Appeal (appel)

An appeal is the ordinary means of recourse by which a party brings a first-instance judgment before the court of appeal in order to have it varied or set aside, under Article 542 of the French Code of Civil Procedure. It differs from an appeal to the Court of Cassation, which is confined to points of law. The time limit is in principle one month in contentious matters and fifteen days against summary orders, running from service of the decision.

Devolutive effect

The appeal reopens the case before the court of appeal, so that it may be decided afresh on the facts and the law. It refers to the court, however, only the heads of the judgment expressly challenged and those that depend on them. New claims are in principle inadmissible, except to plead set-off, to defeat the opposing party’s claims or to have the court rule on issues arising from the intervention of a third party or from the occurrence or discovery of a fact. New arguments and new exhibits, by contrast, remain admissible.

Procedure before the court of appeal

The procedure with mandatory representation imposes short time limits for filing submissions, sanctioned by the lapse of the notice of appeal or the inadmissibility of the submissions, and requires all claims to be set out in the first submissions. These rules were amended by a decree of December 2023, applicable to appeals brought on or after 1 September 2024. The appeal does not suspend enforcement where the judgment benefits from provisional enforcement, which is now automatic, and only the first president can then stay enforcement. In patent matters, appeals against decisions of the Paris Judicial Court are heard by the Paris Court of Appeal.

Appeals before the UPC

Before the Unified Patent Court, an appeal against a decision on the merits is lodged within two months of its notification, and the statement of grounds within four months, before the UPC Court of Appeal sitting in Luxembourg. Certain orders, in particular those concerning provisional or evidentiary measures, may be appealed within fifteen days, while others may be appealed only together with the final decision or with leave. New facts and evidence are admitted only restrictively.

Key points

An appeal is prepared from the moment the judgment is served, since service triggers a short time limit. Check immediately which heads of the judgment to challenge, as the notice of appeal defines the scope of the court’s jurisdiction. All claims should be gathered in the first submissions and, if enforcement of the judgment threatens the business, an application should be made without delay to the first president to stay provisional enforcement.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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