Decree No. 2004-836 Of August 20, 2004, Amending The Civil Procedure

Original Language Title: Décret n° 2004-836 du 20 août 2004 portant modification de la procédure civile

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Summary the new code of civil procedure is amended as follows: addition of an art. 23 1; modification of art. 125 (art. 5 of Decree 79-941), 451-453, 524 (art. 22 of Decree 81-500), 536, 763, 771 (art. 30 of the Decree 81-500), 776 (art. 31 of Decree 81-500); addition of an art. 849 1; redrafting of section I of chapter II of title I of Book III (art. 1046-1055). insertion of a section 4 (Articles 178-1 and 178-2); chapters II and III of title XV shall become respectively the chapters III and IV; inserting a chapter II (art. 509, 509-1 to 509-7); insertion of an art. 670 3; modification of art. 683; repeal of art. 490-1 (article 12 of Decree No. 98-1231); modification of art. 901: repeal of the art. 905 and 906; modification of the art. 910 (art. 12 of Decree 85-1330), 932, 933-936, 1192 (art. 5 of Decree 81-500), 628 (art. 2 of Decree 79-641), 343; repeal of art. 1196 (Al 1) (art. 5 of Decree 81-500) 695, 1078 (art. 5 of Decree 81-500), 1406 (Decree 81-500), 1425-1 and 1425-3 (article 3 of Decree No. 88-209). The labour code is amended as follows: amendment of the art. R. 517-7 and 145 - 3; repeal of art. R. 517-10. Modification of art. R. 142 - 28 of the code of social security (art. 9 of the Decree 97-635). Modification of the art. R. 13-47, R. 13-48 and R. 12 - 5 of the code of the expropriation for public utility. Modification of art. R332-1-2 of the code of consumption (art. 2 of Decree 2004-180). Modification of art. R. 93 of the code of criminal procedure (Decree No. 74-88). Modification of the art. 160 (III) Decree 85-1388, 38 of Ordinance 58-997. Modification of art. 12 of Decree 91-1164 and repeal of the art. 13 to 17. Modification of art. 12 of Decree 92-1333 and repeal of the art. 13 to 17. Repeal of art. 35 of Decree 2001-693. Title IV of Decree 78-262 becomes title V and addition of an art. 34 modification of art. 11 of Decree 56-222, 1 of Decree 80-553; 46, 94, 101, 159 and 221 of Decree 92-755. Insertion of an art. 2 1 to the Decree 96-740.
Key words JUSTICE, civil PROCEDURE, new CODE of civil PROCEDURE, INSTANCE, Act of State CIVIL, civil COOPERATION, COOPERATION trade, NOTARIAL Act, TRANSACTION, agreement, DECISION judicial, appeal, appeal, appeal in CASSATION, BAILIFF, notary, PUBLIC officer, fees, rates, recognition border, competent authority, APPLICATION of Regulation EC, harmonization European, regulation community, COOPERATION judicial links subsequent Decree No. 2005-460 13 May 2005 relating to the competence of the civil courts civil procedure and judicial organization Decree No. 2005-467, May 13, 2005, amending the code of the expropriation for public utility JORF n ° 195 of 22 August 2004 page 15032 text no. 7 Decree No. 2004-836 of August 20, 2004, amending the civil procedure NOR: JUSC0420451D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/8/20/JUSC0420451D/jo/texte Alias : https://www.legifrance.gouv.fr/eli/decret/2004/8/20/2004-836/jo/texte


Le Premier ministre,
Sur le rapport du garde des sceaux, ministre de la justice,
Vu la Constitution, notamment son article 37, alinéa 2 ;
Having regard to Regulation (EC) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
Having regard to Regulation (EC) no 1206/2001 of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters;
Having regard to the civil code, particularly articles 373-2-12 and 1341.
Having regard to the penal code, including article 314-6.
Having regard to the code of consumption;
Having regard to the code of expropriation for public purposes;
Having regard to the code of criminal procedure (regulative part);
Having regard to the code of public health;
Having regard to the code of social security;
Seen the labour code;
Having regard to the new code of civil procedure;
Having regard to the Act of 29 March 1944 tariffs of fees allocated to public or corporate officers, set order No. 45-2048 of September 8, 1945;
Pursuant to law No. 91-650 of 9 July 1991 amended on reform of civil enforcement procedures;
Having regard to the order No. 58-997 of 23 October 1958 as amended on reform rules on expropriation for public purposes;
Having regard to Decree No. 56 - 222 of 29 February 1956 as amended taken for the purposes of the order of 2 November 1945 relating to the status of bailiffs;
Considering Decree No. 78-262 of 8 March 1978 amended fixing the rates of notaries;
Considering Decree No. 80-533 15 July 1980 made for the purposes of article 1341 of the civil code, as amended by Decree No. 99-235 of 22 March 1999;
Mindful of Decree No. 82-716 10 August 1982 amending Decree No. 67 - 472 June 20, 1967 on the special status of the chief clerks and registrars of courts and tribunals;
Considering Decree No. 85 - 1388 dated 27 December 1985 amended concerning recovery and liquidation of companies;
Mindful of Decree No. 91 - 1164 12 November 1991 taken pursuant to article 20 of Act No. 89-548 of 2 August 1989 relating to the conditions of stay and entry of foreigners in France and laying down detailed rules for the application of article 35 bis of the Ordinance No. 45 - 2658 of 2 November 1945;
Mindful of Decree No. 92-755 dated 31 July 1992 amended establishing new rules to civil proceedings for the implementation of Act No. 91-650 of 9 July 1991 on the reform of civil enforcement proceedings;
Mindful of Decree No. 92 - 1333 of December 15, 1992 laying down certain rules for the application of article 35 quater of Ordinance No. 45 - 2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France;
Mindful of Decree No. 96-740 14 August 1996 establishing a procedure of distribution of funds apart from any enforcement proceedings and amending the code of judicial organization and the new code of civil procedure;
Having regard to Decree No. 96 - 1080 of 12 December 1996 amended on tariff des huissiers de justice in civil and commercial matters;
Mindful of Decree No. 2001-963 23 October 2001 relating to the compensation of asbestos victims fund established by article 53 of Act No. 2000-1257 of 23 December 2000 financing of social security for 2001;
Having regard to the opinion of the Board of Governors of the Association dated March 1, 2004;
Having regard to the code of administrative justice, including the penultimate paragraph of article R. 123 - 20.
Having regard to decision No. 88-157 L may 10, 1988, the Constitutional Council on the legal nature of provisions of the code of expropriation for public purposes;
The Council of State (Interior Division) heard, enacts as follows: title I: General provisions amending the new CODE of PROCEDURE civil Article 1 the new code of civil procedure is amended as stated in articles 2 to 12 of this Decree.


Article 2 according to article 23, it is created an article 23-1 worded as follows: «art.» 23-1.-If one of the parties suffers from deafness, j. means to assist, by non-appealable order, an interpreter in sign language or in complete spoken language, or any qualified person mastering a language or a method to communicate with the deaf. The judge may also have recourse to any technical device for communicating with this part.
"However, the previous paragraph is not applicable if the affected portion of deafness appears assisted by a person of his choice able to ensure communication with it. ''


Article 3 the second paragraph of article 125 shall be replaced by the following: "the judge may raise ex officio the plea of inadmissibility from the lack of interest of the defect in quality or res judicata.".


Article 4 article 450, a second paragraph worded as follows is added: 'It may, however, notify the parties, the outcome of the discussions, that the judgment will be delivered by available to the registry of the Court on the date it says.'


Article 5 article 451 is amended as follows: i. - in the first subparagraph, the word: "publicly" is replaced by the words: "in public".
II. - It is added a second paragraph reading as follows: "provision to the registry obeys the same rules of advertising."


Article 6 the first paragraph of article 452 shall be replaced by the following: "the judgement hearing is made by one of the judges who deliberated in, even in the absence of others and the Crown".


Article 7a article 453, after the words: 'is pronounced', are added the words: ", in hearing or by providing access to the registry.


Article 8 article 524, a sixth paragraph worded as follows is added: "the first president can stop the provisional execution of right in the event of violation of the principle of audi alteram partem or article 12 and where the execution might lead to manifestly excessive consequences."


Article 9 article 536 is supplemented by a paragraph worded as follows: 'if the appeal is declared inadmissible because of such inaccuracy, the inadmissibility decision is notified by the registry to all parties to the proceeding by judgment. This notification shall run again the time limit for the exercise of the appropriate remedy. ' Article 10 article 763 is supplemented by a paragraph worded as follows: "it may order the withdrawal of the role in the cases and conditions of sections 382 and 383. ' Article 11 the second paragraph of article 771 is supplemented by the following words: "and incidents ending in the proceeding.


Article 12 article 776 is amended as follows:

I. - in the first subparagraph, the words: ", nor doubt ' are deleted.
II. - It is inserted, between the first and the second paragraph, an additional paragraph reading as follows: "They can be hit by doubt when they decide on the jurisdiction, lis pendens or connectedness."
III. - The last paragraph is repealed.


Article 13 after article 849, inserted an article 849-1 worded as follows: «art.» 849-1.-at the request of one of the parties, and if the emergency warrants, the judge in chambers, may refer the matter to a hearing which determines the date so that it is held at the bottom. It ensures that the defendant has sufficient time to prepare his defence. Order wins referral to the tribunal. «Title II: acts of vital statistics section 14 section 1 of chapter II of title I of Book III of the new code of civil procedure is replaced by the following provisions: "Section 1" cancellation and rectification of civil status acts "sub-section 1 ' administrative correction «Art»»»»»» 1046 - the Prosecutor of the Republic has territorial jurisdiction to the administrative correction of errors and purely material omissions of acts of civil status is: "-the public prosecutor of the place where the Act has been drawn up or transcribed;
"- the public prosecutor of the place where is established the central service of the civil status of the Ministry of Foreign Affairs, for the acts held by this service;
«- the Attorney of the Court of major jurisdiction of Paris for parts in lieu of civil status acts to a refugee or stateless person.
' However, the application can still be presented to the public prosecutor of the place of abode of the person concerned in order to be transmitted to the Prosecutor of the Republic has territorial jurisdiction. ' Subsection 2 "rectification and judicial cancellation «Art» 1047 - the president of the High Court has jurisdiction to entertain the rectification of acts of civil status or parts in lieu.
"The High Court has jurisdiction to entertain the cancellation of acts of civil status, their sayings or parts in lieu, and rectification of judgments declarative or proxy of acts of civil status.
«Art.» 1048 - the territorially competent court is the Court of the place of abode of the person whose marital status is in question or, if it remains outside France, the tribunal of Grand instance of Paris or its president. Can also be entered the Court of the place where the Act of civil status has been compiled or transcribed, or the Court which made the referral judgment.
"However are only competent:"-the jurisdiction of the place of establishment of the central service of civil status of the Ministry of Foreign Affairs, for the acts held by this service;
"- the tribunal de grande instance of Paris or its president, for parts in lieu of Act of civil status to a refugee or a stateless person.
«Art.» 1049 - the action is open to anyone who has interest and the Crown.
«Art.» 1050 - demand is trained, educated and considered as in graceful material.
«Art.» 1051 - it can also be made without form to the Prosecutor of the Republic who seizes the jurisdiction.
"However, if the public prosecutor intends to oppose the request, it shall inform the applicant and invites him to apply himself to the Court.
«Art.» 1052 - the case is communicated for notice to the Crown.
"When the request is formed by the Prosecutor of the Republic or a third party, the person whose marital status is in question or his heirs are heard or called. To this end, the request shall indicate their name, surname, home, date and place of birth without prejudice to the particulars provided for by 1 ° of article 57.
«Art.» 1053 - the judge may order the questioning of any person interested as well as the convening of the family Council.
«Art.» 1054 - if it accepts the request, the judge ordered the amendment with reference to margin, all acts even established, trained or transcribed outside its jurisdiction. To this end, the operative part of the decision passed by the Prosecutor of the Republic to the depositary of the modified acts.
'The annulled Act cannot be updated. It may be issued only on exceptional authorization of the public prosecutor in whose jurisdiction the Act is preserved.
«Art.» 1055 - appeal decisions in graceful material is formed, trained and judged according to the same procedure.
"Remedies are, in all cases, open to the public prosecutor."

