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

For certain specific matters, territorial jurisdiction is specified. Thus, in real estate law, the competent court is that of the location of the property (Art. 44 CPC). In matters of succession, it is the court of the place where the succession is opened, generally the last domicile of the deceased (Art. 45 CPC).
Although the rules of territorial jurisdiction are primarily established by the Code …

Special territorial jurisdiction

For certain specific matters, territorial jurisdiction is specified. Thus, in real estate law, the competent court is that of the location of the property (Art. 44 CPC). In matters of succession, it is the court of the place where the succession is opened, generally the last domicile of the deceased (Art. 45 CPC).

Although the rules of territorial jurisdiction are primarily established by the Code of Civil Procedure, certain specific provisions provide for special territorial jurisdiction, particularly depending on the nature of the dispute.

According to Article R. 211-7 of the Code of Judicial Organization, the Judicial Court competent to hear actions concerning European Union trademarks, Community designs or models, in accordance with the Intellectual Property Code, as well as actions concerning patents, utility certificates, supplementary protection certificates, and topographies of semiconductor products, is the one in Paris (Art. D. 211-6 COJ).

Article R. 211-7-1 specifies that the Judicial Court of Paris also has jurisdiction to hear actions provided for in II of Article 2444 of the Civil Code, relating to the liability of the State for faults committed by the services responsible for land registration publicity.

Pursuant to Article D. 211-7-2, the Judicial Court of Paris has exclusive jurisdiction to hear actions based on Article L. 163-2 of the Electoral Code, concerning inaccurate or misleading allegations or imputations likely to compromise the integrity of the election (election of deputies) and challenges to the decisions of the administrative commission regarding consular electoral lists for French citizens residing abroad (Articles R. 211-7-1 and R. 211-10-4 of the COJ).

Actions referred to in 2° of Article R. 211-3-7, concerning disputes between carriers and shippers or consignees regarding compensation for loss, damage, misappropriation of parcels and luggage, including postal parcels, or delivery delays, limited to the rates set by agreements concluded between concessionary carriers and the State, as well as those relating to correspondence, registered items, and shipments with declared value, whether refundable or not, must be brought before the court of the jurisdiction of the domicile of the shipper or consignee (Art. R. 211-13 COJ).

The Judicial Court of Paris has jurisdiction over actions related to the duty of vigilance of undertakings, in accordance with Articles L. 225-102-4 and L. 225-102-5 of the Commercial Code (Art. L. 211-21 of the COJ).

Finally, in matters of commercial leases, jurisdiction belongs to the Judicial Court or the president of the Judicial Court in whose jurisdiction the building is located (Art. R 145-23 Commercial Code).

2. Proceedings before the Judicial Court and the Commercial Court

13. Special territorial jurisdiction

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Les notions juridiques connexes

13. Special territorial jurisdiction

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Les notions juridiques connexes

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