Point de départ du délai d’appel en cas de signification internationale

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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