TObringing or resisting the trial with bad faith or gross negligence means nothing other than acting or resisting knowing that one's claim or objection is unfounded or without having used the normal diligence to acquire the awareness that one's position has no foundation
For the Ermines, conduct that is so distant from peaceful juridical principles, dating back to and repeatedly affirmed, constitutes "a hypothesis (at least) of gross negligence consisting in non intelligere quod omnes intelligunt".
With this severe criticism, the Court of Cassation therefore ordered the ex officio condemnation of the party, pursuant to paragraph 3 of article 96 of the Code of Civil Procedure, to pay in favor of the other party, by way of compensation for damages, an equitably fixed sum, pursuant to article 1226 of the civil code.
Acting or resisting in court arguing arguments that conflict with numerous precedents of the Cassation determines a conviction pursuant to art. 96, co. 3, cpc