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

The Commercial Court is a special jurisdiction handling disputes in commercial matters. The ordinary procedure before the commercial court, which is essentially an oral procedure and remains subject to the general principles of civil procedure, was profoundly reformed by Law No 2019-222 of 23 March 2019 , as well as by Decrees No 2019-1333 of 11 December 2019  and No 2020-1452 of 27 November 2020 . A faster, simpler, and more understandable procedure for the litigant are the essential focuses of the reform. Decree No 2019-1333 of 11 December 2019 made the procedure more secure for the litigant by making the instruction of counsel mandatory before the Commercial Court, with a few exceptions.

The specific provisions applicable before the Commercial Courts are identical to those applicable before the Judicial Courts ruling on commercial matters when the jurisdiction does not have a Commercial Court.

Law No 2019-222 of 23 March 2019 on the 2018-2022 programming and reform for justice, OJ 0071 of 24 March 2019.

Decree No 2019-1333 of 11 December 2019 reforming civil procedure, OJ 0288 of 12 December 2019.

Decree No 2020-1452 of 27 November 2020 on various provisions relating in particular to civil procedure and the compensation procedure for victims of acts of terrorism and other offenses, OJ 0288 of 28 November 2020.

Procedure

97. Procedure