Key Benefits:
Audiences concerned: justiciables, lawyers, justice advocates.
Nature: modernization of judicial proceedings (implementation of the Guinchard report on the distribution of disputes and conclusions of the working group on social security courts).
Subject: consolidation of the written submissions of the parties in the context of oral proceedings and the judicial and extrajudicial activity of the conciliators of justice.
Effective December 1, 2010.
Notice: 1° Oral procedure: the decree creates a set of rules common to all these procedures. It makes it possible to organize a real status of the files when necessary. When the parties make a choice to communicate in writing, these entries are secure and the procedure for comparing the parties is relaxed, to limit the movement of the parties sometimes remote. The reform concerns all jurisdictions, but it will only have a residual application before the councils of prud'hommes, specially governed by the Labour code.
2° Activity of the conciliators of justice: the decree implements all the proposals of the Guinchard commission in order to develop and facilitate the activity of these volunteers, both before any action in court and during the proceedings, by the delegation which may be made of the conciliation mission (the formalism of the delegation is reduced; the delegation is in surplus now possible in the commercial courts.
3° Miscellaneous: ease of the procedure for rectification of material error of judicial decisions; Implementation of the Lugano Convention of 30 October 2007 on the Judiciary, Recognition and Enforcement of Decisions in Civil and Commercial Matters (designation of the certification authorities of decisions intended to circulate within the States parties to the Convention).
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State, Minister of Justice and Freedoms,
Having regard to the Convention on Jurisdiction, Recognition and Enforcement of Decisions in Civil and Commercial Matters concluded at Lugano on 30 October 2007;
Vu le Civil codearticles 1244-1, 2238, 2241 and 2242;
Vu le Consumer codeincluding article R. 142-1;
Considering the code of the judicial organization, including its article R. 312-42;
Considering the Civil Procedure Code;
Vu le Social Security Codeincluding articles R. 142-10 to R. 142-27, R. 143-25 to R. 143-27 and R. 143-29;
Vu la Act No. 95-125 of 8 February 1995 amended on the organization of jurisdictions and civil, criminal and administrative proceedings, including articles 21 to 26;
Vu le Decree No. 78-381 of 20 March 1978 amended on conciliators of justice;
Vu le Decree No. 92-755 of 31 July 1992 Amending new rules on civil enforcement procedures for the application of the Act No. 91-650 of 9 July 1991 reforming civil enforcement procedures, including articles 13 and 14;
The State Council (inland section) heard,
Decrete:
Book I of the Civil Procedure Code is amended as follows:
1° Articles 127 to 129 are grouped in Chapter I entitled "General Provisions";
2° Section 128 is supplemented by the words: "and in accordance with the terms it sets. » ;
3° It is inserted after chapter I of title VI, a chapter II and a chapter III comprising articles 129-1 to 131, as follows:
“Chapter II
“The conciliation delegated to a conciliator of justice
"Art. 129-1.-Where the judge, under a particular provision, delegates his conciliation mission, designates a conciliator of justice for that purpose, fixes the duration of his mission and indicates the date on which the case will be recalled. The initial duration of the mission cannot exceed two months. It can be renewed.
"Art. 129-2.-To proceed with the conciliation attempt, the conciliator of justice shall, as necessary, summon the parties to the place, day and time that he determines.
"The parties may be assisted before the conciliator of justice by a person who is qualified to do so before the court that has delegated conciliation.
"Art. 129-3.-The conciliator of justice may, with the agreement of the parties, go to the place and hear any person whose hearing appears to him useful, subject to the acceptance of the hearing.
"The findings of the conciliator and the statements it collects cannot be produced or invoked as a result of the proceedings without the consent of the parties or, in any event, in another proceeding.
"Art. 129-4.-The conciliator of justice shall keep the judge informed of the difficulties he encountered in carrying out his mission, as well as the success or failure of conciliation.
"The judge may terminate at any time the conciliation, at the request of a party or at the initiative of the conciliator. It can also be terminated on an ex officio basis when the smooth conduct of conciliation appears to be compromised. The clerk shall notify the conciliator and the parties.
"Art. 129-5.-The decisions taken by the judge in the context of the delegation of the conciliation mission are measures of judicial administration.
