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

Groups, such as professional organizations or professional orders, as well as certain associations, are authorized by law to defend the collective interest of those they represent. Thus, under Article L. 2132-3, para. 2, of the Labor Code, unions “may, before all courts, exercise all rights reserved to the civil party concerning acts causing direct or indirect harm to the collective interest of th …

Defense of collective interest

Groups, such as professional organizations or professional orders, as well as certain associations, are authorized by law to defend the collective interest of those they represent. Thus, under Article L. 2132-3, para. 2, of the Labor Code, unions “may, before all courts, exercise all rights reserved to the civil party concerning acts causing direct or indirect harm to the collective interest of the profession they represent” . In other words, unions have an interest in bringing proceedings when the collective interest of the profession is harmed due to the violation of mandatory legal and contractual provisions. This is not the case for the works council, which does not have standing to initiate or intervene in an action aimed at compliance with or enforcement of legal or contractual provisions . The collective interest of a profession can be defined as a “common interest to all members of a profession that unions are authorized to defend in court, distinct from the individual interests of their members” . It does not matter whether the creation of the union predates the events for which it seeks redress . Similarly, the method of recruiting union members does not prevent it from taking legal action in the interest of the profession . It is not necessary for the organization to be recognized as representative .

Professional orders, like unions, are authorized by the legislator to act in defense of the collective interests of the profession they represent. This is the case for the National Council of the Order of Physicians, which justifies, to defend the collective interests of the profession, a legitimate interest in bringing proceedings for unfair competition against a company that has published offers to purchase medical services  or for the National Bar Council to act in the recovery of its contributions .

The standing of associations to defend a collective interest is not subject to a general principle rule established by the legislator. It is recognized by certain texts and by case law. After initially being reluctant to the action of associations in defense of a collective interest , the Court of Cassation established the principle that, without legislative authorization, an association can only take legal action on behalf of collective interests if these fall within its corporate purpose , even in the absence of an express statutory provision . Therefore, an association whose purpose is to contribute to the protection of nature can, under its corporate purpose, seek compensation for the collective damage resulting from the illegal clearing of a natural area of ecological, faunal, and floral interest . However, an association whose general purpose is environmental protection cannot claim an interest in bringing proceedings against the National Agency for Radioactive Waste Management for disseminating inaccurate information about the geothermal resources of a site likely to create a risk of accidental intrusion .

It is primarily in consumer law that a predominant role in representing the collective interest is recognized by the legislator to consumer protection associations, which have various means of action at their disposal. Article L. 621-1 of the Consumer Code sets the conditions that a consumer association must meet to bring legal action: be duly registered, have the explicit statutory purpose of defending consumer interests, and be approved to exercise the rights recognized to the civil party concerning acts causing direct or indirect harm to the collective interest of consumers. The Consumer Code allows approved consumer associations to exercise the rights recognized to the civil party for acts causing direct or indirect harm to the collective interest of consumers (Art. L. 621-1) and to request the court seized to order the defendant or accused, if necessary under penalty, to take any measure intended to stop unlawful acts or to remove an unlawful clause in the contract or type of contract offered to consumers (Art. L. 621-2). Pursuant to Articles L. 621-7 and L. 621-8 of the Consumer Code, approved associations may also act before the civil court to stop or prohibit any unlawful act concerning the provisions transposing the directives mentioned in the annex to Directive No 2009-22 of 23 April 2009 or obtain, if necessary under penalty, the removal of an unlawful or abusive clause in any contract or type of contract offered or intended for the consumer. They also have the possibility to act jointly or intervene to obtain compensation for any act causing direct or indirect harm to the collective interest of consumers (Art. L. 621-9 Consumer Code).

Article L. 211-3, 4° of the Code of Social Action and Families provides that “the national union and the departmental unions of family associations are authorized, without prejudice to any rights and prerogatives that may result from their statutes, to bring civil action before all courts, without having to justify an approval or prior authorization from the public authority, including the approval provided for in Article L. 621-1 of the Consumer Code, regarding acts likely to harm the moral and material interests of families, including for offenses provided for by Article 227-24 of the Criminal Code.”

Furthermore, Article L. 452-1, para. 1, of the Monetary and Financial Code states that “associations duly registered with the explicit statutory purpose of defending investors in financial securities or financial products may take legal action before all courts, including by filing as a civil party, concerning facts causing direct or indirect harm to the collective interest of investors or certain categories of them.”

Finally, the approved environmental protection associations, pursuant to the provisions of Article L. 141-1 of the Environmental Code, may exercise the rights recognized to the civil party concerning acts constituting an offense against the provisions of Titles I, II, III, IV, and VI of Book IV of the Urban Planning Code and causing direct or indirect harm to the collective interests they aim to defend . Similarly, Law No 2016-1087 of 8 August 2016  established the standing to seek redress for ecological damage for associations approved or created at least five years prior to the date of initiation of proceedings, whose purpose is the protection of nature and the defense of the environment (Art. 1248 Civil Code).

Cass. soc., 24 June 2008, No 07-11.411, LawLex202200006094JBJ.

Cass. soc., 14 December 2016, No 15-20.812, LawLex202200006090JBJ..

Cass. 1re civ., 18 September 2008, No 06-22.038, LawLex202200006066JBJ.

Cass. 3e civ., 1 July 2009, No 07-21.954, LawLex202200010204JBJ.

Cass. 3e civ., 24 May 2018, No 17-18.866, LawLex202200006079JBJ.

Cass. 2e civ., 14 June 2007, No 06-15.352, LawLex202200006072JBJ.

Law No 2016-1087 of 8 August 2016 for the recovery of biodiversity, nature, and landscapes, OJ of 9 August 2016.

Definition by CORNU, Vocabulaire juridique, under Intérêt.

Cass. crim., 16 October 2002, No 01-86.571, LawLex202200009598JBJ.

Cass. com., 14 January 1974, No 72-14.054, LawLex202200009597JBJ, Bull. civ. IV No 17.

Cass. crim., 31 January 2012, No 11-84.113, LawLex202200009600JBJ.

Cass. 1re civ., 12 December 2018, No 17-27.415, LawLex201800001993JBJ.

Cass. 1re civ., 19 January 2022, No 19-25.772, LawLex202200006067JBJ.

Cass. 1re civ., 16 January 1985, No 83-14.063, LawLex201400000259JBJ.

Cass. 1re civ., 2 May 2001, No 99-10.709, LawLex202200005965JBJ; Cass. 2e civ., 27 May 2004, No 02-15.700, LawLex202200005976JBJ.

1. Ordinary Law of Civil Procedure

55. Defense of collective interest

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

55. Defense of collective interest

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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