French Code of civil procedure
In forceThe provisions specific to appeals on points of law are those of the following articles of the Electoral Code:
Art. R. 19-1 .-An appeal on points of law shall be lodged within ten days of notification of the decision of the judicial court. In all cases, the prefect is entitled to lodge the appeal. It does not have suspensive effect.
Art. R. 19-2 -An appeal is lodged by means of an oral or written statement that the party or any authorised representative makes, delivers or sends by registered post either to the registry of the court that handed down the contested decision or to the registry of the Court of Cassation.
The statement shall state the surname, forenames and address of the appellant and, where applicable, the surname, forenames and address of the respondent(s) to the appeal.
On pain of inadmissibility of the appeal, pronounced ex officio, the statement must contain a statement of the grounds of appeal relied upon and be accompanied by a copy of the contested decision.
Art. R. 19-3.-The registry that receives the appeal registers it. It shall mention the date on which the appeal is lodged and issue or send by ordinary letter a receipt for the declaration. If there is a defendant, the registry that received the appeal shall immediately send him a copy of the statement by registered letter with acknowledgement of receipt. This notification reproduces the content of article R. 19-5.
Art. R. 19-4 -Where the appeal has been lodged with the judicial court, the clerk's office of that court immediately transmits to the clerk's office of the Cour de cassation the case file with the statement or a copy thereof, the copy of the contested decision as well as the documents relating to the notification thereof and, if there is a defendant, the documents relating to the notification of the appeal to the latter. He will forward to the clerk's office of the Cour de cassation any documents received subsequently.
Where the appeal has been lodged with the Court of Cassation, the Registry of the Court of Cassation shall immediately request the case file and the documents relating to the contested decision from the Registry of the court which handed down the decision.
Art. R. 19-5 -On receiving a copy of the statement of appeal, the respondent to the appeal shall without delay send a statement in response to the Registry of the Court of Cassation against a receipt or by registered letter. He shall send a copy to the appellant.
Art. R. 19-6 .-The parties are exempted from the requirement to be represented by a lawyer at the Conseil d'Etat and the Cour de cassation. If the parties or one of them appoints a lawyer to the Council of State and the Court of Cassation to represent them, the provisions of articles 974 to 982 of the Code of Civil Procedure do not apply.
When a lawyer at the Conseil d'Etat and the Cour de cassation has declared to the clerk's office of the Cour de cassation that he is representing a party, the copy of the statement of case may be served on that lawyer, if necessary by notification between lawyers. The delivery to the lawyer, against a receipt, of a copy of the pleading, bearing the date stamp of the registry, is equivalent to notification.
