FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
(eg, jurisdiction, adversarial procedure, reasons for the court decision). Should the appellate judge identify an irregularity in the challenged court decision, the judge will over - turn it. In such a case, the appellate judge can decide either: (i) to hear the case; or (ii) to refer it back to the trial judge. • Rehearing of the case – if the challenged court decision is confirmed to be regular, the appellate judge rehears the case. In such a case, the appellate judge can either: (i) confirm the grounds and the terms of the challenged court decision; (ii) confirm only the terms of the challenged court decision; or (iii) overturn the grounds and the terms of the challenged court decision.
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