A party cannot ask the judge

Application pratique:

The Court of Appeal will refuse this request because Article 811 does not allow a party to skip the normal appeal process. You must respect the one-month time limit for lodging an appeal from the date the judgment is served. Immediately instruct your lawyer to file a full appeal (appel) rather than seeking an irregular referral, and ensure all payment records and correspondence are organised to present a complete case.

Application pratique:

This direct referral is illegal under the Cass. civ., No. 02-10.708 ruling: you cannot use Article 811 to circumvent a full appeal. You must instead file a proper appeal within the statutory two-month period (for a judgment served outside France or by bailiff), presenting all grounds for overturning the decision. Gather new expert reports and communicate them through the appeal process, not by seeking a shortcut.

Application pratique:

The appellate judges cannot directly refer the matter back under Article 811 for such corrections: you must challenge the judgment through a conventional appeal (appel) that addresses the substantive legal errors. Since the time limit to appeal is strict (usually one month after service), you should immediately file a notice of appeal (déclaration d’appel) outlining the procedural flaw as one of your grounds, while keeping all co-ownership regulations and meeting minutes ready for the hearing.