Representing - Cabinet Le Prado Defending - Cabinet Le Prado Supporting - Cabinet Le Prado Informing - Cabinet Le Prado

Maitre LE PRADO
  • Typhaine MarsolierLegal Assistant
  • Valérie DanonLawyer
  • Francois GILBERT
    François GilbertAvocat au Conseil d'Etat et à la Cour de cassation salarié
  • Elodie Le Prado
    Elodie Le PradoAvocat
  • Fanny BergeronLawyer
  • CLAIRE DE RAISMES
  • Karine CombemorelLawyer
  • Jean-Baptiste Copper-RoyerLawyer
  • Hubert DemaillyLawyer
  • Claire Desportes-UllmoLawyer
  • Delphine LassaillyLawyer
  • Florence Lechevalier-BrouchotLawyer
  • Jean LevyLawyer
  • Géraldine AbittanLegal assistant
  • Malika BachirAssistante
  • Valérie CasorlaLegal assistant
  • Lauriane ChonquetLegal assistant

Contact us

THE LE PRADO FIRM

6 Avenue Pierre 1er de Serbie
75116 PARIS
Tél : 01 44 18 37 95 / Fax : 01 44 18 38 95
contact@cabinet-leprado.fr

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The time limit for filing an appeal brief is four months.

Either the lawyer of the opposing party or the party itself (providing they have no lawyer) is informed of this appeal.

The time limit for filing a defence brief is two months.

A response can be potentially filed by the party requesting the appeal.

The case is assigned to the chamber of requests of the court of appeal for screening.

A legal advisor is assigned to study the dossier and file a report.

A general lawyer is also appointed.

Following the written procedure, the case is taken to court and deliberated on.

The final ruling is generally given a month later.

A legal advisor is appointed to set a time limit for the registered lawyer to the Councils in support of the appeal to file the appeal case.

They then set a time limit for the Councils’ defence lawyer  to file a defence case.

The legal advisor studies the dossier and files a report.

A general lawyer is appointed.

Following the written procedure, the case goes to a court hearing and the final ruling is given after deliberation.

The proceedings for all cases are uniform before the court of appeal. If the legal advisor believes that the grounds in support of an appeal do not justify an arbitral ruling, they will explicate it in their report and will propose that it be considered ineligible. The court of appeal can, in effect, declare inadmissible appeals without sufficient grounds to support the case. It is during the hearing, after the written procedure, that the chamber decides if it will render a case valid and worthy of appeal or refuse it and render it inadmissible. A decision of non-admission carries the same effects as a refusal since it is likely to make the ruling or judgment challenged in the court of appeal definitive. In the non-admission report the legal advisor explains he deemed the case non-admissible. This report is then sent to the client together with the court of appeal’s decision.

In a civil context, if the ruling or judgement challenged in the court of appeal is not executed by the party requesting the appeal, the defence lawyer to the party defending the appeal can file a request to dismiss the action.

They therefore ask the First President of the appeal court to dismiss the case as long as the ruling or judgment has not been executed.

The request must be filed prior to the expiration of the time limit set by the appeal defender to file their defence case.

The Court of appeal’s First President orders the dismissal of the case if he is aware that the decision challenged has not been executed, except if he believes that the execution of this decision will result in excessive consequences to the appeal defender.

Once dismissed, the appealing party can only have it refiled providing the ruling challenged has been partially or completely executed.

If the applicant to appeal has not shown, within two years from the notification of the striking order, their willingness to implement the contested decision, their appeal will have expired.

When the State Council annuls a ruling of the administrative court of appeal or an administrative court judgment, it can either bring the case back before the same court, or settle the case itself.
In the case of a re-run, the procedure resumes its course before the court.

When the court of appeal breaks a judgment or ruling, it normally brings the case back before the same, yet re-assorted court, or before another court in the same discipline.
It is only on an exceptional and provisional basis that it can settle the case on merit without appeal.

The deadline for application to the court is, in civil matters, four months after the notification of the judgment of cassation or two years after its delivery. It is up to the party, whether assisted or represented by their counsel at the Court of Appeal, to go to court should they have interest to do so.

Pages

1. Site presentation.
Under Article 6 of Law No. 2004-575 of 21st June 2004 on confidence in the digital economy the identity of the various stakeholders in the implementation and monitoring of the http://www.avocats-leprado.fr site is made clear to users:

Owner: Didier Le Prado – SIRENE : 353 155 393 00047 – 6, avenue Pierre 1er de Serbie,  75116 Paris
Creator: Agence nude
Publication manager: Valérie Danon – 0144183795
The publication manager is a natural or legal person.
Webmaster: Valérie Danon – 0144183795
Web provider:: OVH – 2, rue Kellermann, 59100 Roubaix

2. General conditions of site use and services offered.
Use of the website http://www.avocats-leprado.fr website implies full acceptance of the general conditions of use hereinafter described. These conditions are subject to change or amendment at any given moment, thus users of the http://www.avocats-leprado.fr website are advised to consult them regularly.

This website is generally accessible to users at any moment. Interruptions owing to technical reasons can however be authorized by Didier Le Prado, who will notify his users of the dates and times of the interruption prior to its implementation.

The http://www.avocats-leprado.fr website is regularly updated by Valérie Danon. Similarly, the terms and conditions can be altered at any given moment. They are, however, essential and the user is advised to refer to them as often as possible in order to be aware of any updates.

