French civil procedure is governed primarily by the Code of Civil Procedure (Code de procedure civile), a body of rules that differs substantially from common law systems. For a foreign litigant, these differences are not merely technical – they determine whether a claim succeeds or fails, whether a deadline is met or missed, and whether a judgment can be enforced or remains a dead letter.

This page explains the essential features of French civil litigation for English-speaking clients who need to bring or defend proceedings in France.

The French court system

France operates a unified civil court structure, distinct from the administrative courts that handle disputes with the State.

Tribunal judiciaire (first instance)

The tribunal judiciaire is the general civil court of first instance. It hears all civil and commercial disputes unless a specific court has been designated by law (e.g. the Commercial Court for disputes between traders). There is no minimum amount in dispute. Legal representation by a lawyer (avocat) is mandatory in most cases before the tribunal judiciaire.

For claims below 10,000 euros, the procedure is simplified and may in some cases proceed without mandatory representation. Above this threshold, the full procedure applies: written submissions, evidence exchange under judicial supervision, and an oral hearing.

Cour d’appel (appeal court)

A party dissatisfied with a first-instance judgment may appeal to the cour d’appel. The appeal is a full rehearing on the facts and the law – not merely a review for error. The time limit for appealing is, in principle, one month from service of the judgment. Legal representation is mandatory. Procedural deadlines at the appellate level are strict and cannot be extended: failure to file submissions within the prescribed time results in automatic sanctions (caducite or irrecevabilite).

Cour de cassation (supreme court)

The Cour de cassation does not retry the facts. It reviews only whether the lower courts correctly applied the law. An appeal in cassation (pourvoi) must be filed within two months of service of the appellate judgment. Representation before the Cour de cassation requires a lawyer admitted to practise before it (avocat aux Conseils) – a separate and restricted profession.

Tribunal de commerce (Commercial Court)

Disputes between traders and those arising from commercial acts fall within the jurisdiction of the tribunal de commerce. Its judges are elected businesspeople, not professional magistrates. Legal representation is not mandatory before this court, though it is advisable for any matter of substance. Appeals from the Commercial Court go to the cour d’appel.

Key procedural concepts

Mise en demeure (formal demand)

Before commencing proceedings, French law generally requires that the creditor send a formal demand (mise en demeure) to the debtor, calling upon them to perform their obligation within a specified period. This letter, typically sent by registered post with acknowledgment of receipt, serves both as a precondition to litigation and as the starting point for the accrual of late-payment interest. Failing to send one can deprive a claimant of damages for the period prior to the demand.

Assignation (writ of summons)

Proceedings before the tribunal judiciaire are commenced by an assignation – a writ served on the defendant by a commissaire de justice (judicial enforcement officer, formerly huissier de justice). The assignation must contain the claimant’s arguments, the legal basis of the claim, and a list of supporting evidence. It is not a mere notification: it is a substantive document that frames the dispute from the outset. A poorly drafted assignation can be struck out on formal grounds.

Refere (interim relief)

The refere is an urgent procedure heard by a single judge, typically within days or weeks. It allows a party to obtain provisional measures where there is urgency or where the opposing party’s obligation is not seriously disputed. Common applications include: ordering provisional payment of an uncontested debt, preserving evidence, preventing imminent harm, or ordering an expert assessment. A refere order is immediately enforceable but does not decide the merits of the case.

Time limits and procedural deadlines

French civil procedure is governed by strict time limits at every stage. The limitation period for bringing a claim (prescription) is five years for most contractual and tortious claims, two years for consumer matters. Once proceedings are commenced, procedural deadlines govern the exchange of submissions, the filing of evidence, and the exercise of appeals. Many of these deadlines are peremptory: missing them results in the automatic loss of a right, with no possibility of reinstatement. Foreign parties unfamiliar with this rigidity are particularly at risk.

Mandatory legal representation

Before the tribunal judiciaire and the cour d’appel, legal representation by a French avocat is mandatory. A foreign lawyer cannot represent a party directly – they may advise behind the scenes, but it is the French lawyer who signs the submissions, attends hearings, and bears professional responsibility for the conduct of the case. Before the Cour de cassation, representation is restricted to avocats aux Conseils.

