French commercial justice is based on a specific jurisdictional system: the commercial courts. These consular courts, made up of judges elected by their peers, settle disputes between traders. To manage your commercial disputes effectively, it is essential to understand how this exceptional jurisdiction works.
What is the Commercial Court and when should I apply?
The Commercial Court is a specialised court whose origins date back to 1563, when it was created by royal edict. These courts are presided over by commercial professionals elected by their peers. The Conseil national des greffiers des tribunaux de commerce ensures that these courts operate smoothly throughout France.
Substantive jurisdiction: what disputes?
This consular court deals mainly with disputes relating to commercial law. To bring a case before the Commercial Court, the following conditions must be met:
- Disputes between traders in the exercise of their profession
- Conflicts relating to commercial acts as defined by the French Commercial Code
- Disputes between partners of a commercial company
- Insolvency proceedings (receivership, liquidation)
In January 2025, an amendment to the French Commercial Code could extend the jurisdiction of the consular courts to the liberal professions and associations. At present, the courts continue to have jurisdiction over disputes between private individuals or involving non-traders.
Territorial jurisdiction: which court?
The court with territorial jurisdiction is determined according to several criteria:
- Court of the place where the defendant lives
- Court of the place of performance of the contract
- Court designated by a jurisdiction clause (subject to conditions)
For example, in the event of a commercial dispute in Paris, the case will generally be referred to the Paris Commercial Court. Lyon, Toulouse and other major cities also have important consular courts.
The main stages of a conventional substantive procedure
Proceedings before this consular court follow a precise pattern defined by the Code of Civil Procedure.
Institution of proceedings: the writ of summons (summary)
Proceedings begin with a writ of summons, a document issued by a bailiff (a public official) summoning the defendant. This document must contain a number of mandatory items specified in article 56 of the Code of Civil Procedure.
Registration with the court clerk's office constitutes the actual referral. The court clerk, a ministerial officer, verifies the required formalities. To avoid lapsing, the summons must be filed with the court registry at least eight days before the hearing.
For small claims, there is a simplified procedure: an injunction to pay.
Investigation phase: exchange of conclusions and documents
There are various options available at the first hearing:
- Immediate judgment if the case is in progress
- Attempt at amicable settlement
- Appointment of a judge to hear complex cases
This consular magistrate organises exchanges between the parties and can order an expert opinion or other investigative measures. Electronic communication via Infogreffe now facilitates these administrative procedures.
The oral hearing
Once the case is ready, the pleadings take place before the panel or sometimes before the judge in charge of the investigation (with the agreement of the parties). The public prosecutor may intervene in certain cases of public interest, such as insolvency proceedings.
The judgement
After deliberation, the president of the court pronounces the decision. The parties are notified of the outcome by the court clerk. The judgment may be appealed to the Commercial Division of the Court of Appeal, unless the amount in dispute is less than €5,000 (final judgment).
Is legal representation compulsory?
The role of lawyers before this court has undergone significant change recently.
The principle of mandatory representation
Since the decree of 11 December 2019, being represented by a lawyer has become compulsory before commercial courts. This amendment to the Code of Civil Procedure brings the operation of the consular court closer to that of the judicial court.
The constitution of a lawyer entails election of domicile, simplifying notifications between parties. The First President of the Cour de Cassation has confirmed the importance of this reform in guaranteeing better legal control of proceedings.
Important exceptions to be aware of
There are exemptions in several cases:
- Claims under €10,000
- Procedures under Book VI of the Commercial Code (business difficulties)
- Disputes concerning the keeping of the Trade and Companies Register
- Cases covered by specific legislation
The State and local authorities may appoint a civil servant to represent them, without the need for an ad hoc mandate. This exception is defined in article L721-3 of the French Commercial Code.
Oral versus written: how does the procedure work in practice?
Consular justice evolved between a tradition of orality and written formalism.
The growing importance of the written word
Although oral proceedings remain a fundamental principle defined in the Code of Civil Procedure, practice is giving increasing prominence to written documents:
- Written formulation of claims and pleas
- Waiver of personal appearance possible
- Exchanges structured according to a precise timetable
- Penalties for failure to meet deadlines (inadmissibility)
These changes ensure greater respect for the adversarial principle, but also profoundly alter the tradition of consular economic justice, which used to be more informal.
The role of electronic communication
Commercial justice has embraced the digital revolution. The Ministry of Justice website and the Infogreffe platform now offer a wide range of online services:
- Electronic communication between lawyers and courts
- Electronic filing of declarations of suspension of payments
- Monitoring proceedings via the "digital court" area
- Fulfilment of reporting obligations to the registry
These innovations, supported by the Minister of Justice, modernise consular jurisdiction while preserving its specific features.
Our law firm can assist you in your dealings with the commercial courts. We can advise you on how to modify your legal strategy and find the most appropriate solution to your commercial dispute.
Frequently asked questions
What is the composition of the Commercial Court?
The Commercial Court is made up of lay judges elected from among traders. The president of the court is also a consular judge elected by his peers.
How do I appeal a commercial judgment?
The appeal must be lodged with the Commercial Division of the Court of Appeal within one month of notification of the first instance judgment.
What are the duties of the commercial court clerk?
The court clerk handles legal publicity, manages administrative formalities, authenticates deeds and keeps official documents.
Is it possible to apply to the Commercial Court for summary proceedings?
Yes, the president of the commercial court can be asked to obtain an emergency measure or a provisional payment.
Can commercial courts hear disputes involving associations?
Not unless the association engages in commercial activities. A reform to extend jurisdiction to associations is under discussion in Parliament.
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