Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Having regard to the Constitution, in particular article 37, paragraph 2;
Having regard to Council Regulation (EC) No. 44/2001 of 22 December 2000 concerning judicial competence, recognition and enforcement of civil and commercial decisions;
Considering Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the jurisdictions of the Member States in the field of obtaining evidence in civil and commercial matters;
Considering the Civil Code, including articles 373-2-12 and 1341;
Considering the penal code, including article 314-6;
Considering the code of consumption;
Considering the code of expropriation because of public utility;
Considering the Code of Criminal Procedure (regulatory party);
Considering the Public Health Code;
Considering the social security code;
Considering the labour code;
Considering the new Code of Civil Procedure;
Having regard to the Act of 29 March 1944 on the tariffs of emoluments allocated to public or ministerial officers, together with Order No. 45-2048 of 8 September 1945;
Having regard to amended Act No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures;
Having regard to amended Order No. 58-997 of 23 October 1958 reforming the rules relating to expropriation because of public utility;
Having regard to the amended Decree No. 56-222 of 29 February 1956 for the application of the order of 2 November 1945 relating to the status of judicial officers;
In view of the amended Decree No. 78-262 of 8 March 1978 establishing the tariff of notaries;
In view of Decree No. 80-533 of 15 July 1980 adopted for the application of Article 1341 of the Civil Code, as amended by Decree No. 99-235 of 22 March 1999;
In view of Decree No. 82-716 of 10 August 1982 amending Decree No. 67-472 of 20 June 1967, establishing the special status of chief clerks and clerks of courts and tribunals;
Having regard to amended Decree No. 85-1388 of 27 December 1985 on the judicial recovery and liquidation of enterprises;
Having regard to Decree No. 91-1164 of 12 November 1991 adopted pursuant to Article 20 of Law No. 89-548 of 2 August 1989 on the conditions of residence and entry of foreigners in France and setting out the modalities for the application of Article 35 bis of Order No. 45-2658 of 2 November 1945;
Having regard to amended Decree No. 92-755 of 31 July 1992 establishing new rules on civil enforcement procedures for the application of Act No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures;
In view of Decree No. 92-1333 of 15 December 1992 establishing certain terms and conditions for the application of Article 35 quater of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France;
In view of Decree No. 96-740 of 14 August 1996 establishing a procedure for the distribution of the deniers outside of any enforcement procedure and amending the code of the judicial organization and the new Code of Civil Procedure;
Having regard to amended Decree No. 96-1080 of 12 December 1996 on the tariff of judicial officers in civil and commercial matters;
In view of Decree No. 2001-963 of 23 October 2001 on the compensation fund for victims of asbestos established by Article 53 of Law No. 2000-1257 of 23 December 2000 on the financing of social security for 2001;
In the light of the opinion of the Higher Council for Homage of 1 March 2004;
Considering the Administrative Justice Code, including the penultimate paragraph of its article R. 123-20;
Having regard to Decision No. 88-157 L of 10 May 1988 of the Constitutional Council on the legal nature of the provisions of the Code of Expropriation because of public utility;
The State Council (inland section) heard,
Decrete:
The new Code of Civil Procedure is amended as stated in Articles 2 to 12 of this Decree.
After section 23, an article 23-1 is created as follows:
"Art. 23-1. - If one of the parties is deafened, the judge shall designate to assist, by order not subject to appeal, an interpreter in sign language or in full spoken language, or any qualified person who has a language or method to communicate with the deaf. The judge may also use any technical arrangements to communicate with that party.
