La forme des notifications internationales est diverse. Dans certains cas, la loi française requiert la remise de l’acte au Parquet qui procède ensuite à la notification en s’adressant à l’autorité étrangère qui elle-même procède à la délivrance au destinataire de l’acte.
L’ancien article 684 du code de procédure civile dispose dans son premier alinéa que : « L’acte destiné à être notifié à une personne ayant sa résidence habituelle à l’étranger est remis au parquet, sauf dans les cas où un règlement européen ou un traité international autorise l’huissier de justice ou le greffe à transmettre directement cet acte à son destinataire ou à une autorité compétente de l’Etat de destination. »
La Cour de cassation a considéré dans un arrêt du 30 janvier 2020 que « la date à laquelle est effectuée la remise à parquet de la décision à notifier ne constitue pas le point de départ du délai pour interjeter appel de cette décision. » La solution paraît logique. Le délai d’appel doit courir à compter du moment où l’acte est délivré au destinataire. Celui-ci dispose alors d’un droit de former un recours dans un délai à compter de cette délivrance. Faute d’avoir retenu cette solution, l’arrêt d’appel est cassé (Civ. 2è, 30 janv. 2020, n° 18-23.917).
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