(Court of Cassation, Civ. 2nd, 2 December 2010, no. 09-65978)

Article 855 of the Civil Procedure Code requires that in his summons, a plaintiff resident abroad indicate, under pain of nullity, the full name and address of the person at whose place he has elected domicile in France. On the basis of this provision, a party had felt entitled to notify a judgement to the lawyer’s office in which the plaintiff had elected domicile.

In its ruling of 2 December 2010, the Court of Cassation held that notifying a judgement to an elected domicile is invalid.

While Article 689 of the Civil Procedure Code allows certain notices at the elected domicile "where the law so permits or requires", this is not the case with the notification of judgements, for which article 677 of the Civil Procedure Code stipulates that they must be notified to the parties themselves.