"However, the previous paragraph is not applicable if the deafened party appears assisted by a person of his or her choice in a position to ensure communication with him or her. »
The second paragraph of section 125 is replaced by the following provisions:
"The judge may take the end of non-receiving from the lack of interest, the lack of quality or the thing judged. »
In section 450, a second paragraph is added:
"It may, however, advise the parties, at the end of the proceedings, that the judgment shall be pronounced by its availability to the court office on the date it indicates. »
Section 451 is amended to read:
I. - In the first paragraph, the word "public" is replaced by the words "in public hearing".
II. - A second preambular paragraph added:
"The provision to the Registry obeys the same advertising rules. »
The first paragraph of section 452 is replaced by the following provisions:
"The trial judgment is rendered by one of the judges who deliberated on it, even in the absence of the others and the Public Prosecutor's Office. »
In section 453, after the words: "is pronounced", the words are added: ", in hearing or by being made available to the Registry."
In section 524, a sixth paragraph is added to read:
"The first president may stop the provisional execution of law in the event of a manifest violation of the principle of the contradictory or article 12 and where the execution may result in manifestly excessive consequences. »
Section 536 is supplemented by a paragraph to read:
"If the appeal is declared inadmissible because of such inaccuracies, the decision to be inadmissible is notified by the Registry to all parties to the judgment proceedings. This notification shall reschedule the time limit for the exercise of the appropriate remedy. »
Section 763 is supplemented by a paragraph written as follows:
"It may order the withdrawal of the role in the cases and conditions of sections 382 and 383. »
The second paragraph of section 771 is supplemented by the following words: "and incidents ending the proceeding".
Section 776 is amended to read:
I. - In the first paragraph, the words ", no contradict" are deleted.
II. - Between the first and the second preambular paragraph, an additional paragraph shall be inserted:
"They can be contradicted when they decide on competence, litispendance or connexity. »
III. - The last paragraph is repealed.
After section 849, an article 849-1 is inserted as follows:
"Art. 849-1. - At the request of one of the parties, and if the urgency warrants it, the judge may refer the matter to a hearing that sets the date for a decision on the merits. It ensures that the defendant has sufficient time to prepare his defence. The order takes precedence from the court. »
Section 1 of Chapter II of Title I of Book III of the new Civil Procedure Code is replaced by the following:
“Section 1
"From the cancellation and rectification of civil status acts
"Subsection 1
“Administrative rectification
"Art. 1046. - The prosecutor of the territorially competent Republic to make administrative correction of purely material errors and omissions of civil status acts is:
" - the prosecutor of the Republic of the place where the act was drawn up or transcribed;
" - the prosecutor of the Republic of the place where the central civil registry office of the Ministry of Foreign Affairs is established, for the acts held by that service;
" - the prosecutor of the Republic near the Court of Grand Instance of Paris for documents held in lieu of civil acts to a refugee or stateless person.
"However, the application can always be submitted to the prosecutor of the Republic of the place where the person remains in order to be forwarded to the prosecutor of the territorially competent Republic.
"Subsection 2
« Correction and judicial cancellation
"Art. 1047. - The President of the High Court has jurisdiction to determine the correction of the civil status or the documents taking place.
"The High Court has jurisdiction to hear of the annulment of the civil status, their denunciations or documents taking place, and the rectification of the declaratory or pleading judgments of civil status acts.
"Art. 1048. - Territorially competent jurisdiction is the jurisdiction of the place where the person whose civil status is in question or, if it remains outside France, the Paris High Court or its President. The jurisdiction of the place where the civil record was filed or transcribed, or the jurisdiction that rendered the judgment referred, may also be seized.
"However, they are only competent:
" - the jurisdiction of the place of establishment of the central civil registry service of the Ministry of Foreign Affairs, for the acts held by that service;
" - the Court of Grand Instance of Paris or its President, for documents held in place of civil status to a refugee or stateless person.
"Art. 1049. - The action is open to anyone who has an interest in it and the Public Prosecutor's Office.
"Art. 1050. - The application is formed, educated and judged as in gracious matter.
"Art. 1051. - It may also be submitted without form to the prosecutor of the Republic who has jurisdiction.
"However, if the prosecutor of the Republic intends to oppose the application, he shall inform the appellant of the request and invite him to apply the jurisdiction.
“Art. 1052. - The case is communicated to the Public Prosecutor's Office for advice.
