Civil procedure
Victim of a miscarriage of justice? Your rights to compensation
By Raphaël MORENON15 April 2025The Outreau case left a lasting impression: thirteen people were acquitted after being held in pre-trial detention for up to three years. This legal drama, which highlighted the ordeal of the wrongly accused, is a poignant illustration that the legal system is not infallible. Behind the mistakes lie shattered lives, destroyed reputations and lost years. Fortunately, French law provides for compensation mechanisms to repair, as far as possible, the damage suffered by victims. These mechanisms, which are based on the responsibility of those involved in the legal system, are often little known. Understanding your rights is the first step in obtaining fair compensation. Compensation for unjustified pre-trial detention Pre-trial detention, which is often preceded by a gruelling period in police custody, represents one of the most serious infringements of personal freedom prior to any trial. The legislator has therefore established a right to compensation for people who, after having been held in police custody for...
Lapse of proceedings: definition and legal basis
Limitation period, Civil procedureEvery year, thousands of legal proceedings get bogged down in the French courts. Some get bogged down by deliberate strategy, others by simple negligence. The legislator has provided a mechanism to penalise this procedural inertia: the lapse of proceedings. This mechanism, which is often overlooked, is a powerful tool for regulating judicial time. What is it?The injunction to do: a legal procedure to obtain performance of an obligation
Injonction de faire, Civil procedureWhen you are faced with a contractor who refuses to fulfil an obligation to do something (deliver a good, carry out work, provide a service), the injunction to do something procedure offers an alternative to the traditional channels. This procedure, which is less well known than its cousin the injunction to pay, nevertheless deserves the attention of all creditors...Acquiescence in civil law: definition and fundamental principles
Acquiescence, Civil procedureAcquiescence is a legal act by which a party to a lawsuit waives the right to contest his opponent's claims or submits to a court ruling. Far from being a simple posture of submission, it is a strategic move, with often irreversible consequences, that deserves to be understood in all its aspects...Reasonable trial time: a fundamental right that is often overlooked
Time limits, Civil procedureWhile awaiting a court decision, time can seem to stretch indefinitely. This feeling is echoed in the famous quotation from La Bruyère: "The duty of judges is to dispense justice; their job is to postpone it". However, the quality of justice is not only measured...The role of the judge in relation to defences - Between option and obligation
Civil procedureWhen you go to court, a number of obstacles can arise. Defences on the merits, pleas of inadmissibility, procedural objections - in the face of these obstacles, the judge has specific but limited powers. Sometimes he must act on his own initiative. Sometimes he can do nothing. The stakes are crucial for your case. The statement...The effects of defences - From decision to appeal
Civil procedureThe raising of a defence can determine the outcome of a trial. Whether it is a defence on the merits, a plea in bar or a procedural objection, its effects vary considerably. The lawyer who masters these effects has a decisive strategic advantage. Let's take a look at the consequences of each plea on the proceedings and beyond. 1....Regularisation of procedural irregularities - Principles and limits
Civil procedureCivil procedure tolerates mistakes, but not all of them. A defective writ of summons, an incorrect statement of appeal, a late legal argument - these are all irregularities that can compromise your chances of winning your case. The question is not theoretical: when can you correct these errors to save your case? When can you...Recent developments in defence law - Focus on the "Magicobus I" decree
Civil procedureThe procedural world has undergone a new metamorphosis with the entry into force of Decree no. 2024-673 of 3 July 2024 (known as "Magicobus I"). This text introduces a number of substantial changes to the way in which defences are dealt with, particularly as regards the powers of the Pre-Trial Judge (JME). These changes...Between admissibility and admission of defences: the procedural obstacle course
Civil procedureProcedural strategy is a subtle art. For those who wish to defend their interests effectively, the legal arsenal offers three types of defence: defences on the merits, pleas in bar and procedural objections. Each of these is governed by separate rules as regards both admissibility and merits. This distinction...From application to delivery: the court's role in the European order for payment procedure
Injonction de payer, Civil procedureAre you planning to recover a debt from a debtor established in another Member State of the European Union? The European order for payment procedure could be the right solution for you. But what exactly does the judge hearing such an application check? How does he assess your case? The...Scope of the European order for payment: who can use it and for what claims?
Injonction de payer, Civil procedureCollecting cross-border debts is often a tricky business. The European Union has created a powerful tool for creditors: the European order for payment. Regulation (EC) No 1896/2006 of 12 December 2006 establishes this simplified procedure, but its use requires a precise understanding of its scope of application. The material scope:...Notification and opposition to the European order for payment: protect your rights
Injonction de payer, Civil procedureThe European order for payment is transforming the recovery of cross-border debts. This procedure, governed by Regulation (EC) No 1896/2006, offers creditors a rapid solution. However, there are crucial subtleties to its implementation, particularly with regard to notification and redress. Authorised methods of notification The regulation...The European order for payment: an effective tool for cross-border debt collection
Injonction de payer, Civil procedurehtml Are you the owner of a French SME with a German customer who hasn't paid his invoice for €12,000 for three months? Do you sell products online to Spanish consumers who are accumulating unpaid bills? The European payment order could be the solution. The problem of...Exceptional remedies and protection of the defendant in the European order for payment procedure
Injonction de payer, Civil procedureCross-border debt recovery in Europe has been considerably simplified thanks to the European order for payment procedure. However, this increased efficiency for creditors raises a legitimate question: how can defendants be protected against potential abuse or error? The procedure provides for specific protection mechanisms,...Applying for a European order for payment: practical aspects and forms
Injonction de payer, Civil procedureThe European order for payment is an effective tool for recovering uncontested cross-border debts. Created by Regulation (EC) No 1896/2006, this procedure considerably simplifies the recovery of debts between companies or individuals located in different Member States of the European Union. The key stages in initiating the procedure The...Who will decide my dispute? Determining which court has jurisdiction in European order for payment cases
Injonction de payer, Civil procedureFor any creditor seeking to recover a cross-border debt, the European order for payment procedure offers an attractive solution. But before initiating this procedure, a preliminary question arises: which court should be seised? This is not an insignificant question. An error in determining which court has jurisdiction may result in the case being inadmissible...Recent reforms to the order for payment procedure: a new impetus for debt collection
Injonction de payer, Civil procedureInjunctions to pay are a fundamental tool for creditors wishing to recover their debts quickly. This procedure has recently undergone substantial changes designed to modernise it and make it more effective. Let's take a look at these changes, which are reshaping the debt collection landscape in France. The reform of the...Understanding injunctions to pay: foundations and applications
Injonction de payer, Civil procedureStuck with a customer who refuses to pay? An injunction to pay could be your solution. This procedure, which is little known to the general public, is nevertheless an effective way of recovering the sums owed without getting involved in an interminable legal battle. Definition and objectives of an order for payment An order for payment is a procedure...The order for payment procedure: stages and competent courts
Injonction de payer, Civil procedureThe injonction de payer is an effective tool for creditors seeking to recover uncontested debts. This fast-track procedure makes it possible to obtain a writ of execution without going to court. Let's take a look at the key stages of this procedure. Jurisdiction Jurisdiction of attribution Jurisdiction to hear applications for injunctions to pay...Opposition in order for payment proceedings: how to regain control
Injonction de payer, Civil procedureAn injunction to pay enables a creditor to quickly obtain an enforceable title without an initial adversarial debate. This procedure, which is effective for recovering debts, may seem unbalanced for the debtor. The legislator has therefore provided an essential mechanism: opposition. This right restores the procedural balance by allowing the debtor to...
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