Section 4: Appeal procedures

Articles in this section · 2

Article R321-47

French Intellectual Property CodeIn force

Updated 7 Nov 2023

I. - The appeal provided for in Article L. 327-15 is lodged within a period of two months by a written statement lodged in as many copies as there are parties plus one, at the clerk's office of the court of appeal against receipt.

The statement shall specify the particulars prescribed by article 57 of the code of civil procedure on pain of nullity, and a statement of the pleas in law relied upon. Where the statement of appeal does not contain a statement of the pleas in law relied upon, the applicant must, on pain of inadmissibility pronounced ex officio, lodge this statement at the court registry within 15 days of the filing of the statement of appeal. The statement of appeal or the statement of the grounds relied upon shall mention the list of exhibits and supporting documents produced. These exhibits and documents shall be submitted to the Registry of the Court of Appeal at the same time as the statement of appeal or the statement of grounds of appeal. The appellant shall attach a copy of the contested decision to the statement of appeal.

II. - Applications for a stay of execution must be submitted within the same time limit as that set for the appeal. They shall be made to the first president of the court of appeal by simple application lodged at the registry. On pain of inadmissibility, the application must contain a statement of the grounds on which the appeal is based and specify the date on which the appeal was lodged against the decision for which the stay of execution is sought. The First President or his delegate shall set by order the date of the hearing at which the application for a stay of execution will be examined.

III. - As soon as the appeal has been registered, the clerk's office of the court of appeal shall transmit, by any means, to the parties a copy of the statement of appeal and of the list of exhibits and supporting documents produced.

IV. - The First President of the Court of Appeal or his delegate shall fix the time limits within which the parties must communicate their written observations to each other and file a copy thereof at the Registry of the Court of Appeal, as well as the date of the hearing. The clerk's office shall notify the parties of these time limits and this date and shall summon the defendant to the hearing scheduled for the debates, by registered letter with acknowledgement of receipt or under the conditions provided for in Article 692-1 of the Code of Civil Procedure. The clerk's office shall notify the applicant by any means of the place, day and time of the hearing.

The parties may inspect all the documents in the proceedings at the clerk's office of the court of appeal.

V. - At the hearing, the parties are heard in their observations. When the chairman of the supervisory board has not lodged an appeal, he may present oral observations at the hearing after the sanctioned body that lodged the appeal.

VI. - The parties defend themselves. They may be assisted or represented by a lawyer.

VII. - The Court of Appeal may either confirm the decision of the Sanctioning Board, annul it or reform it in whole or in part.

VIII. - The decisions of the Court of Appeal or its first president are notified to the parties by the registry, by registered letter with acknowledgement of receipt.

VIII.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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