Challenging a civil or criminal judgment: appeal in cassation

Verified 01 October 2026 - Public Service / (Prime Minister), Ministry of Justice

If you wish to dispute a shutdown or a judgment rendered in last resort, you must form a appeal on a point of law. The Court of Cassation, which is a single jurisdiction in France, does not judge the facts that oppose you to your opponent. It rules on compliance with the law, that is to say, it verifies that the judges have applied the correct rule of law. We explain the procedure in the context of a civil or criminal case.

Civil case

The Court of Cassation is composed of 3 civil chambers, of a commercial chamber and a social chamber. The latter is responsible for appeals lodged following a decision handed down by a labor court or the social chamber of an appeal court.

The appeal in cassation is a remedy exceptional.

On an appeal in cassation, the facts are not re-examined. The Court of Cassation is not completely reconsidering the case. It rules on compliance with the law, i.e. it checks whether the judges have applied the correct rule of law or whether the procedure has been followed. For example, she won't try to find out if it was your neighbor's dog that bit you.

We are talking about decision on form, because the Court of Cassation is not a 3e level of judgment (after first instance and appeal).

You can file an appeal in the following cases :

  • Violation of the right, including European and international texts (misapplication or misinterpretation). For example, you feel that the judgment infringes your right to privacy.
  • Breach of procedure. For example, if you think that the assignment that was issued to you was not written correctly.
  • Lack of legal basis if you feel that the court's decision does not cite the sections of the law that justify its decision.
  • Failure to state reasons for the decision. For example, you feel that the court has not clearly indicated the facts on which it bases its decision (evidence, testimony...).)
  • Contradiction between 2 judgments (upset of judgments). For example, a 1er judgment found that you had to pay a sum to your landlord and a 2nd considered the lease illegal.
    There may also be a conflict between a civil judgment and a criminal judgment. For example, a 1er civil judgment ruled that you had to pay a sum to an overturned pedestrian and a 2nd convicted the pedestrian concerned for forging a medical certificate. The appeal is then directed against the 2 decisions even if the 1re has already been the subject of an appeal in cassation.

In an appeal, you are only challenging the decision concerning you and not a law.

The challenge of the law itself remains possible through the procedure of the priority constitutional question (QPC).

The parties (applicant, defendant) may appeal to the Court of Cassation.

The attorney general the Court of Cassation may also refer the matter to the Court if it considers that a court decision is contrary to the law.

You can appeal against the following decisions :

  • Shutdown issued by a court of appeal, if you believe that it is contrary to the rules of law or that the procedure has not been followed
  • Decision rendered as a last resort, i.e. a decision for which an appeal is impossible, in particular because the dispute is below €5,000
  • Decision rendered followingopposition (in the case of a default judgment) which is contrary to the rules of law. The judgment is rendered default if you were not aware of the date of the hearing and you were not present or represented by an authorized person (lawyer, spouse...) at this hearing.

The lawyer is mandatory before the Court of Cassation.

Exception: en matters of political election (President of the Republic, Member of Parliament...) or professional (staff representative, member of the labor court...),) the lawyer is not mandatory.

Before the Court of Cassation, only lawyers at the Court of Cassation and the Council of State are empowered to defend you. They have a monopoly on the representation and defense of persons before the Court of Cassation.

If you cannot find a lawyer, you can contact the President of the Bar Association, the Council of State and the Court of Cassation, who will appoint one.

Filing of the statement of appeal

The statement of appeal is made in 2 different ways depending on whether the lawyer is mandatory or not in the proceedings:

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Lawyer required

Statement of appeal

Your lawyer gives a appeal statement at the Registry of the Court in as many copies as there are opponents, plus 2 copies.

It shall contain the following information:

  • Names, forenames and domicile of appellant
  • Names, first names and domicile of your opponent (defense on appeal)
  • Contested decision specifying the contested element(s)
  • Act of incorporation of your lawyer at the Court of Cassation.

It is signed by your lawyer at the Court of Cassation.

Delivery shall be recorded by the date and the approval of the Registrar on each copy of the declaration. A copy shall be returned to the lawyer.

The Registrar shall immediately send your opponent a copy of the statement of appeal in a simple letter.

If the simple letter is returned to the Court of Cassation, the registrar notifies your lawyer who must proceed to the meaning of that statement of appeal to your opponent.