“Chapter III
"The act of conciliation
"Art. 130.-The contents of the agreement, even partial, shall be recorded, as the case may be, in a record signed by the parties and the judge or in a statement signed by the parties and the conciliator of justice.
"Art. 131.- Excerpts from the minutes issued by the judge may be issued. They're worth an enforceable title.
"The parties may submit to the judge the finding of agreement established by the conciliator of justice. The registration is a matter of grace. » ;
4° It is inserted after 171, an article 171-1, as follows:
"Art. 171-1.-The judge responsible for carrying out an instruction or controlling the execution of an instruction can see the conciliation, even partial, of the parties. »
The code of the judicial organization is amended as follows:
1° It is inserted in subsection 2 of chapter II, section 1, title I, of Book III, an article R. 312-13-1, as follows:
"Art.R. 312-13-1.-The first president shall designate an adviser to monitor the activity of the conciliators of justice and mediators and coordinate their action within the jurisdiction of the Court of Appeal.
"This magistrate prepares an annual report on the activity of the judicial conciliators and mediators of the jurisdiction of the Court of Appeal, which he transmits to the first president of the Court of Appeal and to the presidents of the Courts of Grand Instance.
"The first president of the Court of Appeal communicates this report to the security guard, Minister of Justice. » ;
2° The quarto of section R. 312-42 is supplemented by the following provisions:
“(f) The adviser responsible for monitoring the activity of the justice and mediators and coordinating their action within the jurisdiction of the Court of Appeal. »
The above-mentioned decree of 20 March 1978 is thus amended:
1° The second paragraph of section 1 shall be replaced by the following provisions:
"They may also proceed to conciliation attempts under the law, except in the case of divorce and separation of bodies. In this case, the attempt to conciliation is made under the conditions and procedure provided for in articles 128 to 131 of the Code of Civil Procedure. » ;
2° Section 5 is replaced by the following provision:
"Art. 5.-The conciliator of justice is seized without form by any natural or legal person. » ;
3° Article 6 is supplemented by a paragraph to read:
"The conciliator of justice, with the agreement of the parties, may join the assistance of another court-appointed justice conciliator. At the meeting of the parties, legal conciliators may exchange information on the applications before them. The act recognizing the agreement of the parties is signed by the two conciliators of justice. » ;
4° Section 7 is replaced by the following:
"Art. 7.-The conciliator of justice may, with the agreement of the persons concerned, go to the place and hear all persons whose hearing appears useful, subject to the acceptance of them. » ;
5° Section 9 is replaced by the following:
"Art. 9.-In the event of conciliation, even partial, a finding of agreement signed by the parties and the conciliator of justice may be established. Conciliation may also be recorded in a statement signed by the conciliator and one or more of the persons concerned when one or more of them formalized the terms of the agreement to which they consent in an act signed by them and established outside the presence of the conciliator of justice. In this case, the conciliator is responsible for the purpose of targeting the act of the persons concerned in the statement and attaching it to it.
"The drafting of a finding is mandatory when conciliation has the effect of waiving a right.
“A copy of the statement is given to each individual. A copy is filed by the conciliator of justice, without delay, at the court of proceedings referred to in section 4.
"Unless a party opposes it in the act recognizing its agreement, the judge of proceeding, seized on request, may confer binding force on the finding of agreement. » ;
6° It is inserted, after Article 9 ter, an article 9 quater, as follows:
"Art. 9 quater.-This decree is applicable in the Wallis and Futuna Islands. »
The Code of Civil Procedure is amended in accordance with Articles 5 to 9 of this Decree.
Sub-section I of Chapter I of Title XIV of Book I is amended as follows:
1° Articles 430 to 446 are grouped in paragraph 1 entitled "General Provisions";
2° It is inserted after paragraph 1 as follows:
“Paragraph 2
“Special provisions for oral proceedings
"Art. 446-1.-The parties present their claims and the means to support them orally at the hearing. They may also refer to the claims and means that they have formulated in writing. The submissions of the parties shall be recorded in the record or recorded in a record.
"When a particular provision provides, the parties may be allowed to make their claims and their means in writing without appearing at the hearing. The judgment rendered in these conditions is contradictory. Nevertheless, the judge always has the power to order the parties to appear before him.
