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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I have a question about French (where I live) law. It is perhaps

Resolved Question:

I have a question about French (where I live) law. It is perhaps as much about human rights. A friend is in a horrific position - she bought a house here in France and after all the legal processes found there was an unknown and immoveable lodger in the house. It was clearly fraud by the sellers of the house not to declare this. Cutting a long story short she has been through many channels to seek redress against the sellers, the advocat who conveyed the house etc.. She has been refused legal aid (despite zero funds), she has been fobbed off by Members of Parliament, MEPs et al. She has been reduced to living in a tent with her family.

Her question is: "We were given leave to Appeal by the Cour d'Appel justices, in December 2009, to the Cour de Cassation, Paris. We have not been able to proceed because our legal aid application was rejected by the Bureau d'Aide, despite the fact that we submitted all requested documents and our total income (Pensions) is well below the threshold. We received a letter informing us of the rejection in February 2013. We have contact details for a specialist Cour de Cassation avocat who agreed to take our Case when we first applied for legal aid in 2010.

Q. If we raise the necessary funds, are we still able to proceed to the Cour de Cassation, or, are we out of time?"

Please advise.
Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

No I will wait thanks.

Expert:  Fran-mod replied 1 year ago.
Hello Ben,

Thank you for your patience. We will continue the search for a Professional for you.
Expert:  T Perrin C replied 1 year ago.
A pourvoi en Cassation, in civil matters, is to be done within two months of notification of the Appeals court ruling. This deadline is extended to three months for persons living in overseas French territories and to four months for persons living abroad.

When French jurisdictions cannot be seized anymore, the only recourse is to seize the EUCJ in Luxembourg.
Customer: replied 1 year ago.

Sorry not to reply, I am waiting for the person I was talking about to react to your comment. Ben H

Customer: replied 1 year ago.

My friend has asked the following:


 


"


The last communication we received from the Cour de Cassation Bureau d'Aide was dated end of October 2012. But, as the Bureau was aware, we are not able to receive mail at the house, must wait for it to be forwarded to wherever we can provide an address in France. So, we did not receive the letter until February 2013.

Are we out of time to take our Case to Luxembourg?"
Expert:  T Perrin C replied 1 year ago.
Taking your case to European Court is only an option when you have exhausted all legal recourses in France which is the case if your case cannot be admitted to Cassation. You have six months to take your case to the EC after the last ruling concerning your case. Which, from your expose of the case would have been the Cour d'Appel's decision of 2010.

Legal aid for Cassation has nothing to do with the European court or the core of the matter. It is only an administrative decision. The question is: was the Cour de Cassation seized of the case within 2 months of the Cour d'Appels' decision (even if the case has been dormant since because of the legal aid matter). It would seem so or the Cour de Cassation legal aid bureau's examining your friend's request in Oct 12 would have made no sense. On what purpose did they reject it?
This would leave you with the obligation of pursuing in Cassation without legal aid before you can take the matter to the European level.

Customer: replied 1 year ago.

Her reply is:


 


Yes, the Cour de Cassation was seized within 2 months of the Cour d'Appel's decision. A specialist Cour de Cassation avocat was contacted and he accepted our Case. Our application for legal aid was rejected because the Bureau d'Aide stated that we did not submit the necessary documents for assessment. We did submit the documents and they were posted LRAR, the receipts were received by us. We heard nothing for over two years, although we have recently been informed that our avocat and the specialist avocat were both informed in July 2010 that our application had been rejected and we were out of time. We were not so informed. A letter was sent to the house in dispute, where we cannot live, at the end of October 2012; the letter was sent by the Bureau d'Aide and they invited us to reapply for legal aid. That letter did not reach us until February 2013, it had been forwarded to us by a neighbour in the village where our house is located. Our friend, who speaks fluent French, telephoned the Bureau d'Aide immediately and was told we had requested to reapply. We had not, we did not know until that point that our original application had been rejected in July 2010. The clerk told our friend we had not submitted any necessary documents, LRAR envelopes are not proof of contents. Our friend told the clerk we had submitted all necessary documents. The clerk became very angry, she shouted at our friend that we were out of time and she then disconnected the call.

Customer: replied 1 year ago.

My friend has this last question please -

"My question was (is!) are we out of time to file at the EUCJ? A straight forward yes or no would give us our next steps."

Expert:  T Perrin C replied 1 year ago.
One cannot honestly say plainly yes or no without reading the entire procedure and, at the very minimum all exchanges with the Cour de Cassation legal aid bureau.
In all likelihood though, the answer would be no.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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