Introduction

Role of the parties

Role of judge

Contentious matters

Concept

Powers of the judge

Principle of adversarial proceedings

Non-contentious matters

Underlying principles of civil proceedings

Right to bring civil action

Abuse of the right to bring proceedings

Type of action

Concept of action

Interest in bringing proceedings

Standing

Rules governing action

Legal action

Initial claim

Counterclaim

Additional claim

Intervention

Incidental claim

Interruption of limitation period

Application to file suit (demande en justice)

Defense on the merits

Procedural objections (exceptions de procédure)

Procedural bars to admissibility (fins de non-recevoir)

Defenses

Nature of claim

Amount of the claim

Jurisdiction ratione materiae

Principles

Exceptional territorial jurisdiction

Extension of jurisdiction

Territorial jurisdiction

Competent court

Formal requirements

Substantive requirements

Presentation of the QPC (Question prioritaire de constitutionnalité)

Referral to Court of Cassation

Referral to Constitutional Council

Referral of the QPC

Investigation procedure

Conduct of hearing

Decision of the Constitutional Council

Proceedings before Constitutional Council

Priority question of constitutionality (QPC)

Simplified case preparation procedure

Participative procedure for case preparation purposes

Extra-judicial case preparation

Recourse to technical expert

Agreements on extra-judicial case preparation (mise en état)

Disclosure of exhibits

Production of documents

Exhibits

Common provisions for investigations

Rules specific to each investigation

Investigative measures

Disputes concerning private deeds (actes sous seing privé)

Forgery procedure against authentic instruments

Challenges to documentary evidence

Oath sworn as decisive evidence

Oath tendered by way of supplementation

Judicial oath

Administration of evidence

Hearings

Deliberations

Judgment

Formation

Judgment after adversarial proceedings

Judgment by default or judgment after trial

Contentious or non-contentious judgment

Judgment on the merits or provisional ruling (avant dire droit)

Combined judgment

Provisional judgment

Judgment in fast track proceedings

Types

Joinder and severance of proceedings

Interruption of proceedings

Suspension of proceedings

Discontinuance of proceedings (extinction)

Procedural incidents

Plea of lack of jurisdiction

Recusal/Dismissal for legitimate suspicion

Challenging the judge's competence

General rules

Voluntary intervention

Compulsory intervention

Joinder in proceedings (intervention)

Existence of a judgment

Same subject matter, cause, and parties

Authority of res judicata

General conditions of enforcement

Provisional enforcement

Grace period

Enforcement of the judgment

Bearing of costs

Order to pay non-recoverable costs

Verification/Recovery

Claims/Disputes

Costs and expenses

Ordinary remedies

Extraordinary remedies

Remedies

Judgments

Calculation of time-limits

Acts of judicial commissioners

Service of documents

Ordinary notification

Notification between lawyers

International notification

Place of notification

Notification

Communication by electronic means

Procedural acts

1. Ordinary Law of Civil Procedure

The president (presiding judge) of the judicial court has special powers insofar as Articles L. 213-1 and R. 213-1 of the Code of Judicial Organization provide that the president of the Judicial Court has jurisdiction in matters determined by law and regulation. Thus, he or she has exclusive jurisdiction, in particular, over disputes relating to the determination of the price of commercial leases  …

Jurisdiction of the President of the Judicial Court

The Judicial Court, resulting from the merger between the Tribunal de grande instance and the Tribunal d'instance (district court and local court) as enacted by Law No 2019-222, constitutes the ordinary law jurisdiction of the first degree. It rules, pursuant to Article L. 211-1 of the Code of Judicial Organization (Code de l’organisation judiciaire - COJ) , in first instance in civil and criminal matters. There is at least one Judicial Court per Court of Appeal jurisdiction (Art. L. 211-2 COJ). The Judicial Court hears all civil and commercial cases for which jurisdiction is not assigned, due to the nature of the claim, to another court (Art. L. 211-3 COJ). The Court of Cassation affirms this full scope of jurisdiction: the Judicial Court hears all exceptions or defenses that do not raise a question falling under the exclusive jurisdiction of another court .

Outside its seat, proximity chambers called proximity courts, whose seat, jurisdiction, and subject-matter jurisdiction are set by decree (Art. L. 212-8, para. 1, COJ), may be assigned additional subject-matter jurisdiction within their jurisdiction by a joint decision of the first president of the court of appeal and the public prosecutor at that court, after consulting with the ranking magistrate of the courts and the relevant court council. (Art. L. 212-8, para. 2, COJ). Finally, the Judicial Court rules subject to appeal in matters for which jurisdiction is not expressly assigned to another court due to the nature of the claim (Art. R. 211-3 COJ). When it is called upon to hear, in civil matters, a personal or movable action concerning a claim amounting to EUR 5,000 or less, it rules as a final court (Art. R. 211-3-24 COJ).

