When a case has been
appealed,and the
Court of Cassation, which has been brought before it by one of the parties to the trial, quashes the judgment or judgment referred to it, the sanction for the irregularity which the Court has accepted is called "cassation". The cancellation may be total or partial, and the file may or may not be the subject of
a referral. The quashing of a judgment of appeal that has imposed convictions on payment entitles the return of the sums paid in the execution of that judgment, excluding those corresponding to the convictions handed down by the trial judgment with provisional execution and confirmed by the broken judgment (2nd Civil Chamber 12 April 2018, appeal
16-23176, BICC No.888 of 1 October 2018 and Legifrance).
The scope of the cassation is determined by the device of the judgment that pronounces it; it also extends to all the provisions of the broken judgment that have a necessary link of indivisibility or dependence. (3rd Civil Chamber 18 February 2021, appeal No.
20-11899, Legifrance). The cassation of the head of the scheme referring the file to the over-indebtedness commission to deal with the debtor's situation results in the cassation, as a result, of the other heads of scheme which do not attach themselves to it a necessary dependency relationship. (2nd Civil Chamber 1 October 2020, appeal No.
19-15613, Legifrance).
When the procedure is done with reference, it is forwarded to a court which the judgment of the Court of Cassaton refers to in the device of its judgment. The practice names this court, "the court of reference." It is generally to the same degree as the one whose decision was overturned. In some cases, however, the referral is ordered and forwarded to the same court but otherwise composed.
In the event of a post-cassation referral, the proceedings continue before the referring court and, after appearing before the courts whose decision has been overturned, one of the parties does not appear, it is deemed to be sticking to the means and claims it had submitted to the court whose decision was overturned and the judge rules by contradictory judgment. As a result, the judgment rendered on removal after cassation is not subject to opposition on the part of a party who appeared before the Court of Appeal whose judgment was overturned. (2nd Chamber October 1, 2020, Appeal No.18-23210, Legifrance)
The cassation results, without the need for a new decision, the annulment by consequence of any decision which is the result of the subsequent, the application or execution of the judgment broken or which is related to it by a necessary dependency. (1st Civil Chamber October 14, 2020, Appeal No.
19-15783, Legifrance).
To say that Mr. X's responsibility... is initiated on the basis of Article L. 111-10 of the Code of Civil Enforcement Procedures, a judgment held that he had carried out the enforced execution at his peril of a judgment on the appeal, constituting an enforceable provisional title that had not been decided on the merits. But it is not important that it has been rendered in the case of a referral, an executed judgment can only give rise to restitution (2nd Civil Chamber 31 January 2019, appeal No.17-28605, BICC No. 903 of 1 June 2019 and Legifrance).