Bring the matter before the court of justice (former courts of first instance/high court)
Verified 03 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You want to go to court? The legal claim is made by subpoena.
The request may also be made by request in special cases provided for by law.
We present you with the information you need to know.
The court of justice shall have jurisdiction to try all cases that the law has not assigned to a specialized court.
For some disputes, the court of law is the only court with jurisdiction. Examples: actions for medical liability, actions for liability related to a building, challenges to decisions at general meetings.
Some courts are specialized and have sole jurisdiction over certain matters. Example: social security cases.
In general, you have to go to court from your opponent's home (or one of your opponents).
In terms of contract (purchase, rental, sale, provision of service...), you can also bring the matter before the court of the place of delivery or the of the place of performance the provision of services.
In terms of compensation for damage (not under contract), you can also go to court the place where you suffered the damage.
In some cases, the law shall designate a court other than your opponent's home:
- If the case concerns a building, you must bring the matter before the court of the place where the building is located.
- If the case concerns a succession, you must bring the matter before the court of the last domicile of the deceased.
Who shall I contact
The activity of the court is divided between different services depending on the type of dispute. There are judges specialized in certain subjects.
If the material is entrusted to a specialized judge of the court, it is to that specialized judge that your application must be addressed. These may be the family court judge, the protection litigation judge, of enforcement court.
Where the matter is not assigned to a specialized judge, ordinary applications shall be made to the court of justice and applications for interlocutory and orders on application shall be addressed to the President of the Judicial Tribunal.
Type of business | Competent department or judge |
|---|---|
Guardianship, home lease, consumer credit, debt overhang | |
Divorce, parental authority | Family Affairs Judge (Jaf) |
Seizures, attachment of wages, difficulties in the execution of a court decision | |
Social security case and disability | Judicial Court, Social Center |
| Judicial Tribunal |
Other civil cases | Judicial Tribunal |
Please note
In some geographical areas, protection litigation and litigation of no more than €10,000 (excluding specialized subjects) shall be tried in the community court.
The use of a lawyer may be compulsory depending on the type of procedure and the amount of the dispute. Before you begin your process, check if you need to get a lawyer.
The prior attempt at conciliation, mediation or participatory procedure is mandatory for some disputes.
You must file a complaint with the court by subpoena or by request.
The request is possible when the amount of your requests does not exceed €5,000 or in certain matters laid down by law (for example in matters of guardianship or parental authority).
To determine the value of the dispute, the total amount of applications. You may not be able to quantify the value of the dispute (for example, if you request cancelation of a contract). In this case, you must file a summons with the court.
If you agree with your opponent to have your dispute resolved in court, you can use a joint motion.
FYI
to obtain urgent interim measures, while awaiting the main trial, you can use a interim proceedings.
Assignment
If your dispute concerns a procedure where representation by counsel is mandatoryWell, it's up to the lawyer to write the subpoena.
Who shall I contact
You can go to court by having your opponent deliver a subpoena by a commissioner of justice.
Who shall I contact
Your assignment must include mandatory information:
- Appointment of the competent court
- Place, day and time of the hearing (information to be obtained from the court)
- Purpose of the claim (damages, delivery of property, cancelation of a contract...)
- Full identity of the parties
- Grounds for the dispute
- Parts List
- Company steps towards an amicable resolution of the dispute or the justification for waiving such an attempt
- How your opponent will appear before the court, i.e. if he has to take a lawyer, within what time frame
- Consequences if your opponent does not appear
You must encrypt your requests (€100 damages, for example).
The assignment is your conclusions, i.e. your requests and your arguments.
FYI
it is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).
When the lawyer is obligatory, the assignment must contain the constitution your lawyer, i.e. your lawyer must be designated as your representative. This is a mandatory statement.
In your summons, you can request that the proceedings proceed without a hearing.
The summons must be filed in court at least 15 days before the hearing date.
If the date of the hearing has been communicated by electronic means, the summons must be filed within two months of such communication.
Failure to comply with the time limits shall result in obsolescence of the assignment, that is, the assignment is null and you have to make a new one.
FYI
where representation by counsel is mandatory, your opponent has 15 days from the issuance of the summons to select counsel. The latter shall transmit to the court his instrument of constitution that is, the document designating him as a lawyer.
Query
An attempt to conciliation, mediation or a participatory procedure is obligatory before the introduction of the request for claims for payment of a sum not exceeding €5,000. This is also the case for certain specific disputes (e.g. abnormal neighborhood disorders, bordering actions, etc.).
You can write the query yourself where representation by counsel is not mandatory or ask a lawyer to do it.
Who shall I contact
You can use a query template or write it on free paper.
Application for referral to the Court of Justice
You must attach copies of your supporting documents (invoice, contract, quotation, etc.) to your request.
You can request in your motion that the proceedings take place without a hearing.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the claim (damages, delivery of property, cancelation of a contract...)
- Grounds for the dispute
- Company steps towards an amicable resolution of the dispute or the justification for waiving such an attempt
- Parts List
You must encrypt your requests (€100 damages, for example).
The request must be dated and signed.
FYI
it is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).
The completed request must be lodged or sent by post to the graft of the competent court.
Once the motion is transmitted or filed, you are notified by the court of the place, day and time of hearing. Your opponent is summoned by registered letter with notice of receipt.
Joint Query
In agreement with your opponent, you can apply to the court by surrendering to the court a joint motion.
This request, signed jointly by you and your opponent, must indicate the points of agreement and the points of disagreement.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the claim (damages, delivery of property, cancelation of a contract...)
- Grounds for the dispute
- Parts List
It must be dated and signed.
Please note
the proceedings may take place without a hearing. In this case, the joint application must include the agreement of the applicants.
The procedure itself is free of charge.
Instead, you must pay your lawyer and the Commissioner of Justice (formerly bailiff) responsible for issuing the summons. Other costs may be added in the course of the procedure, such as expertise costs.
If you don't have enough resources, you can legal aid to cover all or part of these costs.
Please note
If you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.
Who can help me?
Find who can answer your questions in your region
For more information
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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