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

Pursuant to Article 761 of the Code of Civil Procedure, the parties are exempt from instructing counsel in cases provided for by law or regulation and in matters falling within the jurisdiction of the judge for the protection of litigation (Art. 761, para. 1, 1° CPC), as well as those listed in Articles R. 211-3-13 to R. 211-3-16, R. 211-3-18 to R. 211-3-21, R. 211-3-23 of the Code of Judicial Org …

Exemption from requirement of legal representation

Pursuant to Article 761 of the Code of Civil Procedure, the parties are exempt from instructing counsel in cases provided for by law or regulation and in matters falling within the jurisdiction of the judge for the protection of litigation (Art. 761, para. 1, 1° CPC), as well as those listed in Articles R. 211-3-13 to R. 211-3-16, R. 211-3-18 to R. 211-3-21, R. 211-3-23 of the Code of Judicial Organization and in Table IV-II annexed to the same code relating to the subject-matter jurisdiction of local chambers (Art. 761, para. 1, 2° CPC).

In this respect, mandatory representation by a lawyer before the Judicial Court is excluded in the following areas:

- disputes relating to the electorate, eligibility, and regularity of electoral operations concerning the election of judges of the commercial courts (Art. R. 211-3-13 COJ);

- challenges to decisions made by the commission for the establishment of electoral lists concerning the electorate of consular delegates and members of territorial chambers of commerce and industry (Art. R. 211-3-14 COJ);

- disputes relating to the electorate, eligibility, and the regularity of electoral operations concerning the election of members of the staff delegation to company social and economic committees, establishment social and economic committees, and central company social and economic committees, employee representatives on the board of directors or supervisory board of public limited companies, employee representatives on the board of directors or supervisory board of companies mentioned in Article 1 of Law No 83-675 of 26 July 1983 on the democratization of the public sector, employee representatives on the board of directors of the French National Railway Company, shipboard delegates, staff representatives on the boards of directors of primary health insurance funds, general social security funds, and family allowance funds, representatives of contributors to the general assemblies of agricultural social mutuality funds, and finally representatives of healthcare professionals practicing independently under the national agreements regime mentioned in Title VI of Book I of the Social Security Code, in the regional unions of healthcare professionals (Art. R. 211-3-15 COJ);

- disputes relating to the appointment of union delegates and union representatives to company social and economic committees, establishment social and economic committees, central company social and economic committees, and group committees (Art. R. 211-3-16 COJ);

- disputes relating to the appointment or election of the employees' representative in the cases provided for by Articles L. 621-4, L. 631-9, and L. 641-1 of the Commercial Code (Art. R. 211-3-18 COJ);

- disputes relating to registrations and removals from the lists intended for the election of minor delegates (Art. R. 211-3-19 COJ);

- disputes relating to the electorate of the advisors of the regional centers for forest ownership (Art. R. 211-3-20 COJ);

- challenges relating to the regularity of electoral operations concerning the election of members of the boards of mutual societies, members of the Prudential Supervision and Resolution Authority, employee representatives on the board of directors, and delegates of local voting sections under the conditions provided for in Article R. 125-3 of the Mutual Insurance Code, and tenant representatives on the board of directors or supervisory board of public limited companies for low-rent housing under the conditions provided for in Article R. 422-2-1 of the Construction and Housing Code (Art. R. 211-3-21 COJ);

- challenges to the decisions of the departmental commission and claims relating to the formation of the list for the election of members of the chambers of agriculture under the conditions provided for in Article R. 511-23 of the Rural and Maritime Fishing Code (Art. R. 211-3-23, 1°, COJ);

- challenges to the decisions of the president of the chamber of trades regarding the formation and revision of lists for the election of members of the chambers of trades under the conditions provided for in Article 14 of Decree No 99-433 of 27 May 1999 relating to the composition of the chambers of trades and their election (Art. R. 211-3-23, 2°, COJ).

Finally, mandatory representation is excluded when the claim involves an amount less than or equal to EUR 10,000 EUR or concerns an undetermined claim originating from the performance of an obligation whose amount does not exceed this threshold, provided it does not fall under the exclusive jurisdiction of the Judicial Court, which remains subject to the ministry of attorney.

The amount of the claim must be assessed in accordance with the provisions of Articles 35 to 37 of the Code of Civil Procedure. Furthermore, when an incidental claim results in the application of written procedure or imposes mandatory representation by a lawyer, the court may, ex officio or at the request of a party, refer the case to a subsequent hearing held in accordance with the applicable procedure. In this case, the court invites the parties to instruct counsel (Art. 761, para. 1, 3° CPC).

2. Proceedings before the Judicial Court and the Commercial Court

34. Exemption from requirement of legal representation

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Les notions juridiques connexes

34. Exemption from requirement of legal representation

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise