Procedures Guide

The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.

Summons to attend emergency proceedings

A summons to attend emergency proceedings is issued in cases of emergency, requesting the presiding judge of the commercial court to take all precautionary or recovery measures that are necessary to prevent imminent damage or to stop a manifestly unlawful interference.

The presiding judge rules by way of interim order. It is a temporary decision rendered ex parte at the request of a party. It can be amended or retracted in the event of new circumstances.

Who to contact?

This application is presented to the presiding judge of the commercial court, who posses his own jurisdictional power, distinct from that of the commercial court. But the framework of his competence is identical. The presiding judge of the commercial court possessing jurisdictional power may delegate all or a portion of such powers to authorised judges who conduct interim hearings.

Time frame

The summons to attend emergency proceedings must respect all rules generally prescribed for a summons. But it is an emergency procedure, and it may, in this regard, depart from certain rules concerning deadlines. This emergency procedure is not formally confined by deadlines. Thus, the presiding judge of the court may authorize the reduction of the deadline for delivery of the summons to the defendant and the court clerk, or even the deadline for appearance of the parties at the hearing.

In maritime, air and all extremely urgent matters, the summons may be given at all hours.

Texts: Articles 484, 485, 872 through 874 of the Code of Civil Procedure.

Prices

The rates presented below do not include the bailiff's fees, to be added by application of legal rules and local practices; cheques should be made payable to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE, and enclosed with the application.

Formality

Rate all taxes included

Interim order (2 parts) (1) and (3)

€47.42

Interim order (3 parts)

€67.24

Interim order (4 parts)

€87.05

Emergency expertise procedure (2 parts) (1) and (2)

€70.82

Emergency expertise procedure (3 parts) (2)

€90.64

Supplementary part of an interim order

€19.81

Copy of the order (without postage fees)

€3.12

Second enforceable copy (without postage fees)

€4.68

Cancellation of the interim order (2 parts)

€39.62

(1) Fees include the cost of a certified enforceable copy and a copy issued to each party.

(2) Including the due diligence related to the expertise.

(3) In case of cancellation before the issuance of an order, the 2/3 of the fee is allocated to the court clerk; except in the case where a fee has been specially collected for the referral to the court.