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

Pursuant to Article L. 721-4, para. 1, of the Commercial Code, “the Commercial Court has jurisdiction over promissory notes bearing both traders' and non-traders' signatures.” At the defendant's request, however, the court must refer the matter to the Judicial Court when the promissory notes bear only non-traders' signatures and do not concern commercial operations, trade, exchange, banking, or brokerage (Art. L. 721-4, para. 2, Commercial Code).

Pursuant to Article L. 721-7 of the Commercial Code, the president of the Commercial Court may, concurrently with the enforcement judge, rule on interim protective measures when they aim to preserve a claim falling within the jurisdiction of the commercial court and are requested before any trial. However, this is only on the condition that these measures concern “movables and immovables in the cases and conditions provided for by the Code of Civil Enforcement Procedures” (Art. L. 721-7, 1° Commercial Code), “ships in the cases and conditions provided for by Articles L. 5114-20 and L. 5114-29 of the Transport Code” (Art. L. 721-7, 2° Commercial Code), “aircraft, in the cases and conditions provided for by the Civil Aviation Code” (Art. L. 721-7, 3° Commercial Code), and “inland navigation vessels with a tonnage equal to or greater than twenty tons, in the cases and conditions provided for by the Code of Public River Domain and Inland Navigation” (Art. L. 721-7, 4° Commercial Code).

Associated jurisdiction

89. Associated jurisdiction