"Art. 446-2.-When the proceedings are referred to a subsequent hearing, the judge may arrange the exchanges between the comparing parties. If the parties agree, the judge may set the deadlines and conditions for communication of their claims, means and evidence.
"When the parties make their claims and means in writing, the judge may, with their agreement, provide that they will be deemed to have abandoned the claims and means not reproduced in their last written submissions.
"If the parties fail to comply with the communication procedures established by the judge, the judge may recall the case at the hearing, with a view to judging or deleting it.
"The judge may deviate from the debate the claims, means and documents communicated without legitimate reason after the date fixed for the exchanges and whose lateness infringes the rights of the defence.
"Art. 446-3.-The judge may, at any time, invite the parties to provide the factual and legal explanations that he considers necessary for the solution of the dispute and shall continue to produce within the time limit that he or she determines all the documents or justifications to enlighten him, for failing which he may override and rule by drawing any consequence of the party's abstention or refusal.
"When the exchanges take place outside a hearing under section 446-2, the parties are notified by any means of the application made by the judge.
"Art. 446-4.-The date of claims and means of a party regularly presented in writing is the date of their communication between parties. »
Subtitle I of Book II is amended to read:
1° Article 829 reads as follows:
"Art. 829.-The application for justice shall be filed by summons at the end of conciliation and, if not, by judgment, except the applicant's ability to provoke a conciliation attempt.
"The application may also be filed either by a joint request to the Registry or by the voluntary presentation of the parties to the judge, or, in the case provided for in section 843, by a statement to the Registry. » ;
2° Chapters I to IV are replaced by the following:
« Chapter I
“The preliminary attempt at conciliation
"Art. 830.-The application for the purpose of a preliminary conciliation attempt shall be made by declaration made, handed over or addressed to the Registry.
"The applicant shall indicate the names, names, professions and addresses of the parties and the subject matter of his claim.
"The applicant who opposes that conciliation is delegated to a conciliator of justice shall report it in his statement.
"The limitation and time limits for action are interrupted by the registration of the application.
“Section I
“The conciliation delegated to a conciliator of justice
"Art. 831.-In the absence of opposition from the plaintiff in his statement, the judge may delegate to a conciliator of justice the preliminary attempt to conciliation.
"The Registrar shall notify the respondent by registered letter with a request for notice of receipt of the decision of the judge and the faculty that is open to him to refuse the delegation. The notice specifies the name, first name, occupation and address of the applicant and the subject matter of the application.
"The defendant may refuse the delegation of the attempt to conciliate. The refusal shall be expressed by statement made, delivered or addressed to the Registry within eight days of the notification made to the Registrar of the decision of the judge. In this case, the judge himself makes an attempt to conciliate.
"Art. 832.-If the respondent fails to refuse the delegation within the period provided for in Article 831, the plaintiff and the conciliator of justice shall be notified by any means of the judge's decision. A copy of the application is sent to the conciliator.
"The conciliator of justice proceeds to the conciliation attempt as stated in articles 129-2 to 129-4, 130 and 131. At his request, his mission may be renewed without the need to obtain the agreement of the parties.
"In the event of a failure of the conciliation attempt, the conciliator of justice informs the judge of this by specifying the date of the meeting after which he found this failure.
"Art. 832-1.-The notices sent to the parties by the Clerk state that each party may appear before the conciliator with a person who is qualified to attend the judge.
"The parties are further advised that, pursuant to articles 833 and 836, the provisions of which are reproduced, the jurisdiction may be seized for the purposes of their approval or for the purposes of judgment in the event of a failure of conciliation.
"Art. 833.-The application for approval of the finding of agreement made by the parties shall be forwarded to the judge by the conciliator. A copy of the statement is attached.
“Section II
“The conciliation carried out by the judge
"Art. 834.-When the judge himself proceeds to the preliminary conciliation attempt, the court shall notify the applicant by any means of the place, day and time to which the conciliation hearing will take place.
"The defendant is summoned by simple letter. The summons mentions the names, names, profession and address of the applicant and the subject matter of the application.