"When the application is filed by the public prosecutor or a third party, the person whose civil status is at issue or his or her heirs are heard or called. For this purpose, the application shall indicate their name, first name, domicile, date and place of birth without prejudice to the mentions provided for in Article 57(1).
"Art. 1053. - The judge may order the questioning of any interested person and the convocation of the family council.
"Art. 1054. - If the judge is entitled to the application, the judge shall order the amendment, by reference to the margins, of any acts even established, erected or transcribed outside his jurisdiction. To that end, the mechanism of the decision shall be transmitted by the prosecutor of the Republic to the depositary of the amended acts.
"The cancelled act can no longer be updated. It can only be issued upon exceptional authorization from the public prosecutor in whose jurisdiction the act is retained.
"Art. 1055. - The appeal of the decisions rendered in the matter of graciousness is formed, instructed and judged according to the same procedure.
"The remedies are, in all cases, open to the Public Prosecutor's Office. »
After section 178 of the new Civil Procedure Code, a section 4 is inserted as follows:
“Section 4
“Special provisions on certain measures
cross-border education
"Art. 178-1. - Where an order of instruction in foreign jurisdiction pursuant to Council Regulation (EC) No 1206/2001 of 28 May 2001, relating to the cooperation between the jurisdictions of the Member States in the field of obtaining evidence in civil and commercial matters, the judge shall order the payment of a provision to be made in respect of such costs, the amount of which shall be set in the prescribed court. The judge shall designate the party(s) to pay the provision to the court office within the time period determined by the court in accordance with the terms and conditions set out in sections 270 and 271 of this Code.
"On receipt of the translation, the Registry pays its remuneration to the translator.
"Art. 178-2. - Where an orderly foreign instruction pursuant to the regulation referred to in section 178-1 is likely to charge interpreters at the time of execution by the required court, the judge shall determine the amount of the provision to be claimed on these costs in accordance with the terms set out in sections 269, 270 and 271 of this Code.
"On receipt of the application for reimbursement of the amount of Interpretation fees by the requesting court, the Registry shall proceed to the settlement up to the amount recorded. »
Chapters II and III of Title XV of Book I of the above-mentioned Code, respectively, become chapters III and IV.
After section 508 of the above-mentioned code, a chapter II is inserted as follows:
“Chapter II
« Cross-border recognition
"Art. 509. - Judgments rendered by foreign courts and acts received by foreign officers are enforceable in the territory of the Republic in the manner and in the cases provided for by law.
"Art. 509-1. - Subject to the specific provisions entrusting this mission to the judge, applications for certification of French enforceable securities for recognition and enforcement abroad are submitted to the Chief Registrar of the Jurisdiction who has rendered the decision or approved the Convention.
"Art. 509-2. - Applications for the recognition or recognition of the enforceable force in the territory of the Republic of foreign enforceable titles, pursuant to Council Regulation (EC) No. 44/2001 of 22 December 2000 concerning judicial jurisdiction, recognition and enforcement of civil and commercial decisions, shall be submitted to the Chief Clerk of the High Court.
"Art. 509-3. - By derogation from sections 509-1 and 509-2, requests for certification, recognition or recognition of the enforceable force of the notarial acts, pursuant to the above-mentioned regulation of 22 December 2000, shall be submitted to the President of the notary's Chamber or, in the event of absence or incapacity, to his designated alternate among the members of the board.
"When required by this regulation, the election of domicile is made in the jurisdiction of the court of appeal where the notary's chamber is sitting.
"Art. 509-4. - The request is presented in duplicate. It must include the precise indication of the evidence invoked.
"Art. 509-5. - The decision rejecting the request for the purpose of finding the enforceable force is motivated.
"Art. 509-6. - The certificate, or the decision relating to the application for recognition or recognition of the enforceable force, shall be handed over to the applicant against demarcation or receipt, or shall be notified by registered letter with a request for notice of receipt.
