Bankruptcy Law

Under the terms of Article L. 621-2 of the commercial code, applicable to receivership procedure by reference from Article L. 631-7, “[t]he competent court is the commercial court if the debtor carries on a commercial or artisanal activity”. The jurisdiction of the commercial court is not determined solely by the purpose of the company in question, but may also be based on its commerciality by for …

Jurisdiction ratione materiae

Under the terms of Article L. 621-2 of the commercial code, applicable to receivership procedure by reference from Article L. 631-7, “[t]he competent court is the commercial court if the debtor carries on a commercial or artisanal activity”. The jurisdiction of the commercial court is not determined solely by the purpose of the company in question, but may also be based on its commerciality by form, as in the case of sole proprietorships with limited liability , general partnerships, limited partnerships, limited liability companies and joint stock companies.

Article L. 621-2 adds that “[t]he judicial court has jurisdiction in other cases.” This is the case when a company pursues a strictly civil corporate purpose, such as the construction of buildings with a view to resale , even if its manager is a commercial company indefinitely liable for its liabilities . The judicial court also has exclusive jurisdiction to rule on an application to open an insolvency procedure against a debtor engaged in the liberal activity of teaching music, even if registered in the SIRENE register, provided that no commercial or craft activity is involved .

These rules of jurisdiction are intended to apply both to the opening of the procedure, and to any disputes that may arise thereafter. Accordingly, the Court of Cassation has ruled that the insolvency court has no jurisdiction to rule on a claim for attachment of wages owed to an employee in insolvency procedure, which falls within the exclusive jurisdiction of the judicial court . Nor is it competent to rule on a dispute relating to contractual faults committed after the opening judgment and the termination of a franchise contract by the bankruptcy judge, since it cannot be considered as arising from the franchisee's insolvency procedure and is not subject to the legal influence of these procedure .

For an application, see CA Bordeaux, 15 December 2010, LawLex202100004390JBJ (S).

CA Paris, 23 September 2021, LawLex202100006028JBJ (S).

CA Versailles, 15 October 2009, LawLex202100004392JBJ (RJ).

CA Lyon, 27 March 2014, LawLex202100006046JBJ (LJ).

Cass. com., 13 April 2010, LawLex202100002111JBJ (LJ).

Cass. com. 7 February 2012, LawLex202100003313JBJ (RJ), holding that the jurisdiction designated by the franchise contract's jurisdiction clause remains competent.

Bankruptcy Law

321. Jurisdiction ratione materiae

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Les notions juridiques connexes

321. Jurisdiction ratione materiae

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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