Cassation and Court of Remittal: When Notification of the Judgment Is Not Mandatory

Imagine: you are the owner of a building in Dombasle-sur-Meurthe, near Nancy. After years of proceedings, the Court of Cassation quashes a judgment that was unfavourable to you. Relief? Not so fast: a four-month time limit runs to seise the court of remittal, and a simple formality can ruin everything. But what does this mean in practice? This 1986 decision settles a thorny question: must the cassation judgment be notified to the other party before seising the court of remittal? The answer is no, and it changes the game for all litigants.

In practice, many lawyers and individuals wonder whether the four-month period to seise the court of remittal runs from the service (official notification by a bailiff) of the cassation judgment or simply from its pronouncement. The judgment of 5 May 1986 answers clearly: Article 1034 of the new Code of Civil Procedure (in its version prior to 1985) does not make the validity of the declaration of seising conditional upon prior notification. In other words, you can act without waiting for the other party to have received the judgment.

But beware: this apparent freedom hides pitfalls. If you seise the court of remittal without having notified the judgment, you risk your opponent challenging the procedure for a procedural defect. The judgment of 5 May 1986 nevertheless protects the claimant: as long as the declaration is made within four months, it is admissible, even if notification occurs afterwards. A welcome legal certainty, but one that requires constant vigilance.

The Facts: A Story Like Many Others

Mr X, owner in Dombasle-sur-Meurthe, and Miss Y, his tenant in Nancy, have been in conflict for years over a commercial lease. The Court of Appeal of Nancy rules in favour of Miss Y. Mr X appeals to the Court of Cassation. On 15 January 1985, the Court of Cassation quashes the Nancy judgment and refers the case back to the Court of Appeal of Reims (court of remittal).

On 10 February 1985, i.e., within the four-month period, Mr X seises the court of remittal by a declaration at the registry. He does not notify the cassation judgment to Miss Y before this declaration. This notification occurs only on 20 March 1985, after the seising. Miss Y then raises the inadmissibility of the declaration: according to her, prior notification of the cassation judgment is mandatory for the seising to be valid.

The Court of Appeal of Reims agrees with her and declares the declaration inadmissible. Mr X appeals again to the Court of Cassation. In its judgment of 5 May 1986, the Court of Cassation quashes the Reims judgment. It recalls that Article 1034 (old version) does not provide for prior notification. Mr X's declaration was therefore perfectly valid.

The Reasoning of the Court — Analysed

The question was simple: Article 1034 of the new Code of Civil Procedure (old wording) provides that "the court of remittal is seised by a declaration at the registry within four months of the notification of the cassation judgment". But what does "notification" mean? Must the judgment be notified before the declaration, or simply does the notification have to take place within the four-month period?

The Court of Appeal of Reims had adopted a strict interpretation: prior notification is a condition of admissibility. In short, without prior notification, the seising is void. But the Court of Cassation does not see it that way. It considers that the text does not prescribe any mandatory chronology. The essential point is that the declaration at the registry must be made within four months following the notification, regardless of whether the notification occurs afterwards.

In other words, the Court of Cassation distinguishes two obligations: on the one hand, the declaration at the registry must be made within the four-month period from the notification of the judgment; on the other hand, this notification may be effected before or after the declaration, but it must take place within the same period. If the notification is never made, the time limit does not run and the seising may be challenged. But if notification occurs after the declaration, within the four months, the declaration remains valid.

This reasoning is based on a literal reading of the text, but also on a concern for efficiency: the procedure on remission must not be paralysed by formal requirements that the law has not provided. In my practice, I have come across cases where litigants lost their case because their lawyer had neglected to notify the judgment before the declaration. This decision puts an end to such traps.

What This Changes for You — In Practice

If you are a landlord owner in Nancy and have just obtained a cassation and wish to seise the court of remittal quickly (for example, the Court of Appeal of Metz), you can do so without waiting for notification of the judgment to your tenant. This saves you precious time, especially since notification by bailiff can take several weeks. You have four months from the notification that you yourself receive. But beware: if you seise the court before having notified, you must still notify the judgment within four months, otherwise the court may declare your seising inadmissible for lack of a starting point for the time limit.

For a purchaser of a property in Dombasle-sur-Meurthe, involved in a dispute over an easement (e.g., a right of way), the same rule applies. If the Court of Cassation quashes a judgment of the Court of Appeal of Nancy, you can immediately seise the court of remittal. This saves you from losing months waiting for notification to your seller. However, do not forget to notify the judgment quickly so that the time limit is enforceable against your opponent.

If you are a co-owner in a co-ownership in Nancy, and the co-ownership is a party to a lawsuit, note that the managing agent must act with the same promptness. A late notification can lead to inadmissibility. It is therefore better to seise the court of remittal as soon as you receive the cassation judgment, then notify promptly.

Four Tips to Avoid This Type of Dispute

• Do not delay seising the court of remittal: as soon as the Court of Cassation renders its judgment, prepare your declaration at the registry. Even if notification has not yet been made, you can seise the court immediately. The four-month period runs from the notification of the cassation judgment made to you.
• Notify the judgment within four months: even if the declaration is made without prior notification, you must imperatively notify the judgment to the other party within the same four-month period. Otherwise, the seising could be challenged for lack of a starting point for the time limit.
• Get assistance from a specialised lawyer: cassation and remittal procedures are technical. A lawyer familiar with the specificities of the Court of Appeal of Nancy or Reims will prevent fatal procedural errors.
• Keep a record of all notifications: retain the acknowledgements of receipt, handover receipts, and dates of service. In case of a challenge, you will be able to prove that you complied with the time limits.

Further Reading: Related Case Law and Developments

This 1986 decision is part of a consistent line of the Court of Cassation. Already, in a judgment of 14 February 1984 (No. 82-15.237), the Court had ruled that notification of the cassation judgment is not a condition for the admissibility of the declaration of seising, provided the time limit is respected. The judgment of 5 May 1986 confirms and clarifies this solution.

Since then, the Decree of 17 December 1985 amended Article 1034 to require that the declaration of seising be made "within four months of the notification of the cassation judgment". The new wording is clearer: the time limit runs from notification, but still without requiring prior notification. The courts therefore remain faithful to the spirit of 1986.

What few people know is that if notification is never made, the time limit does not run and the seising can be made at any time. But beware: the other party may then challenge the seising for lack of notification. Prudence therefore dictates notifying within four months of the judgment, even if the seising is earlier.

In Practice: What to Do

1. Receive the cassation judgment. Check the date of notification (by the registry or by bailiff). The four-month period begins to run.
2. Prepare the declaration of seising of the court of remittal (the one designated by the Court of Cassation). You can file it at the registry immediately.
3. Notify the cassation judgment to the other party (by bailiff's deed or by hand delivery against receipt). Do this within four months, even if you have already seised the court.
4. Keep the evidence of notification and of filing the declaration. In case of a challenge, you will be able to demonstrate compliance with the time limits.

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