Courts of appeal: Court of Appeal and Court of Cassation

The Court of Appeal

The Court of Appeal shall review cases already decided by a court of the judicial order. The files are analyzed on facts and procedure.

It may confirm, amend or set aside the decision of the courts of first instance. The decisions it makes are called stops.

There are 36 courts of appeal in France. Each is competent to review the judgments rendered on its territory (for example, the Paris Court of Appeal is competent in 9 departments, including Paris, Essonne or Seine Saint Denis).

To appeal, you have to respect the precise rules (example: timeliness, legal assistance).

Ministry of Justice

The Court of Cassation

The Court of Cassation is the highest court of the judicial order. There is only one in France (in Paris).

The main competence of the Court of Cassation is to deal with appeals on a point of law formed by a attorney general or by any person who wishes to contest:

• One judgment at first and last instance rendered by a court (for example, civil disputes involving amounts less than or equal to €5,000)

• Or a court of appeal ruling.

In order to bring an action before that court, precise rules (example: timeliness, legal assistance).

The Court of Cassation don't judge the facts but check whether the courts and courts of appeal have respected the law.

That court gives judgments:

• Of rejection where it considers that the appeal in cassation is unfounded and that the substantive courts have respected the law

• of cassation where it considers that the appeal in cassation is justified and that one or more rules of law have been infringed.

The Court of Cassation also has other powers:

• At the request of a court or a court of appeal, it may give an opinion on a question of law
• It verifies the conditions of transmission of a priority constitutional question (QPC) the Constitutional Council are well united.

Court of Cassation