Disregards the provisions of

Application pratique:

This case law highlights that appeal judgments must independently set out the parties' submissions. The landlord should verify that the appeal ruling references his written submissions with their date and succinctly outlines his specific appeal arguments. If the judgment fails to do so, he can apply to have it annulled on procedural grounds under Article 455 of the Code of Civil Procedure, ensuring his appeal is properly reconsidered.

Application pratique:

The decision confirms that an appeal court cannot merely echo the lower court's narrative. The buyer should immediately check whether the appeal judgment references her submissions with their filing date and adequately summarises her grounds for appeal. If not, she should lodge a request to set aside the judgment for procedural irregularity, compelling the court to properly address her evidence and arguments regarding the hidden defect.

Application pratique:

Under this case law, the appeal judgment's failure to reference the co-owner's appeal submissions and summarise his arguments breaches Article 455. The co-owner should instruct his solicitor to review the judgment: if it lacks the required indication of the written submissions and their dates, he can file a defect-of-form application, potentially leading to a fresh appeal hearing where his points on voting majorities are properly considered.