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The declaration of appeal lapses : when can force majeure be invoked ?

Published on 03 july 2023

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Judith LEWERTOWSKI

Attorney - Paris

Litigation – Arbitration – Mediation

In a ruling handed down on 17 May 2023, the Cour de cassation ruled that force majeure, within the meaning of article 910-3 of the Code of Civil Procedure, is "a circumstance that cannot be attributed to the act of the party invoking it and that is insurmountable for that party".

Consequently, pleadings may be filed late in cases of force majeure, in particular if the lawyer for one of the parties was unable to practice his profession during the period in which the deadline for filing the pleading had expired. 

Judith LEWERTOWSKI, a lawyer specialising in Litigation, has shed some light on this subject for Eurojuris.

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