Order No. 21809 of 2024: Inadmissibility of Cassation Appeal and Failure to Join Necessary Parties**

The recent Order No. 21809 of August 2, 2024, represents an important ruling by the Court of Cassation concerning cassation appeals, with particular reference to the issue of failure to join necessary parties to the proceedings. This decision offers food for thought on the management of civil proceedings and the protection of the rights of the parties involved.

Context of the Judgment

In the specific case, the appellant, B. (R.), had a claim against B. (M.) dismissed in a prior merits judgment, thus being the prevailing party. However, they subsequently filed a cassation appeal, highlighting the failure to join necessary parties. The Court declared the appeal inadmissible, establishing that there was no advantage for the appellant from the participation of the necessary parties in the proceedings.

APPEAL FOR - IN GENERAL Cassation appeal filed by the appellant, who prevailed in the merits judgment - Allegation concerning the failure to join necessary parties - Inadmissibility - Basis. A cassation appeal filed by an appellant who prevailed in the merits judgment as a result of the dismissal of the claim against them, alleging the failure to join necessary parties, is inadmissible due to lack of interest, as no advantage, not even abstractly, can be envisaged from the participation of such parties in the proceedings.

Analysis of the Judgment

The Court of Cassation, referring to Articles 102 and 360 of the Code of Civil Procedure, clarified that a cassation appeal must be motivated by a concrete and current interest. In the case at hand, the victory in the merits judgment excluded any possibility of obtaining an advantage from the participation of the necessary parties in the subsequent proceedings. This aspect represents an important limitation for the appellant, who cannot invoke a violation of the adversarial principle if they already enjoy a favorable procedural position.

• Inadmissibility of the appeal due to lack of interest
• Importance of the appellant's procedural position
• Clarity on the limits of the adversarial principle

Conclusions

In conclusion, Order No. 21809 of 2024 underscores the importance of legal certainty in civil proceedings. The decision of the Court of Cassation serves to clarify the limits of inadmissibility of a cassation appeal, highlighting that the favorable position of an appellant in the merits judgment excludes the possibility of challenging the failure to join necessary parties. This is a crucial aspect for ensuring the effective functioning of justice, which must always consider the real interests of the parties involved.