Cass. 3e civ., 29 May 2002, LawLex202200006353JBJ (regarding at the time the jurisdiction of the tribunal d'instance).

General jurisdiction

The Judicial Court has exclusive jurisdiction in matters determined by laws and regulations (Art. L. 211-4 COJ). It handles actions for compensation for bodily injury (Art. L. 211-4-1 COJ) as well as applications made under Regulation No 861/2007 of 11 July 2007 establishing a European small claims procedure  (Art. L. 211-4-2 COJ). Applications relating to the fees, emoluments, and disbursements of legal assistants and public or ministerial officers in cases provided for by Article 52 of the Code of Civil Procedure, without prejudice to specific provisions regarding lawyers' fees set out in Article L. 311-7 of the Code of Judicial Organization and Article 179 of the Decree of 27 November 1991  (Art. L. 211-6 COJ) also fall within its jurisdiction. Similarly, in cases provided for by Article 16 of the Law of 31 December 1971 , the Judicial Court performs the functions of the Bar Council (Art. L. 211-7 COJ). Finally, class actions (actions de groupe) defined in Chapter III of Title II of Book VI of the Consumer Code and by the Law of 18 November 2016  fall under the exclusive jurisdiction of the Judicial Court (Art. L. 211-9-2 COJ).

In civil matters, the Code of Judicial Organization assigns specific functions to judges of the Judicial Court (Art. L. 213-1 et seq. COJ). Each court includes one or more pre-trial judges (Art. R. 213-7 COJ), delegated to family matters (Art. L. 213-3-1, R. 213-8, and R. 213-9 COJ), responsible for overseeing protection litigation (Art. L. 213-4-1 et seq. COJ) and the execution of investigative measures and letters rogatory from abroad (Art. R. 213-12.1 COJ). Finally, the functions of the enforcement judge are entrusted to the president of the Judicial Court within the jurisdiction of the court and, if necessary, within each local chamber (Art. L. 213-5 to L. 213-7; Art. R. 213-10, para. 1, COJ).

Regulation (EC) No 861-2007 of 11 July 2007 establishing a European Small Claims Procedure, OJEC 31 July 2007.

Decree No 91-1197 of 27 November 1991 organizing the legal profession, OJ 28 November 1991.

Law No 71-1130 of 31 December 1971 on the reform of certain judicial and legal professions, JO 5 January 1972.

Law No 2016-1547 of 18 November 2016 on the modernization of justice in the 21st century, OJ of 19 November 2016.

Special jurisdiction

Certain judicial courts are assigned specific functions in matters:

- of industrial property and literary and artistic property, in the cases and conditions provided for by the Intellectual Property Code (Art. L. 211-10 COJ) ;

- of international child abduction (Art. L. 211-12 COJ);

- on the adoption and recognition of adoption judgments rendered abroad (Art. L. 211-13 COJ);

- of publicity and competitive tendering obligations to which the awarding of private law contracts related to public procurement is subject, in the cases and conditions provided for by Articles 2 to 20 of Ordinance No 2009-515 of 7 May 2009  (Art. L. 211-14 COJ);

- social security disputes (Art. L. 211-16, 1°, COJ);

- for admission to social assistance (Art. L. 211-16, 2°, COJ) and disputes concerning the application of Article L. 4162-13 of the Labor Code (Art. L. 211-16, 3°, COJ).

Furthermore, pursuant to Article L. 211-20 of the Code of Judicial Organization, within the jurisdiction of each Court of Appeal, a specially designated Judicial Court hears actions related to ecological damage based on Articles 1246 to 1252 of the Civil Code (1°), civil liability actions provided for by the Environmental Code (2°), and civil liability actions based on special liability regimes applicable in environmental matters resulting from European regulations, international conventions, and laws enacted for the application of those conventions (3°).

When there are multiple Judicial Courts in the same department, Article L. 211-9-3 of the Code of Judicial Organization provides that a decree may specifically grant them jurisdiction to exclusively hear certain civil matters, the list of which is determined by considering the volume of cases involved and the technicality of these matters, across the jurisdictions of these courts. This rule may also apply to Judicial Courts located in two different departments when their geographical proximity and territorial specificities justify it (Art. L. 211-9-3, III, COJ). Finally, actions related to the duty of vigilance based on Articles L. 225-102-4 and L. 225-102-5 of the Commercial Code (Art. L. 211-21 COJ) fall under the jurisdiction of the Judicial Court of Paris.

The contentious matters concerned include copyright, French or Community designs, patents, utility certificates, supplementary protection certificates, semiconductor product topographies, plant variety rights, geographical indications, and French or European Union trademarks.

Ord. 2009-515 of 7 May 2009 on the remedies procedures applicable to public procurement contracts, OJ of 8 May 2009.

