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

Since the entry into force of Decree No 2019-1419 of 20 December 2019 , Article 876-1 of the Code of Civil Procedure provides that “in cases provided for by law or regulation, the president of the Commercial Court rules according to the expedited procedure on the merits,” formerly known as “procedure in the form of interim relief,” commonly used in commercial matters. When a special text grants the latter the power to rule according to this procedure, the decisions made are final in that they resolve the dispute and have the authority of res judicata on the merits.

Thus, Article 1843-4 of the Civil Code provides that “in cases where the law refers to this article to set the price conditions for the transfer of a partner's shares, or their buyback by the company, the value of these shares is determined, in case of dispute, by an expert appointed either by the parties or, failing agreement between them, by a judgment of the president of the competent judicial or commercial Court, ruling according to the expedited procedure on the merits and without possible appeal” . In the cases provided for in Articles L. 821-49 and L. 821-50 of the Commercial Code, Article R. 821-76 of the same code provides that “the president of the Commercial Court rules according to the expedited procedure on the merits on the application for disqualification or removal from office of a statutory auditor.”

The expedited procedure on the merits is an oral procedure governed by Article 481-1 of the Code of Civil Procedure. According to this text, the procedure is initiated by an application brought by way of a writ of summons to a hearing held on the day and time scheduled for this purpose (1°). The court is seized by the submission of a copy of the summons to the court registry before the date set for the hearing, under penalty of lapse of the summons noted ex officio by order of the judge, or, failing that, at the request of a party (2°). Then, on the day of the hearing, the judge ensures compliance with the adversarial principle by making sure that sufficient time has elapsed since the summons for the summoned party to prepare their defense (3°). Exceptionally, in the case of manifest urgency due to a deadline imposed by law or regulation, the president of the court, ruling on an application, may authorize a summons at a time he specifies, even on public holidays or non-working days (5°). However, the judge has the option to refer the case to the full bench, at a hearing for which he sets the date, which will rule according to the expedited procedure on the merits (4°). Finally, the judgment is provisionally enforceable by right under the conditions provided for in Articles 514-1 to 514-6 (6°), and the judge's decision may be appealed unless it is issued by the first president of the court of appeal or rendered as a final decision due to the amount or subject of the application (7°), with the appeal or opposition period being fifteen days.

Decree No 2019-1419 of 20 December 2019 relating to the expedited procedure on the merits before the Judicial Courts, OJ 0297 of 22 December 2019, Art. 5, 5°.

Cass. com., 14 February 2018, LawLex202300000377JBJ: the Court of Cassation clarified that no appeal is possible against the order made on the basis of these provisions relating to the determination of the price of a transfer of shares or against the decision interpreting it.

Expedited procedure on the merits

109. Expedited procedure on the merits