Deadline for filing an appeal in cassation

The filing of the declaration must be done within 2 months from the day the decision was made to you served.

This period is increased by1 month for persons (applicant and defendant) residing overseas.

For persons residing abroad, this period is increased by 2 months.

The time limit for bringing an appeal may be shorter:

  • 15 days for judicial divorces by mutual consent
  • 10 days for political and professional elections.

Please note

For judgments and judgments rendered in absentia (in the absence of at least one party), the filing of the declaration must be made within 2 months from the end of the opposition period.

Lawyer not required

Statement of appeal

You must file or send a statement of appeal to the Registry of the Court of Cassation by registered letter with request for acknowledgement of receipt.

It shall contain the following information:

  • Names, forenames and domicile of appellant
  • Names, first names and domicile of your opponent (respondent to the appeal)
  • Contested decision specifying the contested element(s) (means)
  • Possible contact details of your lawyer or representative.

It must be dated and signed.

If you drop copies of your statement of appeal, the Registrar shall register your appeal. It shall affix the date and immediately issue you with a receipt for the declaration.

If you send After your appeal has been lodged by post, the Registrar shall send you the receipt by registered letter with a request for acknowledgement of receipt.

He immediately sends your opponent a copy of this declaration by registered letter with acknowledgement of receipt.

At the same time, it requests that the file be sent to the registry of the court which issued the contested decision.

Deadline for filing an appeal in cassation

The filing of the declaration must be done within 2 months from the day the decision was made to you notified by the registry of the court which issued the contested decision.

This period is increased by1 month for persons (applicant and defendant) residing overseas.

For persons residing abroad, this period is increased by 2 months.

For the judgments and judgments rendered in absentia (in the absence of at least one party), the declaration must be filed in the 2 months from the end of opposition period.

Please note

There is no maximum time limit when the ground for cassation invoked is a contradiction of judgments, that is to say an opposition between two judicial decisions rendered on the same subject.

Submission of the brief

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Lawyer required

As from the statement of appeal, your lawyer has a period of 4 months to file with the registry the memory in demand.

This brief says amplifying memory presents your means and your arguments.

As soon as the amplifying memory is deposited, your opponent has 2 months to establish a defense to contest the means presented and possibly to form a cross-appeal.

During this phase of investigation, it may happen that one party considers it useful to respond to the other by establishing a rejoinder.

Lawyer not required

As from the statement of appeal, you have a period of 3 months to file with the Registry a memory.

Then your opponent has a time limit of 2 months to file a memory in response by registered letter with request for acknowledgement of receipt or by depositing it at the Registry against receipt. It may optionally form a cross-appeal.

However, if you file your brief at the same time as your appeal, your opponent has 3 months to resubmit a response and possibly form a cross-appeal. This period shall run from the receipt by the Registry of the declaration.

The appeal in cassation do not suspend the decision pronounced which must be executed as it has been returned.

He is not suspensive as regards divorce and nationality. In this case, the decision rendered is not executed.

The case can be delisted pending cases if the appealing party does not substantiate that it has enforced the decision when it is in a position to do so.

On expiry of the period of 2 years from pronunciation of such removal, if the decision has not been complied with in part or in full, the court shall terminate the proceedings.

The Court of Cassation examines the case in public session. Access to hearings is open to all interested persons.

Your case is examined by 1 of the 5 chambers dealing with the litigation civil law (3 civil chambers, 1 social chamber and 1 commercial chamber).

The judges of the Court of Cassation are called advisors or referendum advisors.

The most complex cases that have resulted in different solutions before the courts of appeal and before the chambers of the Court of Cassation are tried by the plenary assembly.

Your lawyer will be able to speak to complete your brief.

You may be present, but you will not be allowed to speak.

When you intervene without a lawyer before the Court of Cassation, you will be heard by authorization of the president.

At the end of the hearing, the Chairperson shall indicate the date on which the decision is rendered.

FYI  

After the submission of written pleadings, the President of the Chamber may designate a mediator in order to find an amicable solution to the conflict. It must obtain the agreement of the parties and the opinion of the Attorney General if necessary. It sets the duration of the mediation according to the scheduled hearing date.

The decisions of the Court of Cassation are appealed stops.