Specific jurisdiction of certain courts

The president (presiding judge) of the judicial court has special powers insofar as Articles L. 213-1 and R. 213-1 of the Code of Judicial Organization provide that the president of the Judicial Court has jurisdiction in matters determined by law and regulation. Thus, he or she has exclusive jurisdiction, in particular, over disputes relating to the determination of the price of commercial leases in the cases and conditions provided for by Article R. 145-23 of the Commercial Code (Art. R. 213-2, 1°, COJ); disputes relating to the price of construction leases in the cases and conditions provided for by Article L. 251-5 of the Construction and Housing Code (Art. R. 213-2, 2°, COJ); amicable settlement, reorganization, and judicial liquidation of agricultural operations in the cases and conditions provided for by Articles L. 351-2 to L. 351-8 of the Rural and Maritime Fishing Code (Art. R. 213-3 COJ); disputes relating to the obligations of publicity and competition to which the awarding of private law contracts subject to public procurement is subject (Art. R. 213-5-1 COJ); and actions and applications in the cases and conditions provided for in the Customs Code (Art. R. 213-5-2 COJ).

Beyond these specific subject-matter jurisdictions, the president is endowed with special jurisdictional powers. Under Article L. 213-2 of the Code of Judicial Organization, it rules, in all matters, in interim proceedings or on application, and, in cases provided for by law or regulation, according to the expedited procedure on the merits (Art. 839 CPC) . Thus, it can order on application any urgent measures when circumstances require that they not be taken adversarially (Art. 845, para. 2, CPC). It can also, in all urgent cases and within the limits of its jurisdiction, order in interim proceedings any measures that do not face serious challenge or that are justified by the existence of a dispute (Art. 834 CPC), and, even in the presence of a serious challenge, prescribe in interim proceedings the protective or restorative measures that are necessary, either to prevent imminent harm or to stop a manifestly unlawful disturbance. In cases where the existence of the obligation is not seriously contestable, it can grant an advance to the creditor or order the performance of the obligation, even if it is an obligation to do (Art. 835 CPC). Its powers extend to all matters where there is no specific interim procedure (Art. 836 CPC) .

Finally, the president of the Judicial Court acts as the enforcement judge (Art. L. 213-5, para. 1, COJ). He has exclusive jurisdiction over difficulties related to writs of execution and disputes arising during compulsory enforcement, even if they concern the merits of the right, unless they fall outside the jurisdiction of the judicial courts (Art. L. 213-6, para. 1, COJ). He may also authorize interim protective measures and address disputes related to their implementation (Art. L. 213-6, para. 2, COJ), the procedure of real estate seizure, disputes arising from it, and claims arising from or directly related to this procedure, even if they concern the merits of the right, as well as the distribution procedure resulting from it (Art. L. 213-6, para. 3, COJ), claims for damages based on the harmful execution or non-execution of compulsory enforcement measures or interim protective measures (Art. L. 213-6, para. 4, COJ), and the seizure of wages, except for claims or defenses falling outside the jurisdiction of the judicial courts (Art. L. 213-6, para. 5, COJ). Claims for damages based on the harmful execution or non-execution of compulsory enforcement measures or interim protective measures also fall within his jurisdiction, regardless of whether they are still ongoing at the time he is seized . However, the jurisdiction of the president of the court in his or her capacity as enforcement judge is not unlimited . The judge is not competent to assess the liability of notaries for the failure to complete formalities in drafting the disputed sale deed, as this claim is unrelated to the conditions of execution of the seizure  or to rule on disputes raised during the real estate seizure procedure, nor to decide on counterclaims arising from or related to it, when the creditor declares in written submissions that they withdraws . When seized with a dispute over an enforcement measure, the enforcement judge is only required to rule on the merits regarding the validity and execution difficulties of writs of execution directly related to the contested enforcement measure. It is not within his duties to rule on a payment claim  or to issue a payment order outside the cases provided by law .

Such is the case, for example, in matters of arbitration (Art. 1460 CPC).

This procedure replaced the “in the form of summary proceedings” procedure (Ord. No 2019-738 of 17 July 2019). The same powers are granted to it in disputes arising from the employment contract when they fall within its jurisdiction (Art. 838 CPC).

Cass. 2e civ., 27 February 2014, LawLex202200011325JBJ.

Cass. 2e civ., 22 June 2017, LawLex202200011523JBJ, on the lack of jurisdiction of the enforcement judge in matters of order to pay, as it does not constitute an order for seizure and sale.

Cass. 2e civ., 8 January 2015, LawLex202200011340JBJ; Cass. com., 22 March 2017, LawLex202200011326JBJ, on the liability action against a bank.

Cass. 2e civ., 11 January 2018, LawLex202200011603JBJ.

Cass. 2e civ., 3 December 2015, LawLex202200011522JBJ.

Cass. 2e civ., 19 November 2020, LawLex202200011341JBJ.

1. Ordinary Law of Civil Procedure

73. Jurisdiction of the President of the Judicial Court

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

73. Jurisdiction of the President of the Judicial Court

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise