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Bring the matter before the court of justice (merger of the court of first instance and the high court)

Verified 23 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Cancelation of the conciliation obligation

Published on 17 November 2022

In a ruling on September 22, 2022, the Conseil d’État annulled article 750-1 of the code of civil procedure, which establishes the obligation of conciliation and mediation prior to litigation.

The judicial tribunal is the result of the merger of the Court of First Instance (TI) and the Court of First Instance (TGI). It has jurisdiction over all disputes that are not assigned to another court (for example, the commercial court or the labor board), regardless of the value of the dispute. In this court, some disputes are assigned to specialized judges. The matter shall be referred to the Court by subpoena or by request. The judge may impose on the parties a prior remedy to the mediation.

The court of justice shall have jurisdiction in all cases where the dispute is not referred to a specialized court.

For some matters, it is the only court with jurisdiction.

In the judicial court, some cases are assigned to specialized judges (family court judge, protection litigation judge, etc.).

A court of law may be specialized and have sole jurisdiction over certain matters. For example, actions for medical liability, actions for liability related to a building, challenges to decisions in general meeting.

Tableau - Jurisdiction of the court

Type of business

Who to seize?

Rights of persons

(marital status, filiation, adoption...)

Judicial Tribunal

Successions

Judicial Tribunal

Real Estate

Judicial Tribunal

Other civil matter

Judicial Tribunal

Social security case and disability

Judicial Court, Social Center

Guardianship, home lease, consumer credit, debt overhang

Protection Litigation Judge

Divorce, parental authority

Family Affairs Judge (Jaf)

Seizures, attachment of wages, difficulties in the execution of a court decision

Enforcement Judge (Jex)

Before starting the procedure, you must identify the court that is competent to try your case.

  • In general, the court with jurisdiction is from your opponent's home.
  • In the case of inheritance, it is the last residence of the deceased.
  • In the case of immovable property, it is the place of the immovable property concerned.
  • For the purchase of goods or the provision of services, you can choose between the court of your opponent's domicile or the court of the place where the goods were delivered or the provision of services performed.
  • In terms of compensation for damage, you can choose between the court of your opponent's domicile or the court of the place where the damage was suffered.
Who shall I contact

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 or regulation (for example in matters of guardianship or parental authority).

In determining the value of the dispute, the total amount of the claims must be taken into account. 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 (formerly bailiff and judicial auctioneer).

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
  • Amicable attempt to resolve the dispute in advance
  • How your opponent will appear before the court, i.e. if he must 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  

in your application, it is possible to claim an amount corresponding to the costs you had to incur for the procedure (travel expenses, stamps, etc.).

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

Unless there is a legitimate reason, the request must be preceded by an attempt to conciliation, mediation or a participatory procedure.

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 to your request copies of your supporting documents (invoice, contract, quotation, proof of the attempt to reconcile, etc.).

You can request in your motion that the proceedings take place without a hearing.

Consent to the conduct of the proceedings without a hearing - Oral proceedings before the court or the protection litigation judge

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

You must encrypt your requests (€100 damages, for example).

The request must be dated and signed.

FYI  

it is possible to request 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 the bailiff and judicial auctioneer) 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

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

  • For information

    House of Justice and the Law
  • Lawyer