Can you still appeal a judgment over a small sum? Since 24 August 2026, the answer depends on thresholds set by Morocco's new Code of Civil Procedure (Law No. 58.25). Some disputes are decided at last instance; others can no longer reach the Court of Cassation. These rules do not only matter after judgment: they come into play when the claim is drafted, because the amount claimed determines which remedies will be available.
Up to 10,000 DH: a final judgment at first instance
Under Article 30, the court of first instance (tribunal de première instance) rules at first and last instance when the value of the dispute does not exceed 10,000 dirhams (DH). In that case no appeal is possible: the first-instance judgment is the only review of the merits.
Above 10,000 DH, an appeal remains available. For small everyday disputes (an unpaid invoice, a deposit not returned, a consumer dispute), the first-instance hearing is often the only chance to convince the judge, and evidence should be prepared accordingly.
Commercial cases before the court of first instance
Article 31 provides that, where there is no commercial court in the district, the court of first instance may hear commercial cases up to 80,000 DH. Traders and companies located outside cities with a commercial court can therefore go to a closer court for disputes of moderate value.
For a creditor, the question of which court has jurisdiction must be settled before filing: a mistake at this stage costs time.
Cassation: 30,000 DH and rent disputes
Appeals to the Court of Cassation (Cour de cassation, the supreme court) are also restricted. Article 375 excludes them for cases worth 30,000 DH or less. It also excludes them, whatever the amount, for the recovery of rent, rental charges and rent review.
For landlords and tenants, this means the court of appeal's ruling will be final in these matters. The legal arguments must therefore be fully made at first instance and on appeal.
Judgments delivered before 24 August 2026
Article 643 provides that the new appeal rules do not apply to judgments delivered before 24 August 2026. A judgment delivered before that date remains subject to the previous conditions. Likewise, time limits that had started to run continue under the old rules, and the former jurisdiction rules still apply to cases ready for judgment.
Before concluding that a remedy is open or closed, always check the exact date of the judgment.
A strategy that starts with the claim
Since the value of the dispute determines the available remedies, it must be assessed carefully from the very first filing. A claimant who undervalues a claim may lose the right to appeal; an overly broad valuation, on the other hand, must be justifiable. The claim must remain genuine: Article 10 allows damages for proceedings brought in bad faith.
Our advice: put a precise figure on each head of claim, gather supporting documents before going to court, and check which court has jurisdiction in light of the 10,000 DH, 30,000 DH and 80,000 DH thresholds.
Sources
- Médias24, 10 August 2026: « Nouveau code de procédure civile : ce qui change dès le 24 août »
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.