Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Commercial courts are courts of exception. They are only competent for cases assigned to them by law. However, this exceptional nature is tempered by the general nature of the jurisdiction granted to them (Articles L. 721-1 to L. 721-6 of the Commercial Code), which overrides all other exceptional jurisdictions, notably that of the Judicial Court.

The procedure before the Commercial Court reflects consular justice: it is quick, informal, thus oral, and aims at cost efficiency in proceedings. However, it has lost simplicity since the representation of the parties became mandatory, except for exceptions, following the adoption of Decree No 2019-1333 of 11 December 2019.

Under Law No 2023-1059 of 20 November 2023 , economic activity courts have been established on an experimental basis for a period of five years starting from 1 January 2025. The aim is to extend the jurisdiction of the current Commercial Court to include amicable and collective procedures. Regardless of the status and activity of the natural or legal person experiencing difficulties, the economic activity court will have jurisdiction to rule on:

- early warning procedures and amicable procedures;

- the appointment of a conciliator when the proceedings involve a debtor engaged in agricultural activity who is not constituted as a commercial company;

- all actions and disputes relating to commercial leases that arise from a safeguard, recovery, or judicial liquidation procedure against a debtor, and that have sufficient connection with it;

- the procedures mentioned in 1° to 4° of Article L. 721-8 of the Commercial Code that are heard by the Commercial Court specially designated pursuant to the same text.

Before the Court of Economic Activities, the parties are exempt from the obligation to instruct counsel when the claim involves an amount less than or equal to ten thousand euros or originates from the enforcement of an obligation whose amount does not exceed ten thousand euros, for disputes related to the maintenance of the commercial and companies register, or for the agricultural amicable settlement procedure. That said, they still retain the option to be assisted or represented by any person of their choice.

Law No 2023-1059 of 20 November 2023 on the orientation and programming of the Ministry of Justice 2023-2027, OJ 0269 of 21 November 2023.

83. Proceedings before the Commercial Court