Title III: Provisions taking the CONSEQUENCES of regulations community of COOPERATION judicial civil and commercial Article 15 after section 178 of the new code of civil procedure, inserted a section 4 worded as follows: "Section 4" provisions specific to certain cross-border investigative measures «Art»» 178-1.-when a measure of inquiry ordered abroad in application of Regulation (EC) no 1206/2001 of the Council of 28 May 2001, on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters, results in costs for the translation of the forms that should be sent to the requested court, the judge shall order the payment of an allowance credited to these charges , whose amount shall be fixed in accordance with the rates provided for in article R. 122 of the code of criminal procedure. The judge designates the or the parties who will have to pay the retainer at the registry of the Court within the time limit determined in the manner provided for in articles 270 and 271 of the present code.
"Upon receipt of the translation, the registry shall pay remuneration to the translator.
«Art.» 178-2.-when a measure of inquiry ordered abroad in accordance with the regulation referred to in article 178-1 is likely to lead to charges of interpreting during execution by the requested court, the judge fixed the amount of the allowance credited to these costs in the manner provided for in articles 269, 270 and 271 of the present code.
"Upon receipt of the request for reimbursement of the costs of interpretation by the requesting court, the registry conducts regulation to the extent of the amounts recorded."


Article 16 chapters II and III of title XV of book I of the code respectively become chapters III and IV.


Article 17 after article 508 of the code there shall be inserted a chapter II written as follows: ' chapter II ' cross-border recognition «Art»» 509 - judgements by foreign courts and acts received by foreign officers are enforceable on the territory of the Republic in the manner and in the cases provided by law.
«Art.» 509-1.-subject to the special provisions entrusting this task to the judge, the requests for the purposes of certification of the french for their recognition and enforcement enforceable abroad are presented to the Chief Clerk of the Court that has rendered the decision or approved the convention.
«Art.» 509-2.-queries for the purposes of recognition or recognition of the binding on the territory of the Republic, foreign enforceable, in application of Regulation (EC) of the Council n ° 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, are presented to the Chief Registrar of the High Court.
«Art.» 509-3.-by way of derogation from articles 509-1 and 509-2, requests for the purposes of certification, recognition or recognition of the enforceability of authentic deeds, in application of the regulation of 22 December 2000, are presented to the president of the chambre des notaires or, in case of absence or impediment, to his alternate appointed from among the members of the Chamber.
"Where this regulation requires, an address for service is made within the jurisdiction of the Court of appeal where sits the chambre des notaires.
«Art.» 509-4.-the request is submitted in duplicate. It must contain the precise indication of the claimed parts.
«Art.» 509-5.-the decision dismissing an application for the purposes of recognition of enforceability is motivated.
«Art.» 509-6.-the certificate, or the decision on the request of recognition or recognition of enforceability, is delivered to the applicant against signature or receipt, or it is notified by registered letter with request for acknowledgement of receipt.
"Double the query as well as the certificate or decision are kept at the secretariat.
«Art.» 509-7.-If it comes from the judge, the refusal of issue of the certificate can be referred to the president of the High Court. This last statue last spring on request, the applicant and requested authority heard or called. «Article 18 after article 670-2 of the code, it is an article inserted 670-3 worded as follows: «art.» 670-3.-when reporting internationally accomplished to the diligence of the secretariat of the Court, the translation of the Act, or any other part, appears necessary, the translator is required by the Chief Clerk or person in charge of the secretariat of the Court.
"Translation is remunerated pursuant to article R. 122 of the code of criminal procedure.
"The costs incurred by notification of an act abroad by the diligence of the secretariat of the Court are taxed, advanced and recovered in respect of costs under article R. 93 (16 °) of the code of criminal procedure."


Article 19

Article 683 of the code, the words: «in article 670-2» are replaced by the words: 'in articles 670-2 and 670-3.

Title IV: Provisions relating to the exercise of remedies Section 1: provisions relating to the procedure of appeal Article 20 article 490-1 of the new code of civil procedure is repealed.


Article 21 paragraph 9 of section 901 of the code is supplemented by the following sentence: "it is accompanied by a copy of the decision. It's worth registration request to the role. "Article 22 articles 905 and 906 of the same code are repealed.


Article 23 paragraph 2 of article 910 of the code is amended as follows: after the words: "or be able to be judged," shall be inserted the words: "or when the call is concerning an order for interim relief,".


Article 24 article 932 of the same code is replaced by the following: «art.» 932 - appeal by a declaration that the part or all is representative or address, fold recommended, at the registry of the Court. "Article 25 article 933 of the same code is supplemented by the following sentence:"it is accompanied by a copy of the decision. ' Article 26 the second sentence of section 936 of the code is removed.


Article 27 the last sentence of article 1192 of the code is removed.


Article 28 article R. 517 - 7 of the labour code is amended as follows: i. - in the second paragraph, the words: "to the secretariat of the Court which gave the judgment" shall be replaced by the words: "in the registry of the Court.
II. - After the last paragraph, is added the following sentence: "It is accompanied by a copy of the decision."


Article 29 in the seventh paragraph of article R. 142 - 28 of the code of social security: i. - the words: "secretariat of the Court which gave the judgment" shall be replaced by the words: "the court registry.
II. - It is added the following sentence: "the statement is accompanied by the copy of the decision."


Article 30 article R. 13-47 of the code of expropriation for public purposes is hereby amended as follows: i. - in the first subparagraph, the words: 'or by registered letter with request for acknowledgement of receipt addressed to the secretariat of the Court which rendered the decision' shall be replaced by the words: 'or by declaration made or sent by registered letter, at the registry of the Court '.
II. - The second paragraph is deleted.
III. - After the last paragraph of the same article, it is added the following sentence: "It is accompanied by a copy of the decision."


Article 31 (A) article R. 13-48 of the code of the expropriation for public utility, the last sentence of the first subparagraph and the second subparagraph are repealed.


Section 32. III of article 160 of the Decree of 27 December 1985 referred to above shall be replaced by the following: 'III '. -In other cases that those mentioned in II above and except if it is resorted to the procedure to fixed day, the case is educated according to the provisions of the second paragraph of article 910 of the new code of civil procedure. However, the president of the Chamber may decide that the case will be dealt with as laid down in the first paragraph of the same article. » Section 2: provisions relating to the proceedings before the Court of cassation Article 33 article 628 of the new code of civil procedure shall be replaced by the following: «art.» 628 - the applicant lodged unsuccessful in its appeal or the appeal is not allowed may, in the case of deemed abuse, be sentenced to a civil fine which the amount may not exceed EUR 3 000, and within the same limits, to the payment of compensation to the defendant. «Article 34 article 343 of the code shall be replaced by the following: «art.» 343 - with the exception of the actions brought before the Court of cassation, the challenge may be proposed by the party itself or by its agent.
"The agent must be equipped with a special power."


Article 35 paragraph 1 of article 1196 of the code is repealed.


Article 36 the second sentence of the second paragraph of article 38 of the above-mentioned Ordinance of October 23, 1958, codified in article L. 13-25 of the code of the expropriation for public utility, is repealed.


Article 37 the second and third subparagraphs of article R. 12 - 5 of the code of expropriation for public purposes shall be replaced by the following provisions: "the notification of the order must reproduce the terms of article L. 12 - 5 of this code and articles 612 and 973 of the new code of civil procedure. ''


Article 38 the IV of article R. 332-1-2 of the code of consumption is replaced by the following: 'IV '. -Calling is trained, educated, and judged according to the rules of procedure without mandatory representation provided for in sections 931-949 of the new code of civil procedure. ' Article 39 article R. 517 - 10 of the labour code is repealed.


Article 40 article R. 3122-30 of the public health code is repealed.


Article 41 the Decree of 12 November 1991 referred to above is amended as follows: i. - to article 12, the words: "is formed within ten days of notification of the order of the first president. It' are deleted.
II. Articles 13, 14, 15, 16 and 17 are repealed.


Article 42 the Decree of December 15, 1992 referred to above is amended as follows: i. - to article 12, the words: "is formed within ten days of notification of the order of the first president. It' are deleted.
II. Articles 13, 14, 15, 16 and 17 are repealed.


Article 43 article 35 of the Decree of 23 October 2001 referred to above shall be repealed.

Title V provisions relating to fees and costs and rates of some officers public and corporate chapter I: fees and costs Article 44 article 695 of the new code of civil procedure is amended as follows: i. - in the third paragraph, the word: 'required' is replaced by: "necessary".
II. - It is added a ninth preambular paragraph read as follows: «8 ° the expenses incurred by the notification of an act abroad;»
III. - It is added a tenth preambular paragraph read as follows: «9 ° interpreting and translation expenses necessitated by any investigations conducted abroad at the request of the courts under Regulation (EC) no 1206/2001 of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters. '.


Article 45 article R. 93 of the code of criminal procedure is supplemented by two paragraphs worded as follows: "23 ° the remuneration and allowances of interpreters appointed in application of article 23-1 of the new code of civil procedure;
«24 ° the remuneration and allowances of interpreters appointed by the High Court for the execution of a measure of inquiry at the request of a foreign jurisdiction under the Regulation (EC) no 1206/2001 of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters.»


Article 46 after article R. 93 of the same code, it is inserted an article R. 93 - 1 worded as follows: «art.» R 93-1. -The remuneration and expenses of the interpreters mentioned in 23 ° of article R. 93 are liquidated according to the conditions laid down in article R. 122. They remain the responsibility of the State. "Chapter II: rates of some public and corporate officers Article 47 I. - Title IV of the Decree of 8 March 1978 above-mentioned becomes title v
II. After article 34 of the same Decree, it is added a title IV which reads as follows: ' part IV ' recognition border «Art»» 34-1.-when, in accordance with the provisions of article 509-3 of the new code of civil procedure, the president of the chambre des notaires is required to complete the certificate provided for in article 57-4 of Regulation (EC) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the applicant pays to the Board a fee equal to 4 units of value.
"This right is in addition to reimbursement of fees and disbursements exposed by the Chamber on the occasion of this mission.
«Art.» 34-2.-when, pursuant to article 509-3 of the new code of civil procedure, the president of the chambre des notaires is required to determine the enforceability of a notarial authentic instrument, the applicant pays to the Chamber a fee equal to 8 units of value.
"This right is added to reimbursement of fees and disbursements exposed by the Chamber on the occasion of this mission."


Article 48 the tables i. - acts (II. - acts with the aim to inform the parties and third parties; VIII. - Various acts) and II. -Formalities, requests and stagecoaches annexed to the Decree of 12 December 1996 referred to above are complemented by the following topics: T A B L E A U I acts acts intended to inform the parties and third parties you can consult the table in OJ 195 of 22/08/2004 text number 7 T A B L E A U I I formalities , queries and diligence you can consult the table in OJ 195 of 2004-08-22 text number 7 Title VI: Miscellaneous provisions chapter I:: other provisions amending the new code of civil procedure Article 49 A article 1078 of the new code of civil procedure, the words: 'article 287-2' shall be replaced by the words: 'article 373-2-12 '.


Article 50 (A) the last sentence of article 1406 and in the second subparagraph of article 1425-1 of the code, the words: 'article 847-4' are replaced by the words: 'article 847-5 '.



Article 51 article 1425-3 of the code, it is added a fifth paragraph read as follows: «3 ° eventually damages which will be claimed in the event of breach of the injunction to.»

Chapter II: Provisions amending the designation of the registry Article 52 I. secretariats - in the new code of civil procedure, the second and the third part of the labour code and the second part of the electoral code, the words: "secretariat registry" or "registry" shall be replaced by the word: "registry".
II. However, by way of derogation from the above: 1 ° to articles 338-5 and 338-8 of the new code of civil procedure, the words: 'lodged' shall be replaced by the words: "secretariat of the Court";
2 ° A article 575 of the new code of civil procedure, as well as in article R. 351-5-1 of the labour code, the words: 'lodged' shall be replaced by the word: "secretariat";
3 ° to articles 1407 to 1424 of the new code of civil procedure, the words: "to the secrecy or" shall be deleted;
4 ° in article R. 516 - 17 of the code of labor, the word: «secretariat» is replaced by: "registry".
5 ° in the second paragraph of article R. 721 - 11 of the code of labor, the word: «secretariat» is replaced by: "registry" and the words: ' the registry' shall be deleted.

Chapter III: Other miscellaneous provisions Article 53 article R. 145 - 3 of the labour code is amended as follows: after the words: "monthly amount of the minimum insertion for a beneficiary income", the word is added: «only».


Article 54 the first paragraph I of article R. 332-1-2 of the code of consumption is worded as follows: "execution judge rules by judgment or, under a special provision, by order."


Article 55 the 1 ° of article 11 of the Decree of 29 February 1956 above reads as follows: '1 ° in criminal matters, to attend the sittings and hearings, the appeal of the causes and to maintain order under the authority of the president.
"In civil matters, to attend the sittings, the appeal of the causes and, as an exceptional measure, to maintain order under the authority of the president.'


Article 56 (A) in article 1 of the Decree of 15 July 1980 referred to above, the sum or value "800 euros" is replaced by the sum or value '1,500 euros.


Article 57 the Decree of 31 July 1992 referred to above is amended as follows: i. - in the first subparagraph of article 46, after the words: "amount not greater than the minimum insertion for a beneficiary income", the word is added: «only».
II. - in the fifth paragraph of article 94, in the sixth paragraph of article 101, in the fifth paragraph of article 159 and the sixth paragraph of article 221 the words: "406 of the penal code" are replaced by the words: "314-6 of the penal code.
III. - The ninth paragraph of article 94 is worded as follows: «8 ° the reproduction of the provisions of article 314-6 of the penal code and articles 107 to 109 of this Decree.»
IV. - The eleventh paragraph of article 101 reads as follows: "10 ° the reproduction of the provisions of article 314-6 of the penal code."
V. - The ninth paragraph of section 159 reads as follows: «8 ° the reproduction of the article 314-6 of the penal code as well as the reproduction of articles 155 and 156, and of articles 211 and 213 to 216 of this Decree.»
VI. - The tenth paragraph of article 221 reads as follows: "8 ° the reproduction of article 314-6 of the penal code and articles 210 to 219 of this Decree."


Article 58 it is inserted after article 2 of the Decree of 14 August 1996 referred to above, an article 2-1 worded as follows: «art.» 2-1.-for the purposes of section l 143 - 21 of the commercial code, shall be carried out according to the rules laid down by articles 1281-2 et seq. of the new code of civil procedure. "Title VII: final and transitional Article 59 provisions this Decree will enter into force on 1 January 2005. It will be applicable to the current proceedings. However, articles 20 to 43 will be applicable only to actions directed against the decisions from January 1, 2005.


Article 60 the Minister of State, Minister of economy, finance and industry, and the keeper of the seals, Minister of justice, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, on August 20, 2004.
Jean-Pierre Raffarin by the Prime Minister: the keeper of the seals, Minister of justice, Dominique Perben Minister of State, Minister of economy, finance and industry, Nicolas Sarkozy

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