Key facts of the case - The applicant complains that his stepmother (the third wife of his father) has unfairly decided to cremate his father. He argues that it goes against the deceased’s religious beliefs: “every cremation makes the deceased of Jewish religion a martyr”. He sought compensation before the court of first instance of Nanterre, which rejected his claim.

Main reasoning of the court - The Court of appeal of Versailles upholds the first judgment. Referring to its constant position in this matter: the judge has to seek by all means which was the deceased’s will and when this lacks, he has to designate the best qualified person to decide of the funeral details. In the case at hand, the judge takes into account that the life in common of the spouses had lasted nearly forty years. Moreover, the son was rarely in touch with his father and had visited him regularly only when he was in rest-home. The court also considers that the son had been informed of the widow’s intention to cremate her husband and that he did not react and did not attend his father’s funeral. Lastly, even if the decease’s parents were Jewish and was interested in this religion, there is no element showing that he practiced this religion and did not wish not to be cremated. Accordingly, the wife was the best qualified person to decide of the cremation.