective proceedings (article R. 624-5 of the French Commercial Code)
Application for review: two months from discovery
An application for review allows a case to be re-examined in the event of fraud or false evidence discovered after judgment. The time limit is two months from the day on which the party became aware of the grounds for review (article 596 of the Code of Civil Procedure).
The starting point for this period is specific: it is the party's knowledge of the grounds for review, not the notification of the judgment. The burden of proof lies with the claimant.
An application for review is only admissible if the applicant was unable, through no fault of his own, to put forward the case he is invoking before the decision became final.
Time limits for appeals are an exact science in civil procedure, and it is essential to consult the latest updates on legislation and case law to avoid any surprises. One day's delay can turn a good case into a lost one. The assistance of a lawyer as soon as you are notified of an unfavourable decision enables you toanalyse in detail the remedies available and their respective time limits.
Sources
- Articles 538, 575, 586, 596, 612, 1045, 1086, 1087, 1150 of the Code of Civil Procedure
- Article 528-1 of the Code of Civil Procedure (two-year time limit)
- Articles R. 235-3 and R. 624-5 of the French Commercial Code
- Civ. 2ᵉ, 21 March 2013, no. 12-16.962 (appeal before notification)
- Civ. 2ᵉ, 11 March 1998, no. 96-12.749 (two-year time limit for appeal)
- Y. Strickler, "Délai", Répertoire de procédure civile, February 2019, Dalloz
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