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 legislator grants, in various scenarios, the right to bring proceedings on behalf of the person or undertaking whose interests are at stake to authorized individuals, organizations, or institutions. This is referred to as a substitution action . Thus, the Minister of the Economy may, pursuant to Article L. 442-4 of the Commercial Code, act to cease unfair (abusive) practices, declare unlawful  …

Defense of the personal interests of others by authorized persons

The legislator grants, in various scenarios, the right to bring proceedings on behalf of the person or undertaking whose interests are at stake to authorized individuals, organizations, or institutions. This is referred to as a substitution action . Thus, the Minister of the Economy may, pursuant to Article L. 442-4 of the Commercial Code, act to cease unfair (abusive) practices, declare unlawful terms and contracts null and void, request the restitution of unduly obtained benefits, and seek the imposition of a civil fine. The administrator, judicial representative, commissioner for the execution of the plan, or liquidator are also authorized, within the framework of collective proceedings, to act in their capacity as judicial representatives to represent the interests of the parties involved in the proceedings. Specifically, Article L. 632-4 of the Commercial Code reserves the action for nullity of acts carried out during the suspect period to the administrator, judicial representative, administrator of the asset disposal plan, or the Public Prosecutor's Office.

The Labor Code also recognizes standing to act in the individual interest of an employee for representative representative labor organizations. In the case of a fixed-term employment contract, representative organizations in the company have, in particular, standing to defend the interests of employees without having to justify a mandate from the person concerned, provided that the employee is informed and does not oppose it, as the employee can always intervene in the proceedings and terminate them at any time (Art. L. 1247-1 Labor Code). Ordinance No 2007-329 of 12 March 2007  extended the scope of actions to defend the personal interests of employees by unions. Representative unions at the national or company level are now authorized to undertake all legal actions concerning professional equality between men and women (Art. L. 1144-2 Labor Code), economic dismissal (Art. L. 1235-8 Labor Code), collective agreements (Art. L. 2262-9 Labor Code), combating illegal work, especially in cases of labor-only contracting (Art. L. 8233-1 Labor Code), discrimination in individual employment relationships (Art. L. 1134-2 Labor Code) , harassment (Art. L. 1154-2 Labor Code) , temporary employment contracts (Art. L. 1251-59 Labor Code), contracts concluded with an employers' group (Art. L. 1253-16 Labor Code), actions in favor of employees temporarily posted by a company not established in France (Art. L. 1265-1 Labor Code), or foreign employees not authorized to work (Art. L. 8255-1 Labor Code). The union does not need to justify a mandate from the person concerned, who must, however, be informed and not oppose the action, which they can intervene in and terminate.

Moreover, an association, such as a traders association  or a tenants' association , may bring legal action for the collective defense of the individual interests of its members. However, the possibility of bringing legal action in the interest of the members of the group must be included in its bylaws . The trial courts must also determine whether the association has suffered a collective, direct, and personal harm, distinct from the damages specific to each of its members . An association is inadmissible to act in defense of the interests of a company that is not a member and, therefore, has not entrusted it with the defense of its interests .

Cass. soc., 1 February 2000, No 98-46.201, LawLex202200010024JBJ, which classifies the trade union's action as a substitution action, which is personal to it, and not an action by representation.

Ord. 2007-329 of 12 March 2007, OJ 13 March 2007.

In this case, it is the trade unions that are representative at the national level, at the departmental level, or within the community in Guadeloupe, Guyana, Martinique, Mayotte, Réunion, Saint-Barthélemy, and Saint-Martin, or within the undertaking, that are authorized to act. The action by substitution in matters of discrimination is also established by the Labor Code in favor of associations in Articles L. 1134-1 and following. The association must provide proof of having obtained the written consent of the person concerned after informing them of the nature and subject matter of the intended action (Art. 1263-1, para. 2, 1°, Code of Civil Procedure), the fact that the action will be conducted by the association, which may itself exercise remedies (Art. 1263-1, para. 2, 2°, Code of Civil Procedure), and finally, the fact that the person concerned may, at any time, intervene in the proceedings initiated by the association or terminate them (Art. 1263-1, para. 2, 3°, Code of Civil Procedure).

The written agreement of the employee is required in this case.

Cass. 1re civ., 15 May 1990, 88-19.780, LawLex202200010061JBJ.

Cass. 3e civ., 17 July 1997, No 95-18.100, LawLex202200005985JBJ.

Cass. 3e civ., 4 November 2004, No 03-11.377, LawLex202200005978JBJ.

Cass. com., 19 January 1999, No 96-19.495, LawLex202200010062JBJ.

1. Ordinary Law of Civil Procedure

54. Defense of the personal interests of others by authorized persons

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54. Defense of the personal interests of others by authorized persons

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Les décisions de justice citées dans ce paragraphe :

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