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Topic: Court of Cassation (France)


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In the News (Wed 23 Dec 09)

  
 CEELI - Romania Update - June 2003
Jean Pierre Ancel, president of Chamber of the Court of Cassation of France, explained that the age to become a judge of this court in France is of 50-55 years.
Most probably, the Supreme Court of Justice, which is to be turned into the High Court of Cassation and Justice, will be granted this competency.
Judge Artenie Cordos, the president of the Mures Court of Appeal, was dismissed yesterday by the Superior Council of Magistrates, at the request of the minister of justice.
www.abanet.org /ceeli/countries/romania/jun2003.html

  
 France 4 January 1995 Supreme Court (Fauba v. Fujitsu) [translation available]
A recapitulation of the facts, as determined by the judges on the merits, is necessary in order to understand the holding reached by the Court of Appeals of Paris, as well as the [buyer's] arguments [on appeal] and the resolution reached by the Court of Cassation.
Secondly, the Court of Cassation referred to article 86(1) CISG, under which the buyer who had received the goods and intended to reject them was entitled to retain them until it had been reimbursed by the seller its reasonable expenses for preserving them.
The Court of Cassation dismissed the appeal on points of law brought by the French buyer against the decision of the Court of Appeal of Paris regarding the formation of the sales contract.
www.cisg.law.pace.edu /cases/950104f1.html

  
 women's link worldwide - case law Case of Civet v. France
The dissent based its reasoning on the both the Court’s and the court of cassation’s jurisprudence, which holds that the length of pre-trial detention is an issue of fact or a mixed question of fact and law.
In August 1994, he appealed to the court of cassation on points of law, which was dismissed as out of time.
The Court held that because he had not specifically claimed a violation of Article 5-3 before the court of cassation he had failed to exhaust his domestic remedies.
www.womenslinkworldwide.org /co_reg_echr_civet.html

  
 Massachusetts Court System Photo Caption - December 3, 2002
The Chief Justice and several other Justices of the Cour de Cassation, the highest court in France, participated in a warm and spirited judicial exchange recently with Justices of the Supreme Judicial Court and Superior Court in the SJC's Consultation Room.
Copyright ©2004 Administrative Office of the Trial Court
The French judges had also visited the United States Supreme Court before their brief stay in Boston.
www.mass.gov /courts/press/pr120302.html

  
 ScrappleFace: Schiavo Case Appealed to French High Court
(2005-03-24) -- Anticipating that Justice Anthony Kennedy will reject a Supreme Court appeal by Terri Schiavo's parents in their daughter's right-to-eat-and-drink case, attorneys for Bob and Mary Schindler have already filed an appeal in a higher court -- the Cour de Cassation, which is France's Supreme Court of Appeals.
Once the court awarded him a paltry 300,000 and Terri 700,000, he unselfishly moved out of the Schindler home in 1992 and placed Terri in a nursing home in Brandon.
ScrappleFace: Schiavo Case Appealed to French High Court
www.scrappleface.com /MT/archives/002131.html

  
 Eurpoean Comm., VACHER v. FRANCE
The Court of Cassation's registry could remedy this statutory shortcoming by informing appellants who did not wish to be represented by a member of the Conseil d'Etat and Court of Cassation Bar of the date on which their appeal would be heard.
Far from acting as the prosecution, the role of the procureur général's office at the Court of Cassation was that of an adviser on the law, providing the court with a legal view of the case in the same way as the reporting judge.
The procureur général at the Court of Cassation was personally advised of the progress of proceedings and of the hearing date, and at the hearing he could make observations without the appellant's being permitted to reply.
www.hrcr.org /safrica/arrested_rights/vacher_france.html   (1971 words)

  
 FRANCE - Online Information article about FRANCE
In the latter case a court of cassation is provided in the district See also:
The senate, as supreme court of cassation, has two departments, one for See also:
senate, which, as the supreme court of cassation, can send a case for retrial for See also:
encyclopedia.jrank.org /FLA_FRA/FRANCE.html   (2639 words)

  
 France
On March 20, the criminal chamber of the Court of Cassation overruled a December 2000 decision which referred to the Court of Assizes a police officer charged in the 1997 fatal shooting of 16-year-old Abdel Kader Bouziane.
The Court of Cassation sent the case back to the investigating chamber of the Orleans Court of Appeals; the case was pending at year's end.
The police officer has appealed the charge, and the court is expected to decide if he should be charged with murder or involuntary manslaughter.
www.state.gov /g/drl/rls/hrrpt/2001/eur/8253.htm   (6814 words)

  
 MEFTAH AND OTHERS v. FRANCE - 32911/96;35237/97;34595/97 [2002] ECHR 627 (26 July 2002)
Yet, in practice the Court of Cassation has, through its settled case-law, established a general principle of not allowing individual litigants who are not legally represented by the prescribed specialist lawyers to participate in the oral hearing, regardless of the particular circumstances of their case (see paragraphs 26 and 27 of the judgment).
An appeal to the Court of Cassation was an essential stage in criminal proceedings, as the supervision by the judges of that court enabled any error of law by the lower courts to be corrected, both as regards the definition of the charge and the trial procedure.
On the basis of the ordinance of 1826 the Court of Cassation accepts that it is possible for it to give the parties leave to address it, or for a member of the ordinary bar to speak on their behalf.
www.worldlii.org /eu/cases/ECHR/2002/627.html   (8110 words)

  
 women's link worldwide - case law Case of Civet v. France
The dissent based its reasoning on the both the Court’s and the court of cassation’s jurisprudence, which holds that the length of pre-trial detention is an issue of fact or a mixed question of fact and law.
In August 1994, he appealed to the court of cassation on points of law, which was dismissed as out of time.
Dissent Judges Palm, Bratza, Fischbach, Zupancic and Hedigan dissented, finding that because the court of cassation has no jurisdiction to address issues of fact, an appeal to that court on points of law is not an effective remedy.
www.womenslinkworldwide.org /co_reg_echr_civet.html   (899 words)

  
 TITLE>III. France - Concept Paper - Civil Procedure, Czech
Decisions of the Court of Appeals may be brought before the Cour de Cassation for revision.
In most cases, appeals from lower court decisions, whether trial court decisions before a court of appeal or appellate court decisions before the Cour de Cassation, must be filed within a month.
Before the Cour de Cassation, only attorneys who are part of a special bar called Avocats aux Conseils may represent the parties.
www.abanet.org /ceeli/publications/conceptpapers/civilpro/cpcz3.html   (6298 words)

  
 The Head Heeb: The Court of Cassation
The original cour de cassation, the constitutional court of France, was among the institutions founded in the wake of the French Revolution, in July 1790.
Under the current Egyptian constitution, shariah has been added to the sources of law, and the Court of Cassation has been called upon to give judgments in shariah cases and determine the interplay between shariah and civil law.
During the Napoleonic era, it continued to be the highest court in France, and many countries with French- influenced legal systems placed similar courts at the apex of their judicial structures.
headheeb.blogmosis.com /archives/014836.html   (556 words)

  
 Cour de cassation - Wikipedia, the free encyclopedia
The Cour de cassation is the main court of last resort in France.
The decision of the Court of Appeal may again be appealed to the Cour de cassation.
Appeals to the Cour de cassation are still possible on procedural questions, jury-based Cours d'assises not being the fittest place to hear them.
en.wikipedia.org /wiki/Cour_de_Cassation   (1766 words)

  
 Gallery Guide ... Portal to the fine arts!
Gilles Perrault, a Paris-based conservator and expert advisor to the supreme court of France (Cour de Cassation), has spent a whole year studying the plaster models, bronzes and moulds found in Guy Hain's foundry of Balland and other workshops.
In April, the state prosecutor asked the appeal court in Besançon, eastern France, to sentence Guy Hain to five years in jail and a fine of FF2 million.
Through his work he inevitably met veterinary surgeons and he discovered in their possession bronze figures of animals often made during the late nineteenth century.
www.galleryguide.org /2001-07/news/6000.asp   (1342 words)

  
 Case Law in France - Court of Cassation - Equal Employment Opportunities
Based on article L. 123-1 of the Labour Code, the Court of Cassation found that a collective agreement that deprives a female employee on maternity leave of the right to be rated, because of her absence, which consequently impedes her promotion, is to be considered as direct discrimination.
The Court of Cassation confirmed the following conclusions of the Court of Appeal.
In this case, the Court of Cassation adopted the reasoning of the European Court of Justice concerning indirect discrimination and evidence.
www.ilo.org /public/english/employment/gems/eeo/law/france/cl_cc.htm   (1625 words)

