Is there a time limit to appeal against a decision taken by the Tribunal de Grand Instance court
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A claim was made in the Tribunal de Grand Instance de Versailles. The Court's decision was unfavourable in that the particular claim was denied (something to do with Public order was given as the reason). Can we appeal? The decision was given on October 2010.
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Under the French civil procedure code, an appeal against a decision of the Tribunal de Grande Instance lies before the Cour d'Appel. Under article 538 of the civil procedure code, an appeal must be made within one month of the court judgment.
Article 540 provides an exception where the defendant was not made aware of the judgment not due to any fault of his own or where it was not possible for the defendant to lodge an appeal (eg. due to illness). However, Article 540 requires the defendant to obtain permission of the court to be able to lodge an appeal. Furthermore Article 540 places an absolute time limit of two months from the date of the defendant being made aware of the judgment or two months from the date when the judgment was enforced. In all cases the defendant must prove that he was not made aware of the judgment or that it was not possible for him to act.
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Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
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