Service of process on parties abroad – Art. 683-688 CPC

Serving legal proceedings on a party located outside France follows specific rules depending on the country. Within the EU, Regulation 2020/1784 applies. Outside the EU, the Hague Convention of 15 November 1965 governs service in signatory states. Where neither instrument applies, service is effected via diplomatic channels. These mechanisms add weeks or months to the procedure – a factor that must be anticipated from the outset.

The enforcement judge (JEX)

The juge de l’exécution (JEX) is a judge sitting within the tribunal judiciaire with exclusive jurisdiction over disputes arising from the enforcement of judgments and enforceable titles. This is where enforcement law and civil procedure intersect most directly.

The JEX hears challenges to seizures (garnishment, foreclosure, seizure of shares), applications for discharge of enforcement measures, disputes over the calculation of debts, and applications for grace periods. Legal representation before the JEX is mandatory where the amount in dispute exceeds 10,000 euros – and in all real property foreclosure proceedings regardless of the amount.

For foreign litigants involved in enforcement disputes in France, the JEX is often the first court they encounter. The procedure is fast, technical, and unforgiving of procedural errors. Our firm’s deep experience before the enforcement judge is detailed on our enforcement practice page.

How we assist foreign litigants

Foreign parties litigating in France face a dual challenge: understanding a legal system built on fundamentally different principles from the common law, and navigating it in a language that is not their own. Our team works in both French and English, providing clear explanations of the procedural landscape and handling all filings and court appearances.

What we handle

  • Advising on jurisdiction, applicable law and the enforceability of foreign judgments in France
  • Drafting and serving writs of summons (assignation) and formal demands (mise en demeure)
  • Obtaining interim relief on an urgent basis (refere)
  • Full representation before the tribunal judiciaire, tribunal de commerce and cour d’appel
  • Coordination with avocats aux Conseils for proceedings before the Cour de cassation
  • Recognition and enforcement of foreign judgments and arbitral awards in France (exequatur)
  • Managing cross-border service of process under the Hague Convention and EU regulations
  • Liaising with foreign counsel where proceedings are conducted in parallel in multiple jurisdictions

Frequently asked questions

Can I represent myself in a French court?

Before the tribunal judiciaire and the cour d’appel, legal representation by a French avocat is mandatory. You cannot appear in person or instruct a foreign lawyer to act on your behalf. Before the tribunal de commerce, self-representation is technically permitted but rarely advisable for a foreign party unfamiliar with the procedure.

How long does a civil case take in France?

At first instance before the tribunal judiciaire, a contested case typically takes 12 to 24 months from the filing of the writ to judgment. An appeal adds another 12 to 18 months. Interim proceedings (refere) are significantly faster: a hearing can be obtained within one to four weeks in urgent cases.

Can a foreign judgment be enforced directly in France?

Within the EU, judgments from member states are generally enforceable in France without an exequatur procedure under the Brussels Ia Regulation. For judgments from non-EU countries, an exequatur application must be filed before the French courts. The court will verify that the foreign court had jurisdiction, that the judgment does not offend French public policy, and that the defendant’s rights were respected. Arbitral awards follow a separate regime under the New York Convention.

What happens if I miss a procedural deadline?

In most cases, the consequence is automatic and irremediable. A missed deadline for filing an appeal results in the judgment becoming final and enforceable. A missed deadline for filing appellate submissions results in the appeal being struck out (caducite). French procedure does not generally recognise “excusable neglect” or grant extensions for good cause once a peremptory deadline has expired.

Do French courts conduct oral hearings?

Yes, but the written submissions (conclusions) carry far more weight than oral argument. The hearing before the tribunal judiciaire typically consists of brief oral observations by each side’s lawyer, after which the court retires to deliberate on the basis of the written file. Cross-examination of witnesses in the common law sense does not exist; witness evidence is rare and takes the form of written attestations or, exceptionally, a judicial hearing of the witness.