• The Circuits of the Court of Cassation jointly held a session on 20/03/2017 to consider the effect on a judgment of invalidity of notification of the pleadings. They ruled that the Court of Appeal must hear the matter, if the notification is invalid.

    22 March 2017

    This provision included a number of principles, namely:

    • The case takes effect as soon as the pleadings are filed at the Court Registry.

    • Notification of the defendant is a separate procedure from the process of filing a claim and its purpose is to inform the defendant about the case, the claims of the claimant, and the hearing date.

    • If the notification is invalid, this does not extend to the pleadings.

    • Invalidity resulting from not following the notification procedure is established for the benefit of the protected party, and not for public order.

    • The judgment may not be considered invalid as a result of the nullity of the notification.

    • If the notification of the defendant was invalid and the judgment was still rendered on the subject under dispute, the judgment shall remain pending until the second instance court decides to nullify it. The court must address the matter and may not return the case to the first instance court, whose jurisdiction shall no longer be applicable.

    • A judgment based on an invalid procedure is absolutely null and void, and may not be corrected.

    Back