"The notice and summons state that each party may be assisted by one of the persons listed in section 828.
"Art. 835.-If there is no conciliation, the case may be immediately tried if the parties consent to it. In this case, the voluntary presentation shall be carried out.
"In the opposite case, the comparing parties are advised that the court may be seized for the purposes of judgment of the application, pursuant to article 836, the provisions of which are reproduced.
“Section III
"Request for judgment
in case of failure of conciliation
"Art. 836.-In the event of a total or partial failure of the preliminary conciliation attempt, the applicant may appeal to the court for the purposes of judgment of all or part of his initial claims.
"The referral of the jurisdiction shall be made in accordance with the terms provided for in Article 829.
"The application that does not fall within the scope of section 843 may also be made by declaration to the Registry when it is formed within the month following the meeting or hearing after which the failure of the conciliation attempt was found. However, in this case, the court may refer the applicant to be better able, if it appears that the case does not fall within its jurisdiction, or otherwise, if the statement is late or does not mention its legal basis. This decision is a measure of judicial administration that can be taken by simple mention on file.
“Chapter II
“The procedure for judgment
“Section I
"The introduction of the proceeding
"Subsection I
"The referral by subpoena for all purposes
"Art. 837.-The summons shall contain, barely null and void, in addition to the words prescribed in Article 56:
« 1° The place, day and time of the hearing to which conciliation will be attempted if it has not been, and, where applicable, the case tried;
« 2° If the applicant resides abroad, the name, first name and address of the person to whom he elects domicile in France.
"The introductive act of proceeding further recalls the provisions of section 847-2 and mentions the conditions under which the defendant may be assisted or represented, and, where appropriate, the name of the applicant's representative.
"The assignment is accompanied by the documents listed in the annexed border.
"Art. 838.-The summons must be issued at least 15 days before the date of the hearing.
"Art. 839.-The judge shall, at the diligence of either party, receive a copy of the summons from the court.
"This rebate must take place no later than eight days before the date of the hearing, under penalty of disqualification of the summons by order of the judge, or, if not, at the request of a party.
"Art. 840.-In the event of an emergency, the time limits for appearance and surrender of the summons may be reduced by permission of the judge.
“Subsection II
“Joint request and voluntary submission of parties
"Art. 841.-The parties may set out their claims by joint request. They may also voluntarily appear before the judge to try them.
"Art. 842.-The judge is seized either by the handover of the joint motion or by the signature of a record stating that the parties voluntarily submit to try their claims.
"The minutes contain the references provided for in section 57.
"When the parties have submitted their dispute to a conciliator of justice without reaching agreement, their joint request may also be forwarded to the Registry at their request by the conciliator.
“Subsection III
"The statement to the Registry
"Art. 843.-Where the amount of the application does not exceed 4,000 euros, the jurisdiction may be seized by a statement made, delivered or addressed to the Registry, where it is registered. Limitation and deadlines for action are interrupted by the registration of the declaration.
"In addition to the statements prescribed by section 58, the statement must contain, as a matter of nullity, a summary statement of the reasons for the application. The documents that the applicant wishes to invoke in support of his claims are attached to his statement in as many copies as persons whose summons is requested.
"Art. 844.-The Registrar shall summon the parties to the hearing by registered letter with a request for notice of receipt. He addresses the same day copy of this summons by simple letter. The applicant may also be summoned verbally against demarcation.
"In addition to the mentions prescribed by Article 665-1, the summons to the respondent recalls the provisions of Article 847-2 and includes in the annex a copy of the statement and the attachments to it. This summons is worth a quote.
“Section II
"The proceedings of the proceeding
"Subsection I
« Conciliation
"Art. 845.-The judge endeavours to reconcile the parties.
"The judge may also, at any time of the proceedings, invite the parties to meet with a court conciliator at the place, day and time it determines. The parties are advised, as the case may be, in the summons at the hearing or by a simple letter. The notice indicates the date of the hearing to which the case will be examined so that the judge finds conciliation or resolves the dispute. The invitation may also be made by the judge at the hearing.
“Subsection II
“The debates
"Art. 846.-The procedure is oral.