  
 France 4 January 1995 Supreme Court (Fauba v. Fujitsu) [translation available]
[4] The appellant [buyer] did not attack the lower court's decision on this point, which explains the Court of Cassation's silence with respect to this first condition for the application of the Convention.
This is even more regrettable in that France was one of the first countries to ratify the Vienna Convention, and because French academic writers have spared no effort to explain, synthesize and closely study the new uniform law.
This showing would have been even more welcome than the first element emphasized by the judges, the absence of a corporate status, which creates a misleading impression: if the seller's liaison office established in France had had corporate status, the existence of two places of business in different States would have been absent.
www.cisg.law.pace.edu /cases/950104f1.html   (4814 words)

  
 News : Institute of Global Law, UCL Laws
On Monday, 11 October 2004, Professor Basil Markesinis QC, FBA, Chairman of the Institute of Global Law, was formally received by the Insitut de France (French Academy) as its new Corresponding Fellow.
He was awarded by the former President of the Academy, Ambassador Alain Plantey, the insignia of Commandeur de la Legion d' Honneur, conferred upon him by the President of France for forty years of services to French and European Law.
le Conseiller Dutheillet de Lamothe represented the Conseil Constitutionnel, President Carl Baudenbacher the EFTA Court, Lord Justice Potter, Gray‚s Inn, Professor Michael Bridge, the Provost of UCL.
www.ucl.ac.uk /laws/global_law/news/index.shtml?decorations_sep04   (498 words)

  
 SingaporeMoms - Parenting Encyclopedia - Cour de cassation
The Cour de cassation is not the only court of last resort in France.
The Cour de cassation is the main court of last resort in France.
The High Court of Justice has never been convened in the Fifth Republic and the Court of Justice of the Republic only rarely.
www.singaporemoms.com /parenting/Cour_de_cassation   (1657 words)

  
 UConn Advance - September 27, 2004 - French Chief Justice Says New Legal Culture Emerging
As president of the Cour de Cassation, France's highest and most important appellate court for civil matters, Canivet is at the forefront of adjudicating commercial law to keep France on a competitive footing with other nations.
Dean Nell Newton speaks with Guy Canivet, Chief Justice of the Civil Supreme Court of France, in the Starr Hall reading room.
His court deals with topics such as contracts, torts, insurance, primarily the sorts of things a state Supreme Court would deal with in the United States.
www.advance.uconn.edu /2004/040927/04092702.htm   (1657 words)

  
 Scots Members of the French Nobility
The 1844 edition of the Annuaire de la Noblesse de France mentions that the duke of Hamilton was received at the court of Charles X "under the title of duc de Châtellerault." Burke's General Armory of 1844 blazons the arms of Hamilton with an inescutcheon bearing France in point of honor.
The duke claimed to be exempt of that law, but the courts ruled against him (court of Sancerre, 1836; appeals court of Bourges, 1837; Court of Cassation, 1840).
The duke argued that the clause of the treaty of 1814 created an exception to that law in his favor, and that the courts were incompetent to interpret or alter an international treaty.
www.heraldica.org /topics/france/scotfr.htm   (6246 words)

  
 ERA - ACADEMY OF EUROPEAN LAW - France joins the Academy of European Law
Guy CANIVET, President of the Court of Cassation (France’s highest court), Alain LAMASSOURE, MEP, Bernard VATIER, President of the Council of Bars and Law Societies of the EU (CCBE), and Gilbert AZIBERT, Director of the French National Magistrates’ School, also attended the ceremony at the Ministry of Justice in Paris.
Guy Canivet, President of the Court of Cassation and long-standing member of the ERA Board of Trustees
French civil servants and judicial officials will now benefit from special conditions for participation in ERA events and the country will have a seat on the ERA Governing Board.
era.int /web/en/html/nodes_main/4_1649_459/4_2153_462/5_1625_1743.htm   (6246 words)

  
 Corruption scandals in the Paris region - Wikipedia, the free encyclopedia
On December 3, 2004, the Court of Cassation ruled that a court of appeals had incorrectly ruled that some cases of employments or payments received from the City of Paris (under the Chirac and Tiberi administrations) for fictitious work felled under prescription (statute of limitations).
In the 1980s and 1990s there were in the Paris region (Île-de-France) multiple instances of alleged and proved political corruption cases, as well as cases of abuse of public money and resources.
The court announced that the cases were now referred to the Versailles Court of Appeals.
en.wikipedia.org /wiki/Corruption_scandals_in_the_Paris_region   (1725 words)

