Bring the matter before the local court (ex-local court)
Verified 07 May 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
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 community court is under the jurisdiction of the court. It is located in a city other than the city where the court of justice sits. Like the court of justice, the court of proximity may have jurisdiction to try disputes whose amount does not exceed €10,000. Before the trial, an amicable settlement of the dispute must be attempted. The matter shall be referred to the Court either by request, or by subpoena.
The community court has jurisdiction in civil cases that are not assigned to a specialized judge or court.
A civil case may involve a dispute between individuals.
Example :
An individual buys an item from €500 put up for sale on the internet by another individual. The buyer sends his payment to the seller. Seller does not ship item to buyer. The buyer can then take the matter to court to order the seller to pay it back €500.
A civil case can also be between an individual and a professional (e.g. a trader or a craftsman).
Example :
A craftsman must carry out work in a private home for an amount of €6,000. The individual makes a down payment of €600 to the craftsman, but the latter does not come to carry out the work on time. The individual can then go to court to get the down payment back.
FYI
the applicant or the defendant in court can be an association.
The local court has jurisdiction where the amount of applications is less than or equal to €10,000.
If you cannot quantify the value of the dispute (for example, if you request cancelation of a contract), you must to bring proceedings before the court of justice with a lawyer.
The local court may be entrusted by the court of appeal on which it depends, certain disputes usually entrusted to the judicial court.
Please note
for a dispute relating to a residential lease or a consumer credit, it is the protection litigation judge which must be seized.
Before going to court, you can try to settle your dispute by conciliation, mediation or a participatory procedure.
You must try this approach when the amount of your requests is less than or equal to €5,000.
General case
The competent court is the court of your opponent's domicile.
If your opponent does not have a known domicile or residence, you can file a complaint with the court of your domicile (or the court of your choice if you reside abroad).
Who shall I contact
Purchase of goods or services
For a dispute concerning the purchase of goods, you can go to the court of the place where the merchant is located.
For a dispute concerning the provision of services (e.g. with a personal assistance service), you can refer the matter to the court of the place where the service provider is located.
You can also bring an action before the court of the place where the purchase was made (for example, a salon) or the place where the events occurred (your home, your holiday place, etc.).
Who shall I contact
Insurance
General case
The competent court is that of the insured person's domicile.
Who shall I contact
In case of accident
The competent court shall be that of the insured person's domicile or that of the place where the accident occurred.
Who shall I contact
Home Insurance
The competent court is that of the place of the property concerned.
Who shall I contact
FYI
because of the territorial jurisdiction rules, you may need to enter the court of law rather than the local court.
You must file a complaint with the court by request, by subpoena or by joint request.
You can use the query only when the amount of the request does not exceed €5,000.
In determining the value of the dispute, the total amount of the claims must be taken into account.
If you agree with your opponent to have your dispute resolved by the court, you can make a joint motion, even if the amount of requests exceeds €5,000.
Query
Unless there is a legitimate reason, the request duty obligatory be preceded by an attempt to conciliation, mediation or a participatory procedure.
You can prepare the application yourself or ask a lawyer to do so.
Who shall I contact
You can use a 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 that the proceedings proceed 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
- 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.
Assignment
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.).
Assignment model without mandatory representation
The summons may be drafted by a lawyer.
Who shall I contact
You can request in your summons 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.
Joint Query
In agreement with your opponent, you can bring a joint motion before the court by submitting it to the Registry.
This request, signed jointly by the parties, 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.
FYI
to obtain urgent interim measures, while awaiting the main trial, you can use a interim proceedings.
The procedure itself is free of charge.
Other expenses (lawyer, commissioner of justice (former bailiff and judicial auctioneer)...) are at your expense. 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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For information
House of Justice and the Law
General territorial jurisdiction
Territorial jurisdiction in insurance matters
Territorial jurisdiction over immovable property
Introduction of proceedings in litigation
Introduction of proceedings and obligation to make a prior amicable attempt
Introduction of proceedings by summons
Introduction of proceedings by application
Representation by counsel not required
Oral proceedings
Competence of local chambers
Competence of local chambers
Competence of local chambers
FAQ
Service-Public.fr
National Institute of Consumer Affairs (INC)