"Double of the request and the certificate or decision shall be retained in the secretariat.
"Art. 509-7. - If he does not emanate from the judge, the refusal to issue the certificate may be referred to the President of the High Court. The latter is a final decision on request, the appellant and the required authority heard or called. »
After section 670-2 of the above-mentioned code, an article 670-3 is inserted as follows:
"Art. 670-3. - When, for notification abroad performed at the diligence of the court secretariat, the translation of the act or any other document appears necessary, the translator is required by the chief clerk or the head of the court secretariat.
"The translation is paid pursuant to Article R. 122 of the Code of Criminal Procedure.
"The costs caused by the notification of an act abroad at the due diligence of the court secretariat are taxed, advanced and recovered under the costs provided for in Article R. 93 (16°) of the Code of Criminal Procedure. »
In section 683 of the above-mentioned code, the words "in section 670-2" are replaced by the words "in sections 670-2 and 670-3".
Section 490-1 of the new Civil Procedure Code is repealed.
The ninth paragraph of Article 901 of the Code is supplemented by the following sentence:
"It is accompanied by a copy of the decision. It's worth a request to register for the role. »
Sections 905 and 906 of the same code are repealed.
The second paragraph of section 910 of the same code is amended to read:
After the words: "or be in a position to be tried," the words are inserted: "or when the appeal is related to a Referral Order."
Section 932 of the same code is replaced by the following provisions:
"Art. 932. - The appeal is made by a statement that the party or any agent makes or addresses, by registered fold, to the court office. »
Section 933 of the same code is supplemented by the following sentence:
"It is accompanied by a copy of the decision. »
The second sentence of Article 936 of the same code is deleted.
The last sentence of Article 1192 of the same code is deleted.
Section R. 517-7 of the Labour Code is amended to read:
I. - In the second paragraph, the words "to the secretariat of the court that rendered the judgment" are replaced by the words "to the court's office".
II. - After the last paragraph, the following sentence is added:
"It is accompanied by a copy of the decision. »
In the seventh paragraph of Article R. 142-28 of the Social Security Code:
I. - The words: "secretariat of the court that rendered the judgment" are replaced by the words: "Court Registry".
II. - The following sentence is added:
"The statement is accompanied by a copy of the decision. »
Section R. 13-47 of the Code of Expropriation for Public Use is amended as follows:
I. - In the first paragraph, the words: "or by registered letter with a request for a notice of receipt addressed to the secretariat of the court that rendered the decision" are replaced by the words: "or by a statement made or addressed by registered fold to the court office".
II. - The second paragraph is deleted.
III. - After the last paragraph of the same article, the following sentence is added:
"He is accompanied by a copy of the decision. »
In section R. 13-48 of the Code of Expropriation for public utility, the last sentence of the first paragraph and the second paragraph are repealed.
The third of Article 160 of the above-mentioned Decree of 27 December 1985 is replaced by the following provisions:
"III. - In cases other than those mentioned in II above and except where the fixed-day procedure is used, the case shall be investigated in accordance with the provisions of the second paragraph of Article 910 of the new Code of Civil Procedure. However, the chair of the board may decide that the case will be investigated in accordance with the terms set out in the first paragraph of the same article. »
Section 628 of the new Civil Procedure Code is replaced by the following provisions:
"Art. 628. - The applicant in cassation who succumbs to his or her claim or whose appeal is not admitted may, in the event of an appeal deemed abusive, be sentenced to a civil fine whose amount cannot exceed 3,000 euros and, within the same limits, to the payment of compensation to the defendant. »
Section 343 of the same code is replaced by the following provisions:
“Art. 343. - With the exception of the actions brought before the Court of Cassation, the objection may be proposed by the party itself or by its agent.
"The agent must have a special power. »
The first paragraph of section 1196 of the same code is repealed.
The second sentence of the second paragraph of section 38 of the above-mentioned order of 23 October 1958, codified in section L. 13-25 of the expropriation code for public use, is repealed.
