The 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 decree introduces a number of substantial changes to the way in which defences are dealt with, particularly in relation to the powers of the Pre-Trial Judge (JME). These changes are part of a drive to streamline and improve the efficiency of the judicial process.
Strengthening the powers of the pre-trial judge
The decree considerably broadens the scope of the JME's activities.
Its temporal jurisdiction now extends "from the time of its appointment" until it relinquishes jurisdiction, according to the new article 789, paragraph 1 of the Code of Civil Procedure. This change strengthens his position as a judge of incidents prior to the hearing on the merits.
Another major change concerns the treatment of grounds for dismissal (FNR) requiring prior examination of a substantive issue. The rules governing these FNRs have been separated from the provisions specific to the JME and brought into line with the general provisions relating to grounds for dismissal (new paragraph 3 of article 125 of the CPC).
The most significant innovation is the power granted to the JME to refer the examination of any FNR to the court hearing the case on the merits (new article 789, paragraph 8 of the CPC). This referral may be made on two grounds:
- The complexity of the medium
- Requirements linked to the progress of the procedure
These changes should make it easier to manage procedural incidents according to their nature and complexity.
Procedural changes and streamlining
The decree also specifies the time frame for referring FNRs to the court.
This referral can only be made "at the end of the investigation" (art. 789, para. 9 new of the CPC). This chronological precision is intended to prevent dilatory tactics that could delay the examination of the case.
Appeal procedures have also been streamlined. Immediate appeal is now limited solely to orders of the JME which "rule on a procedural objection, a plea in bar or an incident in the proceedings and put an end to the proceedings" (new article 795, paragraph 6 of the CPC).
This restriction reflects the legislature's desire to limit dilatory appeals. Previously, the system of appeals was more fragmented, distinguishing according to the nature of the plea (exception, plea of inadmissibility, etc.) rather than its effect on the proceedings.
In Civ. 2e, 22 June 2017, no. 16-17.118, the Court of Cassation had already emphasised the importance of consistency in the procedural arrangements. The text follows this line by proposing a uniform approach.
Perspectives and practical issues
These developments have obvious advantages for litigants.
The consolidation of FNR processing under the aegis of the JME should speed up the settlement of cases. This approach corresponds to a long-standing demand from practitioners, as evidenced by the recurrent criticisms of the slowness of the procedures.
The main challenge for lawyers is to adapt their procedural strategies. The distinction between the different types of defence (objections, pleas of inadmissibility, defences on the merits) remains a determining factor in:
- The order in which the pleas are presented
- The moment of their invocation
- The effects of their success
Several questions of interpretation remain. For example, the text does not specify whether the provisions of the new Article 125 paragraph 3 apply retroactively to pending proceedings. Case law will have to clarify this point.
Similarly, the notion of "complexity" justifying a referral remains to be defined. Is it legal or factual complexity? This seems to be left to the discretion of the JME.
Anticipate difficulties of interpretation. An experienced lawyer will be able to identify the grey areas in the text and build a suitable argument. If you are in any doubt about the procedural strategy to adopt in relation to these new provisions, you should seek personalised advice. Our firm remains available to discuss your case and determine the most effective approach in the light of the specific features of your case and these recent legislative changes.
Sources
- Decree no. 2024-673 of 3 July 2024 known as "Magicobus I".
- Code of Civil Procedure, articles 125, 789 and 795 (as amended)
- Civ. 2e, 22 June 2017, no. 16-17.118, Bull. civ. II, no. 145
- Pétel-Teyssié, I., "Défenses, exceptions, fins de non-recevoir", Répertoire de procédure civile, Dalloz, November 2023 (updated July 2024).
- Maugain, G., "Magicobus I: first magic decree simplifying civil procedure", Dalloz actualité, 10 September 2024.
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