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 commercial actions between all persons in accordance with Article L. 721-3, 3° of the Commercial Code . The definition of commercial acts refers to Articles L. 110-1 and following, which provide an exhaustive list of those acts . The commercial nature of the act is assessed on the date it was performed, even if the person who carried  …

Commercial acts

The Commercial Court has jurisdiction over disputes relating to commercial actions between all persons in accordance with Article L. 721-3, 3° of the Commercial Code . The definition of commercial acts refers to Articles L. 110-1 and following, which provide an exhaustive list of those acts . The commercial nature of the act is assessed on the date it was performed, even if the person who carried it has lost the status of a trader  on the day the writ of summons was served .

Independently of the status of trader, operations on the business assets constitute commercial acts justifying the jurisdiction of the Commercial Court . Thus, even if a person does not have the status of trader, they act within the framework of preparing to conduct a commercial activity as long as the purpose of the acts they perform is to make available to the public, for profit, a fitness center, thereby performing actions of a commercial nature . This is also the case when an act primarily involves the promise to transfer all the shares of the company, and this promise has the effect of transferring control of the company to the transferees or any person substituting them .

Acts carried out by a company with a commercial form constitute commercial acts for it, even if they are civil in nature. Thus, notwithstanding the civil nature of the mandate binding a general agent to an insurance company, the latter is entitled to claim the jurisdiction of the Commercial Court as long as the dispute involves two legal entities with the status of traders in the course of their statutory activities . The Commercial Court is also competent to hear the application seeking to order an expert assessment based on Article 145 of the Code of Civil Procedure, directed against a company of statutory auditors, constituted as a limited liability company and not as a professional practice company governed by the provisions of Law No 90-1258 of 31 December 1990 (current Ordinance No 2023-77 of 8 February 2023) and which has not amended its statutes to become one . Finally, a suretyship (cautionnement), which is by nature a civil act, acquires a commercial character when it is proven that the person has a personal, patrimonial, and decisive interest in acting as surety for the debtor commercial company .

Cass. 1re civ., 22 October 2014, LawLex202300000653JBJ.

See Cass. com., 5 December 2006, LawLex200600002520JBJ, which recalls that Article L. 110-1, 6° of the Commercial Code deems “any supply undertaking” as commercial actions, the text applying to the provision of services.

Cass. com., 1 December 2015, LawLex202400009235JBJ.

Cass. com., 12 March 2013, LawLex202200011100JBJ, which criticizes the Court of Appeal for having held, to reject the objection to jurisdiction, that having been registered in the trade and companies register from a certain date, the claimant was subsequently removed from it and that, even if certain contracts may have been concluded when he had the status of a trader, he lost this status at the time he brought the action before the court.

Cass. com., 19 June 1972, LawLex202400009225JBJ.

Cass. com., 14 October 2020, LawLex202400009120JBJ.

Cass. com., 10 March 1998, LawLex202200011245JBJ.

Cass. com., 29 September 2009, LawLex202400008749JBJ.

Cass. com., 11 January 1972, LawLex202400009236JBJ; 7 April 2004, LawLex202200011244JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

88. Commercial acts

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

88. Commercial acts

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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