The Court of Cassation can agree with you. In this case, there is quashing.

If the Court of Cassation finds you wrong, it discard your appeal.

If, after reflection, you no longer wish to continue the procedure before the Court of Cassation, you can desist. Withdrawal shall be effected by order of the first president or the magistrate of the chamber to which the case has been distributed.

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The Court of Cassation agrees with you

The Court of Cassation breakageannuls the contested decision. It makes a judgment of cassation.

It can break it completely (total breakage): all elements of the decision are then annulled.

It can also partially break it (partial cassation): some elements are canceled, others are maintained. For example, it can maintain the damages what must you pay your mason, but cancel the mandatory resumption of works.

In the majority of cases, the case must be retried.

It's a new court that will try the case only on canceled points. In this case, the Court of Cassation designates in its judgment the court responsible for retrying the case. For example, if you have challenged a decision of the Court of Appeal of Amiens, the case may be retried by the Court of Appeal of Douai.

More rarely, the case may be retried by the same court but composed of judges other than those who tried the contested decision.

The Court of Cassation may also decide to terminate the case. We are talking about cassation without referral. This is the case when the Court of Cassation considers that it can itself apply the law and settle the dispute between the parties.

The Court of Cassation is wrong

Your appeal is dismissed. The Court of Cassation issues a rejection stop. The contested decision is final and must be executed in full.

There is no longer any recourse outside the appeal for review.

FYI  

When all remedies under French law have been exhausted and a right protected by the European Convention on Human Rights has been violated, you can refer the case to the European Court of Human Rights. The seizure must be made in the 4 months following the last decision rendered.

For the proceedings without representation by counsel, the decision of the Court of Cassation is notified by registered letter with acknowledgement of receipt to the parties.

For decisions of rejection or cassation without referral, they shall be sent to the parties by simple letter.

A copy of the judgment shall be sent to the court from which the decision under appeal emanates.

For the procedures with mandatory representation by lawyer, the decision of the Court of Cassation is first addressed to the lawyers who notify each other. Then the lawyers give it to the parties.

The procedure is free of charge.

You must, however pay the fees from the lawyer.

If your resources are insufficient to pay the fees from the lawyer, you can apply to benefit from legal aid to cover all or part of these costs.

You must contact the legal aid office of the Court of Cassation.

The application for legal aid to the Court of Cassation is subject to the verification of the existence of a serious means of cassation regardless of your resources. If the grounds for your appeal in cassation are unfounded, your application for legal aid may be refused even if you have low incomes.

FYI  

If you want legal aid to appeal to the Court of Cassation, you must file this application during the period for bringing an appeal. This request will have the effect to interrupt the time-limit for lodging an appeal. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to admit or reject legal aid.

Criminal case

The appeal in cassation following a criminal decision is examined by the criminal chamber of the Court of Cassation. It is located in Paris.

The appeal in cassation is a remedy exceptional.

On an appeal in cassation, the facts are not re-examined. The Court of Cassation is not completely reconsidering the case. It rules on compliance with the law, i.e. it checks whether the judges have applied the correct rule of law or whether the procedure has been followed. For example, she won't look if you were actually drunk at the police check.

We are talking about decision on form, because the Court of Cassation is not a 3e level of judgment (after first instance and appeal).

You can appeal in the following cases:

  • Violation of the right, including European and international texts (misapplication or misinterpretation). For example, you feel that the presumption of innocence has not been respected.
  • Breach of procedure. For example, you think that the direct quote which has been issued to you does not include the mandatory information
  • Lack of legal basis. You feel that the court's decision does not specify the sections of legislation that justify its decision or does not sufficiently explain how it applied the law.
  • Failure to state reasons for the decision. You feel that the court has not clearly indicated the facts on which it bases its decision (evidence, testimony...) or that it contradicts itself.

In an appeal, you are only challenging the decision concerning you and not a law.

Challenging the law itself remains possible by resorting to the priority constitutional question (QPC).

FYI  

Acquittal judgements handed down by the court of assizes or a criminal court may be the subject of an appeal in cassation in the interests of the law. This appeal may not be unfavorable to the acquitted party. She can't be convicted again.

The following persons may appeal to the Court of Cassation:

  • Convicted person or indictment
  • Victim, Civil party
  • Attorney General of the Court of Appeal.