  
 MSN Encarta - Dreyfus Affair
In 1899 the Dreyfus case was brought before the Cour de cassation (Supreme Court of Appeal), which ordered a new trial.
Seven years later, in 1906, Dreyfus was fully rehabilitated by a judgment of the Cour de cassation, restored to the army with the rank of major, and decorated with the Legion of Honor.
In 1894 Dreyfus was found guilty by a court-martial, reduced in rank, and transported to Devil’s Island, where he was to be imprisoned for the rest of his life.
encarta.msn.com /encnet/refpages/RefArticle.aspx?refid=761560347   (748 words)

  
 E-nough!: Vandals daub swastika near Notre Dame
The Paris Hall of Justice (3) houses various courts: the Paris court of large claims; the Paris correctional court; the Paris Court of Appeal; the French Cour de cassation (highest jurisdiction in the French judicial order).
The act of vandalism, the first in Paris since a series of desecrations recently at Jewish, Muslim and Christian cemeteries in eastern France, was discovered on Saturday on the day Pope John Paul began a two-day pilgrimage to Lourdes in the southwest.
I believed this area is kept under close scrutiny, cause : The Paris Hall of Justice (Palais de Justice de Paris) (3), Quai des Orfèvres (4) (France’s Scotland Yard equivalent.
www.e-nough.hmdnsgroup.com /archives/000365.html   (3110 words)

  
 President of HungaryPresident Information
In general, a court comprises several chambers, each with its own president; thus the most senior of these is called the "first president" (as in: "the First President of the Court of Cassation is the most senior judge in France").
In FranceFrench legal terminology, the president of a court consisting of multiple judges is the foremost judge; he chairs the meeting of the court and directs the debates (and this thus addressed as "Mr President", ''Monsieur le Président'', or appropriate feminine forms).
The President is a member of the Federal Council elected by the Swiss Federal Assembly (the Swiss Parliament) for a year; and the President is merely ''primus inter pares'' (first among equals).
www.echostatic.com /President_of_HungaryPresident.html   (2071 words)

  
 MSN Encarta - Search View - Italy
Italy has a Supreme Court of Cassation (Corte Supreme di Cassazione), which is the highest court of appeal in all cases except those concerning the constitution.
There is also a constitutional court, which is analogous in function to the Supreme Court of the United States, and is composed of 15 judges.
Italy (Italian Italia), republic in southern Europe, bounded on the north by Switzerland and Austria; on the east by Slovenia and the Adriatic Sea; on the south by the Ionian Sea and the Mediterranean Sea; on the west by the Tyrrhenian Sea, the Ligurian Sea, and the Mediterranean Sea; and on the northwest by France.
encarta.msn.com /text_761555207__1/Italy.html   (17049 words)

  
 List of Presidents of NigerPresident Information
In general, a court comprises several chambers, each with its own president; thus the most senior of these is called the "first president" (as in: "the First President of the Court of Cassation is the most senior judge in France").
In FranceFrench legal terminology, the president of a court consisting of multiple judges is the foremost judge; he chairs the meeting of the court and directs the debates (and this thus addressed as "Mr President", ''Monsieur le Président'', or appropriate feminine forms).
The President is a member of the Federal Council elected by the Swiss Federal Assembly (the Swiss Parliament) for a year; and the President is merely ''primus inter pares'' (first among equals).
www.echostatic.com /List_of_Presidents_of_NigerPresident.html   (2071 words)

  
 Emmigration.Jew.html
On the 29th of the previous month, however, the Court of Cassation, the highest tribunal in France, had taken up the matter of revision, and, after several months' deliberation, ordered (June 3, 1899), a retrial by a court-martial.
On January 4, 1895, he was conducted by a military escort to the court-yard of the Ecole Militaire in Paris, and, in the presence of a great assembly of spectators, the stripes were torn from his uniform, and his sword was broken.
When he was tried, although he was allowed counsel, the court was a secret one, and he was sentenced to military degradation and solitary confinement on the Ile du Diable, off the coast of French Guiana.
www.bklyn-genealogy-info.com /Ethnic/Jewish/Emmigration.Jew.html   (2071 words)

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