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 Code of Civil Procedure provides jurisdictional options that offer claimants, in their interest, a choice regarding the territorially competent court, in addition to the one where the defendant resides, depending on the dispute.
Thus, in tortious matters, the claimant has the option to bring proceedings either before the court of the place where the harmful event occurred or the court within w …

Jurisdictional options

The Code of Civil Procedure provides jurisdictional options that offer claimants, in their interest, a choice regarding the territorially competent court, in addition to the one where the defendant resides, depending on the dispute.

Thus, in tortious matters, the claimant has the option to bring proceedings either before the court of the place where the harmful event occurred or the court within whose jurisdiction the damage was suffered (Art. 46 CPC). In contractual matters, the claimant has the option to bring proceedings before the court of the place of actual delivery of the goods or the place of performance of the service. In mixed real estate matters, jurisdiction belongs to the court of the place where the property is located . Finally, in matters of alimony or contribution to marital expenses, the court of the place where the creditor resides may be seized by the claimant (Art. 46 CPC). The Court of Cassation considers that a claimant who opts in the first instance for one of the alternatives offered by Article 46 of the Code of Civil Procedure cannot, before the court of second instance, change their choice .

Article 47, para. 1, of the Code of Civil Procedure allows the claimant to bring proceedings before a court located in an adjacent jurisdiction when a judge or an auxiliaire de justice (officer of the court) is a party to a dispute that falls under the jurisdiction of a court where they perform their duties. “Auxiliaire de justice” refers to “members of various professions who contribute to the administration of justice, either primarily by assisting the judge in their functions (...) or primarily by supporting the parties (...) by representing, assisting, or aiding them in various ways (...) and who who operate under different professional or legal statuses (...).” The contribution to the functioning of justice must be provided on a regular basis. Thus, a judicial expert  or notaries who may occasionally perform expert or consultant missions for courts within the jurisdiction where they practice, distinct from their main activity , are not considered to be auxiliaires de justice.

Cass. 2e civ., 24 April 1981, LawLex202300000455JBJ: the competent court is that of the city where a civil company has always had its registered office and where general meetings are held.

Cass. 2e civ., 1 July 1992, LawLex202200006308JBJ.

Cass. 2e civ., 7 mai 1980, LawLex202300000397JBJ.

Cass. soc., 3 juin 1982, LawLex202300000398JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

12. Jurisdictional options

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

12. Jurisdictional options

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise