Collo vs McDo

Legal concepts

The appeal to the Court of Cassation and non-admission

The Court of Cassation judges judgments, not cases. And since 2002, it can dismiss an appeal without giving reasons: this is non-admission.

In brief

  • The Court of Cassation (France's highest court) does not retry the facts: it reviews whether the decision challenged complies with the law.
  • Article 1014 of the Code of Civil Procedure: a restricted panel of three judges may dismiss an appeal that is inadmissible or “manifestly not such as to lead to cassation”.
  • The procedure was created by Institutional Act no. 2001-539 of 25 June 2001, which came into force on 1st January 2002.
  • ⚠️ A non-admission is not an endorsement of the judgment challenged: it merely makes it final.

The appeal to the Court of Cassation is not a third level of jurisdiction. The Court does not re-examine the facts; it checks that the lower courts applied the law correctly. If it quashes, it remands the case to another court of appeal.

Non-admission is a filter. Introduced to relieve the Court's backlog, it allows a panel of three judges to dismiss, after the briefs have been filed, an appeal that is inadmissible or lacks any serious ground — without detailed reasoning.

The wording matters. Writing that “the Court of Cassation upheld the judgment” is inaccurate: it upheld nothing. It considered that no ground justified examination. The appeal judgment simply becomes irrevocable.

That is what happened on 10 May 2002 in the Collorafi case: the appeal was declared non-admitted, which made the judgment of the Paris Court of Appeal of 8 March 2000 final.

Sources

External sources.

  1. Code of Civil Procedure, Article 1014 — Légifrance
  2. Institutional Act no. 2001-539 of 25 June 2001 — Légifrance

Where this comes up in the case file

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