3. Description of services provided.
The http://www.avocats-leprado.fr website provides information pertaining to the ensemble of the firm’s activities.
Didier Le Prado endeavours to provide on the http://www.avocats-leprado.fr website the most accurate information possible. He shall not, however, be held liable for any omissions, inaccuracies or deficiencies occurring in updates, caused by him or by the third parties providing information.

All information provided on the http://www.avocats-leprado.fr websiteare guidelines and liable to modification. In addition, the information featured on the http://www.avocats-leprado.fr website is not comprehensive. It is given subject to changes being made since it was posted online.

4. Contractual limits on technical data.
The website uses the Javascript technology.

The website cannot be held responsible for any material damage linked to the use of the site. Additionally, the site user agrees to access the site using the latest material, virus-free and with an updated next generation browser.


5. Intellectual property and fraud.
Didier Le Prado is the owner of the intellectual property rights and also owns the rights of usage of all the elements accessible on the website, and notably texts, images, graphics, logo, icons, sounds and software.

All reproduction, representation, modification, publication, adaptation of these elements by any party, by whatever means, is forbidden without pre-written authorisation from Didier Le Prado.

All unauthorised exploitation of the site or any of its elements will be considered a copyright breach and prosecuted in accordance with articles L.335-2 et seq of the Intellectual Property Code.

6. Limitations and responsibility.
Didier Le Prado shall not be held responsible for any direct or indirect damage to the user’s material whilst accessing the http://www.avocats-leprado.fr, website and resulting either from the use of material not meeting the specifications indicated in point 4, or from a bug or incompatibility.

Didier Le Prado shall equally not be held responsible for any indirect damage (for example a market loss or a loss of opportunity) following the use of the "http://www.avocats-leprado.fr/" http://www.avocats-leprado.fr. website.

7. Management of personal data.
In France, personal data are protected by law n° 78-87 of 6th January 1978, law n° 2004-801 of 6th August 2004, article L. 226-13 of the Penal Code and the European Directive of 24th October 1995.</p>

Whilst accessing the http://www.avocats-leprado.fr website, the intermediate URLs used to access the http://www.avocats-leprado.fr website, the user’s Internet service provider and the user’s Internet protocol (IP) address can be retained.

In any event, Didier Le Prado only collects users’ personal information due to the requirements of certain services provided by the http://www.avocats-leprado.fr.website. The user provides this information with full knowledge of the facts, particularly when entering their personal information. It is then clear to the user of the http://www.avocats-leprado.fr website whether they are obliged or not to provide this information.

In accordance with the clauses of article 38 et seq of law 78-17 of 6th January 1978 pertaining to IT, files and liberties, all users have a right of access, of rectification, and of opposition to the personal data concerning them, by sending a written and signed request, together with a copy of their identification, stating the address to which the answer should be sent.

No personal information about the user of the http://www.avocats-leprado.fr website is published unbeknownst to the user, exchanged, transferred, given or sold, on any medium, to others. Only in the case of the repurchase of Didier Le Prado and his rights would allow for the transmission of said information to the potential purchaser who would in turn be held by the same obligation to store and modify data with respect to the user of the http://www.avocats-leprado.fr. website.

The website is not CNIL registered as it does not collect personal data.

The data bases are protected under the clauses of (sans the) law of 8th July 1998 transposing (sans the) directive 96/9 of 11th March 1996 pertaining to the legal protection of data bases.

8. Hyperlinks and cookies.
The http://www.avocats-leprado.fr website contains a certain number of hyperlinks to other websites, set up with the authorisation of Didier Le Prado. However, Didier Le Prado is unable to verify the contents of these sites and shall therefore accept no responsibility of any kind which may arise from this.

Navigating the http://www.avocats-leprado.fr website may generate the download of cookies onto the user’s computer. A cookie is a small file, which does not allow to identify the user but which records information relating to the navigation of a computer on a website. The information thus obtained aims to facilitate further navigation on the website while allowing site-centric measurement.

Refusing cookie download could result in some services being inaccessible The user however can configure their computer in the following manner so as not to download cookies:

- For Internet Explorer: tool window (wheel icon in the top-right of the screen) / Internet options. Click on Privacy and select Block all cookies. Apply by clicking OK.
- For Firefox: At the top of the browser, click on the Firefox tab, and then go to Options. Click on the Privacy tab and define the preservation parameters; use the personalised parameters for history and finally deselect it to deactivate cookies.
- On Safari: Click on the wheel icon in the top-right of the browser. Open Settings and click on Advanced Settings. Under the ‘Privacy’ section click on Contents Settings. You can block cookies in the cookies section.
- On Chrome: Click on the icon picturing three horizontal lines in the upper right of the browser. Open Settings. Open Advanced Settings. Click on ‘Preferences’ in the ‘Privacy’ section.  You can block cookies in the ‘Privacy’ window.

9. Applicable law and jurisdictional clause.
All litigation relating to the use of the "http://www.avocats-leprado.fr/" http://www.avocats-leprado.fr website is subject to French law and shall come under the exclusive jurisdiction of the relevant courts in Paris.


10. Mains Laws
Law n° 78-87 of 6th January, modified by law n° 2004-801 of 6th August 2004 pertaining to IT, files and liberties. Law n° 2004-575 of 1st June 2004 for trust in the digital economy.

11. Glossary
User: Connected the Internet user using the aforementioned website.

12. Personal information: ‘Information in any format whether it be directly or indirectly allowing the identification of physical persons to whom it relates” (article 4 of law n° 78-17 of 6th January 1978).