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.

Referral to the first-instance court by a joint application or voluntary presentation of the parties

A legal demand is the act by which a litigant, the plaintiff, takes the initiative for a trial by submitting his claims to the judge.

In contentious cases, as opposed to non-contentious cases where there are no opponents, there are at least two parties: the plaintiff and the defendant (the one who is tried and who is directly concerned by the proceeding or trial).

The proceeding can only be introduced according to the forms provided by the law, meaning by an act of referral submitted to the registry office or drafted by it, which shall contain the required particulars on pain of nullity. The principle is that only the parties shall initiate legal proceedings. Only they shall decide to act or not to act in court, excluding the cases (few in number and not challenging the rule) in which the law provides otherwise.

A commercial court may be called upon by summons, by joint application, or by signature of a statement of voluntary presentation of the parties.

The joint demand is a common procedural instrument of several parties , who submit their dispute to the Court, by describing their points of disagreement at the same time as their claims and respective strengths.

Voluntary presentation is procedural instrument by which the parties sign a statement which states that they voluntarily present themselves before the judge in order to decide their claims.

To this effect, the voluntary presentation must contain, like the joint application and in order to be valid, certain elements allowing notably the identification of the parties and the indication of the documents upon which the demand is founded. In addition, in both cases, the legal instrument must be dated and signed by the parties.

These procedures are not strictly confined to time periods as they are based on the parties' consensus, who indicate their agreement by signing the legal instrument.

Texts: Articles 54, 57, 859 and 860 of the Code of Civil Procedure.

You must file your procedural instrument constituting the legal demand at the registry office. The court clerk verifies and then proceeds with the scheduling of the legal demand, by recording it in the general docket of the jurisdiction's cases.

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

Price, all taxes included

Judgement (2 parts) (1) and (3)

€70.20

Judgement (3 parts)

€93.60

Judgement (4 parts)

€117.00

Judgement with calendar (2 parts)

€81.12

Judgement with calendar (3 parts)

€104.52

Judgement with calendar (4 parts)

€127.92

Additional part to the judgement

€23.40

Copy of the judgement (without postage fees)

€3.12

Second enforceable copy (without postage fees)

€4.68

Challenges to jurisdiction (without postage fees)

€10.92

Warrants pertaining to expert assessments (2) 

€23.40

Cancelling a judgement without calendar (2 parts)

€57.21

Cancelling judgement with calendar (2 parts)

€68.11

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

(2) Added to the cost of the judgement in case of expertise.

(3) In case of cancellation before the issuance of a judgement, 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.