The second and third paragraphs of section R. 12-5 of the Code of Expropriation for Public Use are replaced by the following:
"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 Civil Procedure Code. »
The IV of Article R. 332-1-2 of the Consumer Code is replaced by the following:
"IV. - The appeal is formed, instructed and tried according to the rules of procedure without mandatory representation provided for in articles 931 to 949 of the new Civil Procedure Code. »
Section R. 517-10 of the Labour Code is repealed.
Section R. 3122-30 of the Public Health Code is repealed.
The above-mentioned decree of 12 November 1991 is amended as follows:
I. - In Article 12, the words: "is formed within ten days of notification of the order of the first president. It » are deleted.
II. - Sections 13, 14, 15, 16 and 17 are repealed.
The above-mentioned decree of 15 December 1992 is amended as follows:
I. - In Article 12, the words: "is formed within ten days of notification of the order of the first president. It » are deleted.
II. - Sections 13, 14, 15, 16 and 17 are repealed.
Article 35 of the above-mentioned Decree of 23 October 2001 is repealed.
Article 695 of the new Civil Procedure Code is amended to read:
I. - In the third paragraph, the word "mandatory" is replaced by the word "necessary".
II. - A ninth preambular paragraph is added as follows:
« 8° The costs incurred by notification of an act abroad; »
III. - A tenth preambular paragraph is added as follows:
« 9° The costs of interpreting and translation made necessary by the measures of investigation carried out abroad at the request of the courts under Council Regulation (EC) No 1206/2001 of 28 May 2001 concerning cooperation between the jurisdictions of the Member States in the field of obtaining evidence in civil and commercial matters. »
Article R. 93 of the Code of Criminal Procedure is supplemented by two paragraphs written as follows:
« 23° The remuneration and compensation of interpreters designated under section 23-1 of the new Civil Procedure Code;
« 24° The remuneration and compensation of interpreters appointed by the Court of Grand Instance for the execution of an instruction at the request of a foreign court pursuant to Council Regulation (EC) No 1206/2001 of 28 May 2001 concerning cooperation between the jurisdictions of the Member States in the field of obtaining evidence in civil and commercial matters. »
After article R. 93 of the same code, an article R. 93-1 is inserted as follows:
"Art. R. 93-1. - The remuneration and allowances of the interpreters referred to in the 23rd of section R. 93 shall be liquidated according to the conditions laid down in article R. 122. They remain in charge of the state. »
I. - Title IV of the above-mentioned Decree of 8 March 1978 becomes title V.
II. - After article 34 of the same decree, a title IV is added as follows:
« TITRE IV
« TRANSBOUNDARY MEETING
"Art. 34-1. - Where, in accordance with the provisions of Article 509-3 of the new Code of Civil Procedure, the President of the Chamber of Notaries is required to establish the certificate provided for in Article 57-4 of Council Regulation (EC) No 44/2001 of 22 December 2000 concerning judicial jurisdiction, recognition and enforcement of civil and commercial decisions, the appellant shall pay to the board a right equal to 4 units of value.
"This right is in addition to the reimbursement of expenses and disbursements incurred by the room on the occasion of this mission.
"Art. 34-2. - Where, pursuant to section 509-3 of the new Code of Civil Procedure, the President of the Notary Chamber is required to determine the enforceability of an authentic notarial act, the appellant shall pay to the board a right equal to 8 units of value.
"This right is in addition to the reimbursement of expenses and disbursements incurred by the room on the occasion of this mission. »
Tables I. - Acts (II. - Acts intended to inform parties and third parties; VIII. - Miscellaneous acts) and II. - Formalities, petitions and diligence annexed to the above-mentioned Decree of 12 December 1996 are supplemented by the following entries:
T A B L E A U I
ACTS
Acts intended to inform parties and third parties
You can see the table in the OJ
n° 195 of 22/08/2004 text number 7
T A B L E A U I
Forms, requests and diligence
You can see the table in the OJ
n° 195 of 22/08/2004 text number 7
In Article 1078 of the new Civil Procedure Code, the words "Article 287-2" are replaced by the words "Article 373-2-12".
