Right Of Appeal
LexInter | December 22, 2003 | 0 Comments

Right Of Appeal

Section I: The right of appeal

Sub-section I: Judgments subject to appeal

Article 543

 The way of appeal is open in all matters, even free, against first instance judgments if it is not otherwise provided.

Article 544

The judgments which decide in their device part of the principal and order an investigative measure or a provisional measure can be immediately appealed to as the judgments which decide all the principal.
It is the same when the judgment ruling on a procedural exception, disqualification or any other incident puts an end to the proceedings.

Article 545

Other judgments can only be appealed independently from judgments on the merits in the cases specified by law.

Sub-section II: The parties

Article 546

The right of appeal belongs to any party which has an interest in it, if it has not waived it.
In free matters, the way of appeal is also open to third parties to whom the judgment has been notified.

Article 547

In contentious matters, the appeal can only be directed against those who were parties at first instance. Anyone who has been party can be a respondent.
In free matters, the appeal is admissible even in the absence of other parties.

Article 548

 The appeal may be dropped incidentally by the respondent both against the appellant and against the other respondents.

Article 549

 The incidental appeal may also emanate, on the main appeal or incident which gives rise to it, from any person, even non-respondent, who was a party at first instance.

Article 550

The incidental appeal or the appeal provoked may be brought in any event, even though the person who lodges it would be barred from acting as a principal. In the latter case, however, it will not be received if the main appeal itself is not admissible.
The court may order damages against those who have refrained, with dilatory intent, from filing their incidental or provoked appeal sufficiently early.

Article 551

 The incidental appeal or the provoked appeal is formed in the same way as the incidental requests are formed.

Article 552

In the event of solidarity or indivisibility with regard to several parties, the appeal filed by one retains the right of appeal of the others, except for the latter to join the proceedings.
In the same cases, an appeal directed against one of the parties reserves the appellant the right to appeal the others to the proceedings.
The court can order ex officio the implication of all the co-interested parties.

Article 553

In the event of indivisibility with regard to several parties, the appeal of one has effect with regard to the others even if the latter have not joined the proceedings; the appeal against one is only admissible if all are called to the proceedings.

Article 554

 Persons who were neither parties nor represented in the first instance or who appeared in another capacity there may intervene in the cause of an appeal if they have an interest in it.

Article 555

These same people can be called before the court, even for the purposes of conviction, when the evolution of the dispute involves their implication.

Article 556

People capable of compromising can drop the call. They can only do so for the rights freely available to them.

Article 557

 The waiver of the appeal cannot be prior to the birth of the dispute.

Article 558

The waiver may be express or result from the unreserved execution of a non-enforceable judgment.
The waiver does not apply if, subsequently, another party itself regularly appeals.

Sub-section III: Miscellaneous provisions

  V ° ABUSIVE PROCEDURE

Article 559

(Decree n ° 2001-373 of April 27, 2001 art. 1 Official Journal of April 29, 2001 in force on January 1, 2002)

In the event of a dilatory or abusive main appeal, the appellant may be sentenced to a civil fine of 15 euros to 1,500 euros, without prejudice to the damages claimed from him.

 This fine, collected separately from the registration fees for the decision pronouncing it, cannot be claimed from the respondents. They can obtain a copy of the decision bearing the enforceable formula without the non-payment of the fine being able to prevent it.

Article 560

The appellate judge may award damages to the person who lodges a main appeal after having abstained, without legitimate reason, from appearing at first instance.

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