Certificat de non pourvoi et Cour de cassation


(Wendy Wise) #1

Hi, We have just come through five years of torment with the neighbour from hell. The appeal is now over and we have accepted the verdict. The lawyer says we will get the certificat de non pourvoi, but I don’t know what it signifies. If adversary decides to go the cour de cassation ,is it only the awarding of costs which they can alter?



Thank you.


(Wendy Wise) #2

Thank-you so much Guillaume. This has been such a nightmare, partly because, apart from a brief interview with our lawyer before she had received our file, we have been unable to speak to her, even though she promised to come and see the subject of the dispute…old wall and window. She never came and we have felt excluded from the whole process. The lawyer is being paid for by our insurance company, so we wondered if we’re getting a second class service compared to what she would have given had we been paying ourselves.


(Guillaume Barlet-Batada) #3

@Wendy Wise

Dear Wendy,

The “certificat de non-pourvoi” is a statement issued by the Cour de cassation confirming that the Court of appeal decision made has not been appealed during the time the party had a right to do so. This statement allows the enforcement of the Court decision ensuring that it will not be appealed.

If the other party decides (and is entitled) to pursue the proceedings with the Cour de cassation, the judge can only confirm or challenge a question of law (not facts relating to the case). This means that the Cour de cassation will not “re-judge” but will only check if the Court of appeal had correctly applied the law. However, if the Cour de cassation decides that a point of law has not been correctly enforced and should compensation awarded by the Court of appeal be influenced in that respect, the Cour de cassation will usually decide that the matter requires to be heard again by a different Court of appeal.

In short: the Cour de cassation will not change the decision but may request that another Court of appeal hears the parties again and consequently, any compensation/costs may be modified.

I hope this helps.