01/07/2009 |
Observations sous l'arrêt Cass. 3ème civ., 4 février 2009, AJDI, juillet-août 2009
The court of appeal rightly held that the notification of the claimant’s or the defendant’s statement of case (mémoire), which must precede the referral to the judge, cannot be replaced by any other document, even an extrajudicial one, and that submissions filed after the expert’s report were vitiated by a substantive nullity entailing the definitive extinction of the proceedings to set the rent of the renewed lease.