Cour de cassation, civile, Chambre civile 2, 1 février 2018, 17-14.730, Publié au bulletin
Presiding Judge | Mme Flise (président) |
ECLI | ECLI:FR:CCASS:2018:C200111 |
Case Outcome | Irrecevabilité |
Subject Matter | PROCEDURE CIVILE - Mesure d'administration judiciaire - Définition - Renvoi pour cause de suspicion légitime - Admission - Distribution à une autre formation de la même juridiction - Portée |
Publication au Gazette officiel | Bull. 2018, II, n° 22 |
Appeal Number | 21800111 |
Docket Number | 17-14730 |
Court | Deuxième Chambre Civile (Cour de Cassation de France) |
Counsel | SCP Delamarre et Jehannin |
Date | 01 février 2018 |
Sur la recevabilité du pourvoi examinée d'office, après avis donné aux parties, en application de l'article 1015 du code de procédure civile :
Vu l'article 358 du code de procédure civile, alors applicable ;
Attendu que M. Y... a formé, le 23 mai 2016, une demande de renvoi de l'affaire enregistrée sous le n° 08/08324 l'opposant à Mme A... devant une autre juridiction pour cause de suspicion légitime ; que le premier président de la cour d'appel de Douai a dessaisi la 1re chambre et a redistribué l'affaire à la 8e chambre de la cour d'appel ;
Attendu que M. Y... a formé un pourvoi contre la décision de redistribution de l'affaire soutenant que le premier président aurait commis un excès de pouvoir négatif en refusant de transmettre la demande de renvoi au premier président de la Cour de cassation ;
Mais attendu que la...
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