Understanding a French court judgment: what it decides, your deadlines and what applies now

Read a French judgment in three steps: the heading says who decided, when and between whom; the reasons (motifs) set out the judge’s reasoning; the operative part (dispositif), the final section that usually follows the words « PAR CES MOTIFS », states what is decided. Article 455 of the Code of Civil Procedure requires a judgment to set out each party’s claims and arguments, to give reasons and to state the decision « sous forme de dispositif ».

Start with the dispositif. It is the part that decides, and article 480 gives it res judicata effect (autorité de la chose jugée) from the day the judgment is delivered: the reasons explain the decision, but what binds you is what the dispositif orders. Find each verb (« condamne », orders to pay; « fixe », sets; « déboute », dismisses; « ordonne », orders) and note who owes what to whom, and from when. Then go back to the reasons to see why, and to the heading to check your name, the date and the label « contradictoire », « réputé contradictoire » or « par défaut ».

Yes, as a rule, for cases started on or after 1 January 2020: first-instance decisions are provisionally enforceable by law (« de droit exécutoires à titre provisoire »), unless the law or the decision says otherwise (article 514 of the Code of Civil Procedure). An appeal therefore does not stop the other side from enforcing. The judge can set provisional enforcement (exécution provisoire) aside; if so, the dispositif says it. During the appeal, the first president of the court of appeal can stop it where there is a serious ground for annulment or reversal and a risk of manifestly excessive consequences.

Two courts follow their own rules. At the employment tribunal (conseil de prud’hommes), only some orders are enforceable by law, including delivery of the work certificate and payslips and pay awards up to nine months’ average salary (article R1454-28 of the Labour Code). Before the family judge (juge aux affaires familiales), orders on parental authority and child or spousal maintenance apply by law, the rest only if the judge orders it (article 1074-1). For a case started before 2020, an appeal suspends enforcement unless provisional enforcement was ordered.

These labels say whether the defendant took part and which challenge remains open. « Contradictoire » (defended) means the parties appeared in person or through a representative (article 467 of the Code of Civil Procedure). When the defendant does not appear, the judgment is « réputé contradictoire » (deemed defended) if it can be appealed or if the summons was handed to the defendant in person, and « par défaut » (in default) if it is given in last resort and the summons was not delivered to the defendant in person (article 473).

A defended or deemed-defended judgment is challenged by appeal (appel), unless it was given in last resort. A default judgment is challenged by opposition (opposition), an ordinary remedy open for one month in contested matters (article 538). A default judgment, or one deemed defended only because it can be appealed, lapses if it is not notified within six months of its date (article 478): check that date on the service document.