Fines, complaints and courts · Civil procedure · withdrawal
Withdraw proceedings or abandon a claim in France
Withdrawing French civil proceedings ends the current case without, by itself, abandoning the underlying claim. Abandoning the claim has a wider effect. The need for the opponent’s acceptance, costs and consequences for a judgment depend on the step being withdrawn and the stage reached. Distinguish proceedings, the substantive claim and withdrawal of an appeal or opposition before signing.
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Must withdrawal always be express and written?
Article 397 permits express or implied withdrawal and acceptance. This makes preserving documents and checking their effect essential; a preparation worksheet cannot replace examination of the case.
Read the referencesYou are considering ending a case or remedy: I can help distinguish withdrawal of proceedings, abandonment of a claim and costs.
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How does each withdrawal affect the claim or judgment?
| Proposed withdrawal | Main effect | Specific check |
|---|---|---|
| Proceedings | Ends the case without itself abandoning the claim | Acceptance and any fresh claim’s admissibility |
| Substantive claim | Ends the claim concerned and proceedings | Rights and claims covered |
| Appeal | Acceptance of judgment, subject to article 403 | Reservations and other parties’ appeals |
| Opposition | Without reservation, acceptance of judgment | Prior additional claim |
CPC article 398CPC article 384CPC article 403CPC article 404
Can you start again after withdrawing proceedings?
Article 398 states that withdrawing proceedings does not abandon the underlying claim. It ends that case. This does not promise that a fresh claim will be admissible: limitation, filing requirements and other obstacles still need checking. Keep the original claim, proposed withdrawal and acts affecting time limits.
When must the defendant accept the withdrawal?
Acceptance is generally required to complete withdrawal of proceedings. Article 395 removes that requirement where the defendant has not yet raised a merits defence or inadmissibility objection at the time of withdrawal. The court may also perfect withdrawal where refusal to accept has no legitimate basis.
What should you check before withdrawing?
Select the proposed withdrawal and acts already filed. The worksheet identifies effects to check and sends no declaration to a court.
Fictional example · Your preparation worksheet
Article 395 removes the acceptance requirement where the defendant has not yet raised a merits defence or inadmissibility objection. Check what was actually filed.
- Scope to check
- Refund claim under the contract
- Distinguish withdrawal of proceedings, abandonment of the claim and withdrawal of a remedy.
- Find the latest submissions to check claims and defences already raised.
- Specify the costs agreement; otherwise the withdrawing party bears the costs of the ended proceedings.
- Have the scope and time limits checked before sending a withdrawal declaration.
This worksheet does not execute an irreversible act. Withdrawing proceedings does not guarantee a fresh claim will be admissible or timely.
What changes if the substantive claim is abandoned?
Under article 384, abandonment of the substantive claim also ends the proceedings. A document using only the word “withdrawal” therefore leaves an important ambiguity. Identify the claims, parties and rights concerned. Do not infer the scope merely from an email subject or an online template.
What does the governing text say about withdrawal?
Le désistement d'instance n'emporte pas renonciation à l'action, mais seulement extinction de l'instance.
In plain English: Article 398 limits withdrawal of proceedings to ending that case without itself abandoning the claim. Other provisions govern the claim, appeal, opposition, acceptance and costs.
Who pays costs when a party withdraws?
Unless otherwise agreed, the withdrawing party bears the costs of the ended proceedings under article 399. An agreement can allocate them differently. That rule alone does not establish each amount or item: compare the settlement, costs requests and decision recording the end of the proceedings.
Why is withdrawing an appeal different?
Withdrawal of an appeal accepts the judgment, subject to article 403’s special rule where another party later brings a valid appeal. Acceptance may be required if there are reservations or an incidental appeal or claim has already been brought. The chronology of remedies therefore matters.
What else should you know about withdrawal?
Must withdrawal always be express and written?
Article 397 permits express or implied withdrawal and acceptance. This makes preserving documents and checking their effect essential; a preparation worksheet cannot replace examination of the case.
Does the defendant’s refusal always block withdrawal?
No. The court may perfect withdrawal if refusal has no legitimate basis. That requires judicial assessment; the withdrawing party cannot unilaterally decide the refusal is unjustified.
Does withdrawing an opposition follow the same acceptance rule as an appeal?
No. Article 402 concerns an additional claim previously brought by the original claimant. Article 404 provides for acceptance of the judgment where withdrawal is without reservation. Identify the exact remedy.
Can a settlement agreement allocate withdrawal costs?
Yes. Article 399 expressly allows a different agreement. Align the costs clause, claims actually withdrawn and required procedural acts rather than leaving a general formula.
Which sources explain withdrawal?
- CPC article 384DILA / Légifrance, texte normatif officiel
- CPC article 394DILA / Légifrance, texte normatif officiel
- CPC article 395DILA / Légifrance, texte normatif officiel
- CPC article 396DILA / Légifrance, texte normatif officiel
- CPC article 397DILA / Légifrance, texte normatif officiel
- CPC article 398DILA / Légifrance, texte normatif officiel
- CPC article 399DILA / Légifrance, texte normatif officiel
- CPC article 400DILA / Légifrance, texte normatif officiel
- CPC article 401DILA / Légifrance, texte normatif officiel
- CPC article 402DILA / Légifrance, texte normatif officiel
- CPC article 403DILA / Légifrance, texte normatif officiel
- CPC article 404DILA / Légifrance, texte normatif officiel
- CPC article 405DILA / Légifrance, texte normatif officiel
Texts cited last checked: 19 October 2026