FYI  

The Attorney-General of the Court of Cassation may appeal to the Court of Cassation, ex officio or by formal order of the Minister of Justice, if a decision is contrary to the law or in certain cases, in the sole case interest of the law.

The following decisions may be appealed in cassation:

  • Judgment as a last resort of a criminal or police court for which an appeal is not possible (for example if the penalty incurred is a fine of 1re to the 4e class)
  • Judgment of a court of assizes or a criminal court
  • Judgment of the Examining Chamber (which examines on appeal the decisions of the investigating judge or the judge of liberty and detention).

The lawyer is not mandatory before the Court of Cassation.

If you wish, you can be assisted or represented by a lawyer.

Before the Court of Cassation, only the lawyers at the Council of State or the Court of Cassation are entitled to defend you. They have a monopoly on the representation and defense of persons before the Court of Cassation.

If you cannot find a lawyer, you can contact the President of the Bar Association, the Council of State and the Court of Cassation, who will appoint one.

Filing of the statement of appeal

Statement of appeal

It shall contain the following information:

  • Surname, forenames and domicile of appellant
  • Contact details of the other party (victim, civil party or convicted person)
  • Contested decision, specifying the disputed elements
  • Contact details of your lawyer, if you have one.

The statement of appeal must be dated and signed.

The declaration must be delivered to graft of the court which issued the contested decision. The procedure must be done on site, by you, by your lawyer or by a power of attorney special.

Where the appellant is inmate, he must make his declaration to the director of the prison. The declaration is dated and signed by the prison warden who receives it. It shall send it without delay, in original or in copy, to the registry of the court which issued the contested decision.

For example, if you wish to challenge a decision of the Lyon Court of Appeal, you must file your application with that court.

Who shall I contact

If you instruct a lawyer to file a statement of appeal, it must be a lawyer from the court that issued the decision. However, this lawyer cannot defend you for the rest of the cassation proceedings.

Deadline for filing an appeal in cassation

The lodging of the statement of appeal must take place within 10 clear days.

The period starts on the day following the day on which the contested decision is delivered, where it was delivered after a adversarial debate and that the appellant was present or represented by a lawyer.

The period shall start from meaning of the contested decision where the appellant was neither present nor represented by a lawyer at the hearing at which the decision was delivered. The plaintiff must not have been informed of the date of the hearing at which the judgment was rendered.

The period shall begin from the date of service of the contested decision on the defendant absent at the trial hearing and whose lawyer did not have a mandate to defend him. The same is true when neither he nor his lawyer were present at the hearing.

Warning  

The time limit for lodging an appeal is 3 days press offenses (insult, defamation...).)

For the execution of a European arrest warrant (for a fugitive), the time limit for lodging an appeal is 3 clear days.

The applicant shall notify its use of public prosecutor and to the other parties by registered letter with acknowledgement of receipt in the 3 days.

Submission of the brief

You must then present a memory.

This is a written document detailing your legal arguments (means) against the contested decision.

The brief must be filed by yourself, by a lawyer at the Court of Cassation or by a agent.

You must file your brief with the registry of the court which issued the contested decision.

You can submit your brief at same time that your statement of appeal or in 10 days following.

Who shall I contact

If you have been convicted and the 10 days have passed, you can send your brief directly to the registry of the Court of Cassation in the month which follows the date of the appeal. On the other hand, the other parties will have to contact a lawyer at the Court of Cassation to file the brief.

Who shall I contact

The brief must be filed in as many copies as there are parts (convicted persons, indictments, victims, civil parties).

FYI  

If you have a lawyer who is not a lawyer at the Court of Cassation, he can help you in drafting your brief.

When the public prosecutor on appeal in cassation, he must send his statement to the Court of Justice at the latest 1 month after the date of the appeal.

The appeal in cassation is suspensive. The penalty of imprisonment or a fine is not immediately carried out.

The sentenced person may be placed in pre-trial detention or house arrest under electronic surveillance.

However, civil convictions (the damages and interest due to a civil party, for example) must be executed.

The Court of Cassation examines the case in public session. Access to the hearings of the Court of Cassation is open to any interested person.

Your case is examined by a specialized chamber, the criminal chamber.

The judges of the Court of Cassation are called advisors or referendum advisors.

