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 writ of summons must contain the information common to all claims in contentious matters before civil courts, as specified in Article 54 of the Code of Civil Procedure:
- the court before which the application is brought (Art. 54, para. 2, 1°, CPC);
- the subject of the application (Art. 54, para. 2, 2°, CPC);
- for natural persons, the surname, first names, profession, domicile, nationality,  …

Common provisions for applications in contentious matters

The writ of summons must contain the information common to all claims in contentious matters before civil courts, as specified in Article 54 of the Code of Civil Procedure:

- the court before which the application is brought (Art. 54, para. 2, 1°, CPC);

- the subject of the application (Art. 54, para. 2, 2°, CPC);

- for natural persons, the surname, first names, profession, domicile, nationality, date and place of birth of each applicant (Art. 54, para. 2, 3°, a, CPC);

- for legal entities, their form, name, registered office, and the body that legally represents them (Art. 54, para. 2, 3°, b, CPC);

- where applicable, the information relating to the designation of real estate required for publication in the real estate file (Art. 54, para. 2, 4°, CPC);

- when it must be preceded by an attempt at conciliation, mediation, or participatory procedure, the steps taken towards an amicable resolution of the dispute or the justification for exemption from such an attempt (Art. 54, para. 2, 5°, CPC).

Pursuant to Article 56, the writ of summons must also include:

- The place, date, and time of the hearing at which the case will be called (Art. 56, 1° CPC) .

- The subject of the application with a statement of the factual and legal grounds (Art. 56, 2° CPC) , since a court action results from the motivation of the initiating document . A writ of summons lacks sufficient grounds in law when an SCI (real estate investment company) merely requests the invalidity of a general meeting by stating that the co-owners were allegedly misled . Failure to specifiy the subject-matter of the application constitutes a formal defect that may lead to the invalidity of the document, provided that proof of resulting prejudice is demonstrated . Thus, failure to state the legal basis for the claim or the subsequent invocation of overly general grounds causes prejudice to the appellant, as it does not allow him or her to respond accurately and effectively, in law, to the claim made against him or her .

- The list of exhibits on which the application is based in a schedule annexed thereto (Art. 56, 3° CPC) .

- The indication of the procedures for appearance before the court and the specification that, should the defendant fail to appear, a judgment may be rendered against them based solely on the elements provided by their opponent (Art. 56, 4° CPC). The absence of this mention constitutes a formal defect that may lead to invalidity, subject to the demonstration of a grievance .

Article 56 specifies in fine that the writ of summons contains, where applicable, the designated chamber and serves as submissions.

Cass. 2e civ., 23 October 2008, LawLex202300013324JBJ.

Cass. 2e civ., 6 April 2006, LawLex202200006623JBJ; 13 November 2014, LawLex202200010629JBJ; 22 October 2020, LawLex202200006959JBJ.

Cass. 3e civ., 26 May 1992, LawLex202200006841JBJ.

Cass. 2e civ., 6 April 2006, LawLex202200006623JBJ.

Nîmes, 8 April 2008, LawLex202400009105JBJ; Nîmes, 6 October 2009, LawLex202400009104JBJ.

CA Besançon, 15 May 2008, LawLex202400009107JBJ.

Cass. 2e civ., 3 April 2003, LawLex202200006620JBJ, rendered before Decree No 2019-1333 of 11 December 2019 reforming civil procedure, which establishes this obligation on pain of invalidity and specifies that the obligation to list in the writ of summons and by an annexed schedule the documents on which the claim is based is not subject to any sanction, nor does it constitute a substantive or mandatory public policy formality, so that the company summoned to the proceedings cannot effectively invoke a lack of disclosure, which is only the consequence of its failure to appear.

Cass. 1re civ., 1 June 1994, LawLex202300013319JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

25. Common provisions for applications in contentious matters

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25. Common provisions for applications in contentious matters

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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