Cour de Cassation, Chambre civile 2, du 15 mai 2003, 03-60.114, Publié au bulletin
Presiding Judge | M. Ancel . |
Case Outcome | Annulation. |
Citation | A RAPPROCHER : Chambre civile 2, 1995-03-23, Bulletin 1995, II, n° 104, p. 59 (cassation), et les arrêts cités.<br/> |
Docket Number | 03-60114 |
Date | 15 mai 2003 |
Court | Deuxième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 2003 II N° 144 p. 123 |
LA COUR DE CASSATION, DEUXIEME CHAMBRE CIVILE, a rendu l'arrêt suivant :
Sur le moyen unique :
Vu les articles 14 du nouveau Code de procédure civile et R. 14 du Code électoral ;
Attendu que nulle partie ne peut être jugée sans avoir été entendue ou appelée ; que, dans les contestations en matière d'inscription sur les listes électorales, les parties doivent être avisées trois jours avant la date de l'audience ;
Attendu, selon le jugement attaqué et les productions, que M. X... ayant saisi un tribunal d'instance d'un recours contre la décision d'une commission administrative qui l'avait radié de la liste électorale de la commune de Cléon-d'Andran, l'avertissement pour l'audience du 24 janvier 2003 ne lui a été remis que le 31 janvier 2003 ;
qu'ainsi, M. X... a été dans l'impossibilité de comparaître devant le Tribunal et de présenter ses observations ;
Que, dès...
Pour continuer la lecture
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