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

Other specific mentions are also required and vary depending on whether representation is mandatory or not. Pursuant to Article 752 of the Code of Civil Procedure, in cases of mandatory representation by a lawyer, the writ of summons must include, on pain of invalidity:
- The instruction of the plaintiff's counsel (Art. 752, 1° Code of Civil Procedure). The failure to indicate their name constitut …

Specific information

Other specific mentions are also required and vary depending on whether representation is mandatory or not. Pursuant to Article 752 of the Code of Civil Procedure, in cases of mandatory representation by a lawyer, the writ of summons must include, on pain of invalidity:

- The instruction of the plaintiff's counsel (Art. 752, 1° Code of Civil Procedure). The failure to indicate their name constitutes a formal irregularity . As long as there is no doubt about the identity of the instructed counsel, the mention on the writ of summons indicating the name of the lawyer, their address, and their capacity as the plaintiff's lawyer, by the expression “having as lawyer,” constitutes instruction . Similarly, when a party elects domicile with two lawyers, only one of whom is registered with the bar of the court seized, the mention within the writ of summons, stating that the election is made at the domicile of the latter “for the regularity of the procedure,” designates them as their representative .

- The time limit within which the defendant is required to instruct counsel (Art. 752, 2° Code of Civil Procedure).

On the other hand, when representation is not mandatory, Article 753 provides that it must contain:

- on pain of invalidity, the name, first names, and address of the person with whom the claimant elects domicile in France when residing abroad (Art. 753, para. 1, CPC);

- the provisions of Article 832 and the conditions under which the defendant may be assisted or represented, as well as, if applicable, the name of the claimant's representative (Art. 753, para. 3, CPC).

In both cases, the writ of summons also mentions, where applicable, the claimant's agreement for the proceedings to take place without a hearing pursuant to Article L.212-5-1 of the COJ (Art. 752, para. 2, and 753, para. 2, CPC).

Cass. 2e civ., 1 February 2006, LawLex202300013320JBJ; 11 May 2006, LawLex202300013321JBJ, specifying that this procedural irregularity must be raised before any defense on the merits; 5 April 2007, LawLex202300013323JBJ; 30 April 2009, LawLex202300013327JBJ; Cass. 3e civ., 20 May 2009, LawLex202300013328JBJ, holding that the mention of two lawyers, without indication, in the writ of summons, of the name of the lawyer acting for the SCI, constitutes a procedural irregularity in that it does not affect the capacity or authority of the representative, which nonetheless implies that the exception of invalidity of the summons must be raised before any defense on the merits, under penalty of inadmissibility; Cass. 2e civ., 27 September 2012, LawLex202300013326JBJ.

Cass. 2e civ., 23 October 2008, LawLex202300013325JBJ.

Cass. 2e civ., 17 November 2005, LawLex202300007810JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

26. Specific information

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

26. Specific information

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise