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 has jurisdiction over disputes relating to commitments between traders, artisans, credit institutions, financing companies, or among them (Art. L. 721-3, 1° Commercial Code), to which must be added those relating to commercial companies (Art. L. 721-3, 2° Commercial Code) and commercial actions between all persons (Art. L. 721-3, 3° Commercial Code). The Commercial Court has exclusive jurisdiction over disputes falling under this text . A claim that does not fall within the subject-matter jurisdiction of the Commercial Court, as defined by these provisions, falls under the jurisdiction of the Judicial Court . When several claims fall under the jurisdiction of the Commercial Court pursuant to Article L. 721-3 of the Commercial Code, the legal extension of jurisdiction resulting from the connection cannot benefit the Judicial Court, as the ordinary law court, since the Commercial Court is a court of exception with exclusive jurisdiction .

Furthermore, within the limits of their subject-matter jurisdiction, the Commercial Courts have jurisdiction over applications made pursuant to Regulation No 861/2007 of 11 July 2007 establishing a European Small Claims Procedure (Art. L. 721-3-1 Commercial Code).

Cass. com., 27 October 2009, LawLex202200011133JBJ, which quashes the appeal decision that holds, to declare the Judicial Court competent, that if the Commercial Court, pursuant to Article L. 721-3 of the Commercial Code, is the natural judge of the parties since the dispute, unrelated to the status of commercial leases, opposes two merchants regarding the payment of invoices, the Judicial Court, which hears all cases for which jurisdiction has not been expressly assigned to another court, is not incompetent to hear the dispute whose jurisdiction has not been expressly assigned to the Commercial Court, whereas the Commercial Courts hear disputes relating to commitments between merchants; Cass. 1re civ., 14 January 2016, LawLex202400008747JBJ; Cass. 2e civ., 13 October 2016, LawLex202100006417JBJ.

Cass. civ., opinion, 18 March 2013, LawLex202200011130JBJ, D. 2013, 845; JCP E 2013, No 279.

Cass. 1re civ., 14 January 2016, LawLex202400008747JBJ, cited above . Conversely, see Cass. com., 15 November 2017, LawLex202400009122JBJ, which holds that the dispute between the liquidator and the auditing firms, which the Commercial Court is seized of, is not based on the provisions of Article L. 651-2 of the Commercial Code and is based on faults attributed to the auditors in the performance of their duties before the commencement of judicial reorganization, is not born from the company's insolvency proceedings and is not subject to its legal influence, so that the application for referral due to connection to the Judicial Court of the action against the auditing firms is admissible.

Default jurisdiction

85. Default jurisdiction