Order No. 21850 of 2024: Clarifications on Time Limits for Cassation Appeals in Agricultural Disputes

The recent intervention by the Court of Cassation with Order No. 21850 of August 2, 2024, offers significant insights into the understanding of appeal deadlines in agricultural disputes. The ruling, issued by President R. F. and rapporteur R. F., addresses a crucial aspect concerning the time limit for filing a cassation appeal after a request for revocation.

Legal and Jurisprudential Context

The central issue of the ruling concerns the commencement of the short time limit for filing a cassation appeal against an appellate court judgment, which has already been subject to a request for revocation. According to the order, the time limit begins from the date of filing the request for revocation, as this act demonstrates knowledge of the decision for the purpose of exercising the right of appeal.

Agricultural disputes - Cassation appeal - Filing after request for revocation - Short time limit - Commencement - Basis. In agricultural disputes, the short time limit for filing a cassation appeal against an appellate court judgment, against which a request for revocation has already been made, commences from the date of filing the latter. This is because, in proceedings initiated by a petition (such as, in this case, the request for revocation), the filing of the document makes the knowledge of the decision evident for the purpose of exercising the right of appeal.

Practical Implications of the Ruling

Order No. 21850 of 2024 not only clarifies the commencement of the time limit but also fits into a broader jurisprudential context. The Court, referencing provisions such as Article 325 and Article 326 of the Code of Civil Procedure, highlights the importance of adhering to deadlines to ensure legal certainty and the proper functioning of justice. The ruling therefore serves as a reference point for future litigation in this area.

• Relevance of knowledge of the decision for the exercise of the right of appeal.
• Role of the request for revocation as an act that affects the commencement of time limits.
• Implications for the legal strategy of lawyers in agricultural disputes.

Conclusions

In conclusion, Order No. 21850 of 2024 represents an important legal clarification for professionals in the legal sector. It underscores the importance of correctly managing appeal deadlines in agricultural disputes. Knowing and correctly applying these provisions is fundamental to ensuring effective and timely defense, thus contributing to a fairer and faster justice system.