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 referral to the Judicial Court occurs by filing a copy of the writ of summons with the court registry, at the initiative of one of the parties (Art. 754, para. 1, CPC) . Failing this, the court is not validly seized, and the proceedings are not initiated. Consequently, the two-year peremption period provided by Article 386 of the Code of Civil Procedure does not begin to run .
When the applica …

Referral to the Judicial Court

The referral to the Judicial Court occurs by filing a copy of the writ of summons with the court registry, at the initiative of one of the parties (Art. 754, para. 1, CPC) . Failing this, the court is not validly seized, and the proceedings are not initiated. Consequently, the two-year peremption period provided by Article 386 of the Code of Civil Procedure does not begin to run .

When the application is initiated by a writ of summons, the proceedings commence on the date the summons is issued, provided it is actually filed with the court registry . However, this filing must occur within a specific time frame, namely at least fifteen days before the hearing date, provided that this date was communicated more than fifteen days in advance (Art. 754, para. 2, CPC). If this time frame is not respected, the lapse of the summons may be declared ex officio by order of the judge. Failing that, it may also be requested at the application of a party (Art. 754, para. 3, CPC).

In the event of late submission to the court registry, the court has no discretionary power: it must declare the lapse and pronounce the peremption of the proceedings, without considering any actions taken by the parties . The lapse results in the termination of the proceedings, which can be recognized even before the Court of Appeal, and cannot be remedied by submissions on the merits . The writ of summons affected by lapse does not interrupt the running of the limitation period . Furthermore, in the case of successive summonses, the failure to submit the last summons to the court registry results in its lapse and also causes the limitation period to lose its interruptive effect .

Article 755 of the Code of Civil Procedure provides that the time limits for appearance and service of the writ of summons may be reduced by prior authorization of the judge in case of urgency (para. 1) or in cases specifically provided for by law or regulation (para. 2). However, in the absence of evidence demonstrating that the trial court judge authorized such a reduction of time limits, the Court of Appeal cannot, to dismiss a bar to proceedings based on the lapse of the summons, rely on the referral of the case to another date decided by the same judge, who did not ex officio note the lapse, to infer that on this new date when the case was evoked and deliberated, the lapse would no longer be applicable and could no longer be noted, since the Court of Appeal, seized of a bar to proceedings, remains obliged to examine it and, if necessary, to note the lapse . However, even when it is seized of submissions on the merits, the Court of Appeal is not obliged to ex officio note the lapse of the initial summons presented before the trial judges .

Cass. 3e civ., 10 December 1985, LawLex202200010314JBJ.

Cass. 2e civ., 29 February 1984, LawLex202200010313JBJ; Cass. com., 18 December 1984, LawLex202300002405JBJ.

Cass., opinion, 4 May 2010, LawLex202300013329JBJ; Cass. 1re civ., 18 November 2015, LawLex202300013322JBJ.

Cass. 2e civ., 15 May 1974, LawLex202400008982JBJ.

Cass. 1re civ., 10 October 1995, LawLex202400008949JBJ.

Cass. ass. plén., 3 April 1987, LawLex202400008950JBJ; Cass. 2e civ., 1 October 2009, LawLex202400003371JBJ.

Cass. 2e civ., 11 October 2001, LawLex202400008952JBJ.

Cass. 2e civ., 21 December 2023, LawLex202400008945JBJ.

Cass. 1re civ., 18 January 1989, LawLex202400008948JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

27. Referral to the Judicial Court

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

27. Referral to the Judicial Court

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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