The most important cases are decided by the plenary assembly.

The procedure varies depending on whether you are represented by a lawyer at the court of cassation.

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With a lawyer at the Court of Cassation

You may be present, but you will not be allowed to speak. Only the lawyer can speak.

The president of the criminal chamber appoints a rapporteur from among the advisers or referendum advisers of the Court of Cassation.

Reports are made at the hearing. Counsel for each party may make oral submissions after the report to supplement their submissions.

The Advocate General, which represents the public prosecutor, whether it relates to its written opinion or whether it presents its requests orally.

If he makes oral submissions, lawyers may reply orally.

The Chair closed the proceedings and indicated the date on which the decision would be rendered.

Without a lawyer at the Court of Cassation

You may be present at the hearing, but you will not be allowed to speak.

The Advocate General, which represents the public prosecutor, shall subsequently indicate whether it relates to its written opinion or whether it wishes to make oral submissions.

After the intervention of theadvocate general, the President shall close the proceedings and indicate the date on which the decision will be taken.

The decisions of the Court of Cassation are called stops.

The Court of Cassation can agree with you. In this case, there is quashing.

If the court finds you wrong, it discard your appeal.

If after reflection, you no longer wish to continue the proceedings before the Court of Cassation, you can opt out. The discontinuance of the appeal shall be established by order of the President of the Criminal Chamber.

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The Court of Cassation agrees with you

The Court of Cassation breakage that is to say, annuls the contested decision. It makes a judgment of cassation.

It can break it completely (total breakage): all elements of the decision are then annulled.

It can also partially break it (partial cassation): some elements are canceled, others are maintained.

Example :

The Court of Cassation partially overturns a decision convicting you of speeding and driving while intoxicated. She can keep the sentence for intoxication but cancel the sentence for speeding.

In the majority of cases, the case must be retried. It is a new court that will judge the case only on the canceled points.

In this case, the Court of Cassation shall designate in its judgment the court responsible for retrying the case. For example, if you have challenged a decision of the Court of Appeal of Amiens, the case may be retried by the Court of Appeal of Douai.

More rarely, the case can also be retried by the same court, composed of judges other than those who judged the contested decision.

The Court of Cassation may also decide to terminate the case. We are talking about cassation without referral. This is the case when the Court of Cassation considers that it can itself apply the law and settle the dispute between the parties.

The Court of Cassation is wrong

Your appeal is dismissed. The contested decision is definitive and must be executed in full.

The Court of Cassation issues a rejection stop.

There is no longer any recourse outside the appeal for review.

The Court may order the appellant (accused person, victim or civil party) to pay the other party a sum to reimburse the costs incurred by him (lawyer's fees, costs of sending briefs...).)

FYI  

When all remedies under French law have been exhausted and a right protected by the European Convention on Human Rights has been violated, you can refer the case to the European Court of Human Rights. The seizure must be made in the 4 months following the last decision rendered.

The judgment which allows the appeal and orders the referral to a new court is issued to the Attorney General of the Court of Cassation within 3 days. It is sent to public prosecutor the court from which the contested decision emanates.

A copy of the judgment and the file shall be sent to the public prosecutor’s office of the referring court. The notification that decision is made to the parties by the public prosecutor’s office of the referring court.

The cessation of rejection or who pronounces cassation without referenceis issued within 3 days to the Attorney General of the Court of Cassation. It shall be sent to the public prosecutor’s office of the court from which the contested decision emanates. This public prosecutor notifies the parties of the decision of the Court of Cassation.

The procedure is free of charge.

If you have mandated a lawyer, you have to pay his fees.

FYI  

A fixed procedural right of €422 must be paid by the party convicted by the Court of Cassation.

If your resources are insufficient to pay the fees from the lawyer, you can apply to benefit from legal aid.

You must contact the Legal Aid Office of the Court of Cassation.

The application for legal aid to the Court of Cassation is subject to the verification of the existence of a serious means of cassation regardless of your resources. For example, if the ground for your appeal in cassation is unfounded, your application for legal aid may be refused even if you have low incomes.

FYI  

If you want legal aid to appeal, you must file this application during the period for bringing an appeal. This request will have the effect ofinterrupt the time limit for lodging an appeal. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to admit or reject legal aid.

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