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

There are certain specific jurisdictional rules that derogate from the territorial jurisdictions of commercial courts. Thus, in matters of restrictive trade practices, disputes can only be brought before a limited number of courts, whose seats and jurisdictions are set out in the table in Annex 4-2-2 of the Commercial Code (Art. D. 442-3 Commercial Code). Appeals against decisions rendered by the  …

Specific rules

There are certain specific jurisdictional rules that derogate from the territorial jurisdictions of commercial courts. Thus, in matters of restrictive trade practices, disputes can only be brought before a limited number of courts, whose seats and jurisdictions are set out in the table in Annex 4-2-2 of the Commercial Code (Art. D. 442-3 Commercial Code). Appeals against decisions rendered by the courts specifically designated by Article D. 442-3 of the Commercial Code are brought before the Paris Court of Appeal . Failure to comply with this exclusive jurisdictional power is sanctioned by a bar to proceedings, which must be raised ex officio . These provisions cannot be overridden by a jurisdiction clause . In the field of anti-competitive practices and for the application of Article L. 420-7 of the Commercial Code, disputes are also brought before a limited number of courts, whose seats and jurisdictions are set out in the table in Annex 4-2 of the same code (Art. R. 420-3 Commercial Code).

In matters of insolvency proceedings, the territorial jurisdiction of commercial courts is governed by Articles R. 600-1 and following of the Commercial Code. According to the first of these texts, the territorially competent court to handle procedures for dealing with business difficulties is “the one in whose jurisdiction the debtor, a legal entity, has its registered office or the debtor, an individual, has declared the address of their business or activity.” In the absence of a registered office in French territory, the competent court is the one in whose jurisdiction the debtor has the main center of their interests in France (Art. R. 600-1, para. 1, Commercial Code). In the event of a change of registered office of the legal entity within the six months preceding the court's referral, Article R. 600-1, para. 2, provides that “the court in whose jurisdiction the initial registered office was located remains solely competent.” The text indicates that “this period runs from the date of the modification registration in the trade and companies register of the initial registered office.” These provisions apply to the territorial jurisdiction of the president of the court to appoint an ad hoc representative (Art. R. 600-2, Commercial Code). In the event of an extension of the insolvency proceedings and as an exception to the rules of territorial jurisdiction, the court initially seized of the proceedings whose extension to another company is requested remains competent to hear this request . In groups of companies, the initial commercial court is competent to hear any proceedings concerning a company that holds or controls a company for which proceedings are ongoing before it, and conversely, to hear any proceedings concerning a company that is held or controlled by a company for which proceedings are ongoing before it (Art. L. 662-8, para. 1, Commercial Code). It has the ability to appoint a common judicial administrator and judicial representative for all proceedings (Art. L. 662-8, para. 2, Commercial Code). Finally, the seat and jurisdiction of competent commercial courts in mainland France (Art. R. 600-3, Commercial Code) and in overseas departments (Art. R. 600-4, Commercial Code) are respectively set in accordance with the tables in Annexes 6-1 and 6-2, as well as 6-3 and 6-4 of the Commercial Code.

Cass. com., 18 September 2019, LawLex201900001092JBJ.

Cass. com., 29 March 2017, LawLex201700000598JBJ.

Cass. com., 1 March 2017, LawLex201700000387JBJL.

Cass. com., 4 January 2000, LawLex202100004142JBJ, which quashes the appeal judgment that holds, to dismiss the application for extension of the judicial liquidation proceedings, that the initiation of new collective proceedings before a jurisdiction distinct from the one where such proceedings are already ongoing concerning the same person constitutes a violation of the rules of territorial jurisdiction, whereas the extension procedure derogates from the rules of territorial jurisdiction and is applicable to a person subject to bankruptcy proceedings.

2. Proceedings before the Judicial Court and the Commercial Court

95. Specific rules

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Les notions juridiques connexes

95. Specific rules

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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