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

According to Article 750-1, para. 1, of the Code of Civil Procedure , when the court action seeks the payment of an amount not exceeding 5,000 euros, relates to one of the actions mentioned in Articles R. 211-3-4  and R. 211-3-8 of the Code of Judicial Organization  or, since the entry into force of Decree No 2023-357 of 11 May 2023 , to an abnormal neighborhood disturbance, it must be preceded, a …

Prior attempt at amicable resolution

According to Article 750-1, para. 1, of the Code of Civil Procedure , when the court action seeks the payment of an amount not exceeding 5,000 euros, relates to one of the actions mentioned in Articles R. 211-3-4  and R. 211-3-8 of the Code of Judicial Organization  or, since the entry into force of Decree No 2023-357 of 11 May 2023 , to an abnormal neighborhood disturbance, it must be preceded, at the parties' choice, by an attempt at conciliation conducted by a judicial conciliator, an attempt at mediation, or a participatory procedure, under penalty of inadmissibility that the court may raise ex officio.

Article 750-1, para. 2, however, provides exceptions exempting the parties from this obligation in the following cases:

- if at least one of the parties requests the approval of an agreement;

- when the exercise of a prior remedy is required with the author of the decision;

- if the failure to resort to one of the amicable resolution methods mentioned in the first paragraph is justified by a legitimate reason due to either manifest urgency, circumstances of the case making such an attempt impossible or requiring a decision to be rendered non-adversarially, or the unavailability of judicial conciliators resulting in the organization of the first conciliation meeting more than three months after the referral to a conciliator, the applicant then justifying by any means the referral and its consequences;

- if the court or administrative authority must, pursuant to a specific provision, undertake a preliminary attempt at conciliation;

- if the creditor has unsuccessfully initiated a simplified procedure for the recovery of small claims, in accordance with Article L. 125-1 of the Code of Civil Enforcement Procedures.

The Court of Cassation considered that the attempt at amicable resolution of the dispute is not, in principle, excluded in interim proceedings, and the absence of recourse to an amicable resolution method in such a case may, if necessary, be justified by a legitimate reason within the meaning of Article 750-1, para. 2, 3° of the Code of Civil Procedure .

Finally, this obligation also does not apply to disputes relating to the application of mandatory public policy provisions mentioned in Article L. 314-26 of the Consumer Code regarding consumer credit and mortgage credit .

Article 750-1 of the Code of Civil Procedure was adopted pursuant to Article 4 of Law No 2016-1547 of 18 November 2016 on the modernization of 21st-century justice, which aims, in particular, to promote alternative dispute resolution methods (ADR). - For an application of Article 4 of Law No 2016-1547 of 18 November 2016, in its version prior to Law No 2019-222 of 23 March 2019, see Cass. 2e civ., 1 July 2021, LawLex202300001805JBJ, stating that, on pain of inadmissibility, the referral to the court by filing a declaration at the court registry must be preceded by an attempt at conciliation conducted by a judicial conciliator, unless the parties justify other steps taken to achieve an amicable resolution of their dispute.

Art. R. 211-3-4 COJ: “The Judicial Court has jurisdiction over boundary disputes.”

Art. R. 211-3-8 COJ: “The Judicial Court has jurisdiction over: 1° Actions relating to the distance prescribed by law, specific regulations, and local customs for planting or pruning trees or hedges; 2° Actions relating to constructions and works mentioned in Article 674 of the Civil Code; 3° Actions relating to the cleaning of ditches and canals used for the irrigation of properties or the operation of factories and mills; 4° Disputes relating to the establishment and exercise of easements instituted by Articles L. 152-14 to L. 152-23 of the Rural and Maritime Fishing Code, 640 and 641 of the Civil Code, as well as the compensation due for these easements; 5° Disputes relating to easements established for the benefit of associations of landowners provided for by Ordinance No 2004-632 of 1 July 2004 on associations of landowners.”

Decree No  2023-357 of 11 May 2023 regarding the mandatory preliminary attempt at mediation, conciliation, or participatory procedure in civil matters, OJ of 12 May 2023.

Cass. 2e civ., 14 April 2022, LawLex202400003016JBJ.

Law No 2016-1547 of 18 November 2016 on the modernization of justice in the 21st century, Art. 4 in fine.

2. Proceedings before the Judicial Court and the Commercial Court

20. Prior attempt at amicable resolution

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

20. Prior attempt at amicable resolution

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