"Art. 847.-If there is no conciliation at the hearing, the case is immediately tried or, if it is not in a state of being, referred to a subsequent hearing. In this case, the Clerk shall notify the parties that would not have been verbally notified of the date of the hearing.
"Art. 847-1.-The judge who organizes the exchanges between the comparing parties may, in accordance with the second paragraph of Article 446-1, exempt a party from the request to attend a subsequent hearing. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers and it is justified in the court within the time allowed by the judge.
"Art. 847-2.-Without prejudice to the provisions of Article 68, the incidental request for the granting of a payment period pursuant to theArticle 1244-1 of the Civil Code may be trained by mail delivered or sent to the Registry. The documents that the party wishes to invoke in support of its application are attached to its mail. The application shall be communicated to the other parties, at the hearing, by the judge, except for the judge's ability to notify them by the clerk, together with the attachments, by registered letter with a request for notice of receipt.
"The author of this incident request may not appear at the hearing in accordance with the second paragraph of section 446-1. In this case, the judge is only entitled to applications against this party if he considers them to be fair, admissible and well-founded.
"Art. 847-3. -The resumption of the proceeding after a suspension takes place on the notice given to the parties by the Registrar, by any means. » ;
3° Chapter V becomes sub-section III of chapter II, section II.
Chapter I of Book II title III is amended as follows:
1° The fourth paragraph of section 855 is replaced by the following paragraph:
"The introductive notice of proceeding further refers to the conditions under which the defendant may be assisted or represent, where appropriate, the name of the applicant's representative and the provisions of section 861-2. » ;
2° Section II is amended as follows:
(a) Sub-section II is removed and sub-section I becomes sub-section II;
(b) Section 861 is replaced by the following:
"Subsection I
“General provisions
"Art. 860-1.-The procedure is oral.
"Art. 860-2.-If a conciliation between the parties appears feasible, the formation of judgment may, with the agreement of the parties, designate a conciliator of justice for that purpose. This designation may take the form of a simple mention on file.
"Art. 861.-In the absence of conciliation, if the case is not in a position to be tried, the formation of judgment refers to a next hearing or entrusts to one of its members the care of instructing it as a rapporteur's judge.
"Unless the case is tried at the first hearing, the Registrar shall notify the parties who would not have been verbally notified of the date of the subsequent hearings.
"Art. 861-1.-The training of judgment that organizes the exchanges between the comparing parties may, in accordance with the second paragraph of Article 446-1, exempt a party from the request to attend a subsequent hearing. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers, and it is justified in the court within the time it provides.
"Art. 861-2.-Without prejudice to the provisions of section 68, the incidental request for the granting of a payment period under the terms of section 68Article 1244-1 of the Civil Code may be made by statement made, delivered or addressed to the Registry, where it is registered. The applicant must justify prior to the hearing that the opponent was aware of it by registered letter with a request for notice of receipt. The documents that the party invokes in support of its claim for payment period are attached to the declaration.
"The author of this incident request may not appear at the hearing in accordance with the second paragraph of section 446-1. In this case, the judge is only entitled to applications against this party if he considers them to be fair, admissible and well-founded. » ;
(c) It is inserted in subsection II before section 862, an article 861-3, as follows:
"Art. 861-3.-The rapporteur's judge shall, if any, organize the exchanges between the parties appearing under the conditions and under the sanctions provided for in Article 446-2.
"It may exempt a party from appearing at a later hearing under the conditions set out in section 861-1. » ;
(d) Sections 862 and 863 are replaced by the following provisions:
"Art. 862.-The rapporteur judge may hear the parties.
"It has the powers of rehabilitation provided for in section 446-3.
"Art. 863.-The rapporteur's judge finds the conciliation, even partial, of the parties.
"It may also designate a conciliator of justice under the conditions set out in section 860-2. » ;
(e) The third paragraph of Article 865 is supplemented by the following provisions: "and requests made under Article 700".
Chapter I of Book II title V is thus amended:
1° Section 883 is replaced by the following:
“Art. 883. - The parties have the power to be assisted or represented.
"However, at the time of the preliminary conciliation attempt, they are required to appear in person, except to be represented in case of legitimate reason. » ;
2° The first two paragraphs of section 885 are replaced by the following:
"The application is filed and the court seized by a statement made, delivered or addressed to the court office or by an act of judicial officer addressed to the court office.
"When filed by declaration at the office of the Registry, the application shall include the references prescribed in section 58. » ;
3° The second paragraph of section 887 is replaced by the following provisions:
"The court may, with the agreement of the parties, delegate the conciliation mission to a conciliator of justice designated for that purpose. » ;
4° The third paragraph of Article 888 is deleted;
5° Section 891 is replaced by the following provision:
"Art. 891. - The decisions of the parity court are notified to the parties themselves by the clerk by means of a recommended letter with a request for notice of receipt. » ;
6° Section 892 is replaced by the following provisions:
"Art. 892. - When the decisions of the parity court are subject to appeal, the court shall be trained, instructed and judged according to the procedure without mandatory representation. »
Section II of chapter I of subtitle I of title VI of Book II is amended as follows:
1° Section 939 is supplemented by a paragraph to read:
"The magistrate responsible for instructing the case organizes the exchanges between the comparing parties under the conditions and under the sanctions provided for in Article 446-2. » ;
2° The second paragraph of section 940 is replaced by the following provisions:
"It has the powers of rehabilitation provided for in section 446-3. » ;
3° The second paragraph of section 946 is replaced by the following provisions:
"The court or magistrate in charge of instructing the case that organizes the exchanges between the comparing parties may exempt a party who makes the request to appear at a hearing in accordance with the second paragraph of Article 446-1. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers and is justified with the court within the time it provides. » ;
The above-mentioned decree of 31 July 1992 is amended:
1° The second paragraph of section 13 is replaced by an article 13-1 as follows:
"Art. 13-1.-The judge who organizes the exchanges between the comparing parties may exempt a party who makes the request to attend a subsequent hearing in accordance with the second paragraph of Article 446-1 of the Code of Civil Procedure. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers and is justified with the court within the time it provides. » ;
2° The second and third paragraphs of Article 14 are replaced by the following:
"The party using this faculty may not appear at the hearing in accordance with the second paragraph of Article 446-1 of the Code of Civil Procedure. »
The Social Security Code is amended in accordance with Articles 12 to 14 of this Decree.
Section 4 of Chapter 2 of Title 4 of Book 1 is amended as follows:
1° Section R. 142-10 is supplemented by the following paragraph:
"The procedure for injunction to pay under section R. 142-27-1 may be delegated by order of the president of the Social Security Court to one or more court trial presidents. » ;
2° The eighth and ninth paragraphs of Article R. 142-20 are deleted;
3° It is inserted, after R. 142-20, articles R. 142-20-1 and R. 142-20-2 as follows:
"Art.R. 142-20-1.-The procedure is oral.
"Art.R. 142-20-2.-The presiding judge who organizes exchanges between the comparing parties may dispense a party who makes the request to attend a subsequent hearing, in accordance with the second paragraph of Article 446-1 of the Code of Civil Procedure. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers and it is justified in the court within the time limits of the President.
"In the course of a proceeding, any party may also set out its means by letter addressed to the court, provided that the opponent has been aware of it before the hearing by registered letter with a request for notice of receipt. The party using this faculty may not appear at the hearing in accordance with the second paragraph of Article 446-1 of the Civil Procedure Code. » ;
4° The first sentence of the first paragraph of article R. 142-21 is supplemented by the following provision:
", subject to the provisions of Article R. 142-20-2. » ;
5° After article R. 142-27, an article R. 142-27-1 was added as follows:
"Art.R. 142-27-1.-The recovery of a debt may be requested in accordance with the injunction procedure to pay when it results from unjustified care or indue benefit.
"The application is brought before the president of the court where the debtor remains. Any other judge declares himself ex officio incompetent.
“The procedure provided for in articles 1407 et seq. of the Code of Civil Procedure is applicable.
"The opposition is brought before the Social Security Court whose decision was rendered by the president. »
Section 2 of Chapter 3 of Title 4 of Book 1 is amended as follows:
1° The first sentence of Article R. 143-9-1 is supplemented by the following provisions:
", subject to the provisions of Article R. 143-10-1. » ;
2° Section R. 143-10 is replaced by the following provisions:
"The parties appear in person. » ;
3° It is inserted, after R. 143-10, an article R. 143-10-1 as follows:
"Art.R. 143-10-1.-The procedure is oral.
"The presiding judge who organizes the exchanges between the comparing parties may dispense a party who makes the request for a subsequent hearing, in accordance with the second paragraph of Article 446-1 of the Code of Civil Procedure. In this case, the communication between the parties is made by a registered letter with a request for notice of receipt or by notification between lawyers and it is justified in the court within the time limits of the President.
"In the course of a proceeding, any party may also set out its means by letter addressed to the court, provided that the opponent has been aware of it before the hearing by registered letter with a request for notice of receipt. The party using this faculty may not appear at the hearing in accordance with the second paragraph of Article 446-1 of the Civil Procedure Code. » ;
4° In sections R. 143-11 and R. 143-12 and in the first sentence of the first two paragraphs of article R. 143-13, the words: "The court" are replaced by the words: "The president of the formation of judgment".
Section 3 of Chapter 3 of Title 4 of Book 1 is amended as follows:
1° In subsection 2, an article R. 143-20-1 is inserted before section R. 143-21, which reads as follows:
"Art.R. 143-20-1.-The procedure before the National Court of Incapacity and Costing of Industrial Accident Insurance is governed by the provisions of Book I of the Civil Procedure Code subject to the provisions of this subsection. » ;
2° Article R. 143-25 is amended as follows:
(a) In the first paragraph, the words "selected to assist them" are replaced by the words "selected to represent or assist them. » ;
(b) In the second paragraph, after the words: "may present" are added the words: "by a memoir in response";
(c) The article is supplemented by a paragraph to read:
"The date of a party's claims is that of communication to the other parts of the memory that contains them. » ;
3° Article R. 143-26 is as follows:
"Art.R. 143-26.-The parties defend themselves. They are entitled to be assisted or represented by one of the persons referred to in Article L. 144-3.
“The procedure is oral, subject to the following reservations:
« 1° The parties who give the court a brief under the conditions laid down in Article R. 143-25 shall be exempt from appearing at the hearing in accordance with Article 446-1 of the Code of Civil Procedure;
« 2° The decisions of the chair of the section pursuant to R. 143-27 may be taken without a prior hearing, after having, in that case, collected the written submissions of the parties or invited them to make their submissions. » ;
4° Article R. 143-27 is amended as follows:
(a) It shall be inserted before the last preambular paragraph a paragraph to read:
"It may declare the appeal inadmissible and decide on this occasion any matter relating to the admissibility of the appeal. »
(b) The last paragraph is supplemented by the following provisions: "or declare the inadmissible appeal. » ;
5° Section R. 143-29 is replaced by the following:
"Art.R. 143-28-1.-The order to close the instruction shall be notified to each party. The notice of the closing order refers to the date of the hearing and recalls the provisions of the second and third paragraphs of Article R. 143-26 and the second paragraph of this Article.
"Possibly to the notification of this order, the parties who have used the ability to address a brief to the court are, unless legitimate reasons, inadmissible to present new claims or means or to communicate new documents.
"Art.R. 143-28-2.-In the absence of an instruction, the parties are convened at the hearing. The summons informs them of the possibility that they have to present oral observations there.
"Art.R. 143-29.-The notification under sections R. 143-28-1 and R. 143-28-2 shall be made by the Secretary General of the Court in the ordinary form at least fifteen days before the date of the hearing. They are quoted and recall the conditions of assistance and representation at the hearing.
"In the event that a hearing has not been held, the present party is verbally summoned to a new hearing with a file start and issued by the secretariat a bulletin indicating the date and time of the hearing. » ;
6° In article R. 143-29-1, after the first paragraph, two paragraphs are inserted:
"When the parties submit to the hearing any new claims or means, the court may, without prejudice to the application of the second paragraph of Article R. 143-29, retain the case if the parties are in a position to debate it contradictoryly, refer it to a subsequent hearing or, if necessary, entrust it to the section president by revoking, if any, the closing order.