In the last sentence of Article 1406 and the second paragraph of Article 1425-1 of the above-mentioned Code, the words "Article 847-4" are replaced by the words "Article 847-5".
In section 1425-3 of the above-mentioned code, a fifth paragraph is added as follows:
« 3° Eventually the damages and interests that will be claimed in the event of failure to comply with the order to do so. »
I. - In the new Civil Procedure Code, the second and third part of the Labour Code and the second part of the Electoral Code, the words: "Registration Secretariat" or "Registration Secretariat" are replaced by the word "Registration".
II. - However, by derogation from I above:
1° In articles 338-5 and 338-8 of the new Civil Procedure Code, the words: "secretariat" are replaced by the words: "court secretariat";
2° In Article 575 of the new Civil Procedure Code, as well as Article R. 351-5-1 of the Labour Code, the words "secretariat" are replaced by the word "secretariat";
3° In articles 1407 to 1424 of the new Civil Procedure Code, the words "to the secretariat-greffe or" are deleted;
4° In article R. 516-17 of the Labour Code, the word "secretariat" is replaced by the word "registration";
5° In the second paragraph of Article R. 721-11 of the Labour Code, the word "secretary" is replaced by the word "registration" and the words "in the Registry" are deleted.
Section R. 145-3 of the Labour Code is amended to read:
After the words: "monthly amount of the minimum income of insertion for an allocataire", it is added the word "only".
The first paragraph of Article R. 332-1-2 of the Consumer Code is as follows:
"The enforcement judge shall rule by judgment or, under a special provision, by order. »
The 1st of Article 11 of the aforementioned Decree of 29 February 1956 is thus written:
« 1° In criminal matters, to attend solemn hearings and public hearings, to appeal the causes and to maintain order under the authority of the president.
"In civil matters, to attend solemn hearings, to appeal the causes and, as an exception, to maintain order under the authority of the president. »
In Article 1 of the above-mentioned decree of 15 July 1980, the sum or value "800 euros" is replaced by the sum or value " 1,500 euros".
The above-mentioned decree of 31 July 1992 is amended as follows:
I. - In the first paragraph of Article 46, after the words: "the amount equal to that of the minimum income of insertion for an allocataire", the word "only".
II. - In the fifth paragraph of Article 94, in the sixth paragraph of Article 101, in the fifth paragraph of Article 159 and in the sixth paragraph of Article 221, the words: "406 of the Criminal Code" are replaced by the words: "314-6 of the Criminal Code".
III. - The ninth paragraph of Article 94 is as follows:
« 8° The reproduction of the provisions of Article 314-6 of the Penal Code and that of Articles 107 to 109 of this Decree. »
IV. - The eleventh paragraph of Article 101 is as follows:
« 10° Reproduction of the provisions of Article 314-6 of the Criminal Code. »
V. The ninth paragraph of Article 159 is as follows:
« 8° The reproduction of article 314-6 of the Criminal Code and the reproduction of articles 155 and 156 and articles 211 and 213 to 216 of this decree. »
VI. - The tenth paragraph of Article 221 is as follows:
« 8° Reproduction of Article 314-6 of the Penal Code and of Articles 210 to 219 of this Decree. »
It is inserted, after Article 2 of the above-mentioned Decree of 14 August 1996, an article 2-1, as follows:
"Art. 2-1. - For the purposes of Article L. 143-21 of the Commercial Code, the rules laid down in Articles 1281-2 et seq. of the new Civil Procedure Code are applied. »
This Decree will enter into force on 1 January 2005. It will be applicable to current procedures. However, sections 20 to 43 will apply only to appeals against decisions rendered as of January 1, 2005.
The Minister of State, Minister of Economy, Finance and Industry, and the Minister of Justice of the Seals, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, 20 August 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
