French Civil Procedure: Nouveau Code de Procédure Civile and Appeals

French civil procedure is governed by the Code de procédure civile (CPC), also known as the Nouveau Code de procédure civile (NCPC). The Code establishes the rules for the conduct of civil litigation, from the initiation of proceedings to the enforcement of judgments. French civil procedure is characterised by its written and formal character, the active role of the judge, the principle of the contradictory process (principe de la contradiction), and the availability of multiple avenues of appeal.

The Nouveau Code de Procédure Civile

The Nouveau Code de procédure civile (New Code of Civil Procedure) was adopted by Decree No. 75-1123 of 5 December 1975 and entered into force on 1 January 1976. The Code replaced the earlier Code de procédure civile of 1806, which had been in effect since the Napoleonic period. The new Code modernised French civil procedure, simplifying the procedure and strengthening the role of the judge.

The NCPC is divided into several parts: general provisions (Book I), the procedure before the Tribunal judiciaire (Book II), the procedure before the specialised courts (Book III), the procedure before the Cour d’appel (Book IV), and the enforcement of judgments (Book V). The Code also includes provisions on arbitration, mediation, and international litigation.

The Contradictory Principle

The principe de la contradiction (contradictory principle) is the fundamental principle of French civil procedure. The principle requires that each party have the opportunity to know the case against them and to respond to the arguments and evidence presented by the other party. The judge must ensure that the principle is respected throughout the proceedings.

The contradictory principle applies to: the presentation of arguments; the production of evidence; the submission of documents; and the oral arguments at the hearing. The judge may not base a decision on evidence that has not been communicated to the parties or on arguments that the parties have not had the opportunity to discuss. The violation of the contradictory principle is a ground for appeal.

La Mise en État

The mise en état (case management) is the phase of the procedure during which the case is prepared for trial. The juge de la mise en état (case management judge) is responsible for supervising the preparation of the case, ensuring that the parties exchange their arguments and evidence within the prescribed time limits, and resolving procedural disputes.

The case management judge has extensive powers: setting time limits for the exchange of submissions; ordering the production of documents; ordering expert evidence; and deciding on procedural motions. The judge may also propose a settlement to the parties. The case management phase ends when the case is ready for trial, at which point the judge closes the instruction and sends the case to a hearing.

Judgment Types

The French courts issue several types of judgments. The jugement contradictoire (contradictory judgment) is issued after both parties have had the opportunity to present their arguments. The jugement réputé contradictoire is issued when a party has been properly notified but has not appeared. The jugement par défaut (default judgment) is issued when the defendant has not been properly notified.

The judgment must contain certain elements: the names of the parties; the composition of the court; the submissions of the parties; the reasons for the decision (motifs); and the operative part (dispositif). The judgment must be signed by the president and the clerk. The judgment becomes binding on the parties from the date it is pronounced.

Appeals

The parties have several avenues of appeal. The appel (appeal) is the ordinary avenue of appeal against first-instance judgments. The appeal is heard by the Cour d’appel, which re-examines the facts and the law. The appeal may lead to the confirmation, reversal, or modification of the first-instance judgment.

The opposition (opposition) is a remedy available against a default judgment. The defendant who has not appeared may apply to have the judgment set aside and the case retried. The opposition is available only if the defendant was not personally served with the claim.

The tierce opposition (third-party opposition) is a remedy available to a person who was not a party to the proceedings but whose interests are affected by the judgment. The third party may apply to have the judgment set aside in so far as it affects their interests.

Pourvoi en Cassation

The pourvoi en cassation (appeal in cassation) is an appeal to the Cour de cassation on questions of law only. The Cour de cassation does not re-examine the facts; it reviews whether the lower court correctly applied the law. The pourvoi may be exercised against final judgments of the Cour d’appel and, in certain cases, against first-instance judgments.

The grounds for the pourvoi include: violation of the law; lack of jurisdiction; procedural irregularity; and lack of reasons. The Cour de cassation may quash (casser) the lower court’s decision if it finds a legal error and may remand the case to a different court of appeal. The Cour de cassation may also render the final decision without remand in certain cases.

Enforcement

The enforcement of judgments is governed by Book V of the NCPC and by the Code des procédures civiles d’exécution. The judgment must be served on the party against whom it is enforced before enforcement measures may be taken. The judgment becomes enforceable after the expiration of the time limit for appeal.

The enforcement measures include: saisie-arrêt (garnishment of bank accounts and wages); saisie immobilière (foreclosure on real property); saisie-vente (seizure and sale of personal property); and expulsion (eviction from property). The debtor may apply for a délai de grâce (grace period) or for sursis à l’exécution (stay of execution).

Summary Proceedings

The référé (summary proceedings) is a fast-track procedure for urgent cases. The juge des référés (summary judge) may make interim orders without prejudice to the main case. The summary judge has jurisdiction over: urgent matters; cases where the existence of the obligation is not seriously disputed; and cases involving the prevention of imminent damage.

The summary procedure is rapid and flexible. The judge hears the parties at a hearing and issues an order within a short period. The order is provisional and may be modified or set aside by the court hearing the main case. The summary procedure is widely used in French civil litigation.

Costs and Legal Aid

The costs of civil litigation are governed by the principle that the losing party must pay the costs (dépens). The costs include: the court fees; the costs of service; the expert fees; and the travel expenses of witnesses. The lawyer’s fees are not included in the costs and are the responsibility of the client.

Legal aid (aide juridictionnelle) is available to persons whose income falls below certain thresholds. The legal aid covers all or part of the costs of the proceedings, including the lawyer’s fees. The eligibility for legal aid is determined by the bureau d’aide juridictionnelle (legal aid office).