FAQ

The Conseil d’Etat is the highest court in the administrative judicial system.

It is the court of cassation and, in the exercise of this function, ensures that the law is applied correctly and that the lower courts comply with the rules of form and procedure. It also has a duty to verify that the facts of the case have not been misconstrued.

Cases may also be referred directly to the Conseil d’Etat (in the first and last instance) to challenge certain administrative acts, in particular decrees, ministerial regulations and decisions taken by numerous regulatory authorities.

The Conseil d’État also deals with applications for interim relief. It is authorised to hear appeals relating to interim remedies to protect fundamental liberties. It also sits as a court of first and last instance for certain summary proceedings brought directly before it. 

Anyone appearing before the Conseil d’État usually needs to be represented by a lawyer at the Conseil d’État and Court of Cassation. Where this is not the case, it is still possible and advisable. Only lawyers at the Conseil d’État and Court of Cassation can present oral observations at hearings of the Conseil d’État. 

The time limit for lodging an appeal in cassation is two months from the date of notification of the court’s decision, subject to certain specific appeal periods (in particular, 15 days for an appeal against a summary order).

The appeal must be made in the form of an ex parte application, usually followed by additional pleadings. It then undergoes a preliminary admissibility procedure. At the end of this preliminary procedure, the appeal may either be allowed or dismissed without giving reasons.

If the appeal is allowed, the proceedings become adversarial and the other parties involved in the dispute are invited to present their arguments.

At the end of the written discovery stage, and notwithstanding any dismissal orders, a hearing is held during which a reporting judge reads out a statement, proposing impartially to the members of the bench the solution that appears appropriate in the light of the law. This proposal is not binding on the Conseil d’Etat.

The length of the procedure varies considerably depending on the type of dispute and case.

For appeals in cassation, the pre-admission procedure takes an average of about six months from the filing of the application in standard cases. When the appeal is allowed, the duration of the additional proceedings after admission is 6 to 12 months on average.

For appeals decided at first and last instance by the Conseil d’ Etat, the average time between the lodging of the appeal and the decision is between 12 and 18 months.

When the Conseil d’Etat dismisses or rejects an appeal in cassation, the contested decision becomes irrevocable and can no longer be challenged. 

When the Conseil d’Etat upholds an appeal in cassation, thereby quashing the judicial decision referred to it, it may either refer the case back to the judges on the merits for them to rule on the case again, or decide to settle the case itself on the merits and put an end to the litigation. 

The Court of Cassation is the highest court in the judicial system. 

“There is one single Court of Cassation for the whole Republic” (Article 411-1 of the French Code of Judicial Organisation).

The Court of Cassation has several chambers, each of which is responsible for a particular area of litigation. There are five civil divisions and one criminal division.

Whatever the case matter, the Court of Cassation is very specific in the types of appeal it can handle. Its purpose is to ensure that a final decision by a court or court of appeal complies with the rules of law.

There is no re-examination of the facts of the case, but only a review of the legality of the contested decision according to a precise nomenclature of cases opening the way for cassation (violation of the law, excess of power, lack of legal basis, disregard of the principle of contradiction, inadequate statement of reasons, distortion of the written document).

In civil cases, it is compulsory for the parties to be represented by a lawyer at the Conseil d’État and Court of Cassation, barring rare exceptions, in all cassation proceedings. 

In criminal cases, appeals in cassation are not lodged by lawyers at the Conseil d’État and Court of Cassation, but by the parties or their lawyers, at the registry of the court (court of appeal) that handed down the contested decision. For the remainder of the proceedings, representation by a lawyer at the Conseil d’État and Court of Cassation is not compulsory, but is strongly recommended due to the highly technical nature of the cassation proceedings. 

The length of the procedure varies greatly depending on the case. On average, 15 to 18 months elapse between the lodging of an appeal and the decision being handed down.

In civil matters, in the broadest sense (civil, commercial, labour disputes, etc.) and subject to special cases (different time limits, different appeal formalities), the cassation procedure follows the following stages:

• The appeal must be lodged by a lawyer at the Conseil d’État and Court of Cassation within two months of notification of the appealed decision; 
• An appeal may be lodged as a precautionary measure, which allows time for an in-depth study of the appeal’s chances of success, enabling the appellant to make an informed decision as to whether or not to continue with the proceedings; 
• A statement of the grounds of appeal must be filed within four months of the lodging of the appeal; 
• The respondent to the appeal has two months in which to submit a statement in response; 
• The case is heard by the Court of Cassation until a decision is handed down. 

In criminal cases, except in special circumstances (where different deadlines or formalities may apply) and if a lawyer at the Conseil d’État and Court of Cassation has been instructed, the appeal procedure is as follows:

• The appeal must be lodged within five days of delivery of the decision to be appealed (10 days from 30 September 2024, but three days for press matters) at the registry of the court that handed down the decision. The lawyer at the Conseil d’État and Court of Cassation is not responsible for filing this appeal; 
• Depending on the case, a lawyer at the Conseil d’État and Court of Cassation may be appointed within ten days or one month of the appeal;  
• Except in the case of time limits imposed by law (in particular disputes over freedom, referral to the criminal court, European arrest warrant), the Criminal Division of the Court of Cassation sets the time limit for the lawyers at the Conseil d’État and Court of Cassation to file a statement of appeal (statement of claim) setting out the grounds of appeal in support of the appeal and, where appropriate, statements of defence; 
• The case is investigated by the Criminal Division of the Court of Cassation until a decision is handed down.

Lawyers at the Conseil d’État and the Cour de Cassation do not represent individuals before the lower courts (magistrates’ courts, commercial courts, criminal courts, industrial tribunals, courts of appeal, etc.).

On the other hand, they represent individuals, in the same way as barristers, before all the administrative courts under ordinary law (administrative tribunals and administrative courts of appeal) or specialised courts (financial or ordinal courts, for example), as well as before the administrative authorities, including the regulatory authorities (Financial Markets Authority, Competition Authority, Data Protection Agency, Prudential Supervisory Authority, in particular). 

Lawyers at the Conseil d’État and Court of Cassation also appear before the Conseil Constitutionnel and supranational courts (European Court of Human Rights, Court of Justice of the European Union, etc.).

Lastly, lawyers at the Conseil d’État and Court of Cassation can be called upon to provide legal analysis and advice on non-litigious matters.