"Unless the court takes up the case or declares the new evidence inadmissible, it shall be brought to the attention of the parties who have not appeared at the hearing at the diligence of the secretary general of the court. »
The Civil Procedure Code is thus amended:
1° The third paragraph of Article 462 is supplemented by a sentence as follows:
"However, when it is seized by request, it shall rule without a hearing unless it considers it necessary to hear the parties. » ;
2° Article 509-1 reads as follows:
"Art. 509-1. - Applications for the certification of the French executive titles for their recognition and enforcement abroad pursuant to Council Regulation (EC) No. 44/2001 of 22 December 2000 concerning the judicial competence, recognition and enforcement of decisions in civil and commercial matters, of Article 39 of Council Regulation (EC) No. 2201/2003 of 27 November 2003 relating to the jurisdiction, recognition and enforcement of decisions in matrimonial matters
"Requests for certification of French enforceable securities for recognition and enforcement abroad pursuant to sections 41 and 42 of Council Regulation (EC) No 2201/2003 of 27 November 2003 are submitted to the judge who has rendered the decision or approved the convention. They're dispensed from the attorney's department. » ;
3° The first paragraph of section 509-2 is as follows:
"Art. 509-2. - Applications for the recognition or recognition of the enforceable force, in the territory of the Republic, of foreign enforceable securities, pursuant to Council Regulation (EC) No. 44/2001 of 22 December 2000 concerning the judicial competence, recognition and enforcement of decisions in civil and commercial matters and the Convention concerning the Jurisdiction, Recognition and Enforcement of Decisions in Civil and Commercial Matters, made in Lugano on 30 October 2007, » ;
4° The first two paragraphs of section 509-3 are as follows:
"Art. 509-3. - By derogation from sections 509-1 and 509-2, requests for the certification, recognition or recognition of the enforceable force of the notarial acts pursuant to the above-mentioned regulation of 22 December 2000 and the above-mentioned agreement of 30 October 2007 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 or agreement, the election of domicile is made within the jurisdiction of the court of appeal where the notary's room is located. » ;
5° The first paragraph of section 1026 is replaced by the following provisions:
"The discontinuation is found by order of the first president, his delegate or the chair of the chamber to which the case was distributed. The magistrate who finds the discontinuance, if any, shall rule on requests based on section 700. » ;
6° Section 36 of the Schedule to the Code of Civil Procedure for its application in the departments of Bas-Rhin, Upper-Rhin and Moselle is replaced by the following provisions:
“Art. 36. - The court of proceedings may be brought before it either in accordance with the provisions of chapters I and II of subtitle I of Book II of the Code of Civil Procedure, either in contentious or gracious matters, by declaration made, delivered or addressed to the Registry, where it is registered.
"In the second case, the provisions of the second paragraph of Article 843 and Article 844 of the Code of Civil Procedure are applicable. »
A lArticle R. 142-1 of the Consumer Code, the reference to Articles 847-1 and 847-2 of the Civil Procedure Code is replaced by the reference to sections 843 and 844 of that code.
This Decree shall enter into force on the first day of the second month following that of its publication. It is applicable to current procedures, subject to the following provisions:
1° The provisions of Articles 830 to 836 of the Code of Civil Procedure relating to the preliminary attempt to conciliation, as amended by this Decree, are applicable only to the proceedings introduced after the date of its entry into force;
2° The provisions of Article 15, 1°, shall apply only to correctional proceedings which have not yet given rise to the summons of the parties to the hearing.
I. ― The provisions of Articles 1st, 3 to 7, 9, 10, 15 and 17 of this Decree, which amend the Code of Civil Procedure, Decree of 20 March 1978 and Decree of 31 July 1992 are applicable in the Wallis and Futuna Islands.
II. - The provisions of Article 2 of this Decree, which amend the Code of Judicial Organization, are applicable in New Caledonia, French Polynesia, French Southern and Antarctic Lands and in the Wallis and Futuna Islands.
The Minister of State, Minister of Justice and Freedoms, Minister of the Interior, Overseas and Territorial Communities, Minister of Labour, Solidarity and Public Service, Minister of Health and Sports and Minister of Food, Agriculture and Fisheries are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Gazette of the French Republic.
Done in Paris, October 1, 2010.
François Fillon
By the Prime Minister:
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
