Key Benefits:
Public officials concerned: magistrates, chief clerks, clerks of the courts of large instance, judicial officers, lawyers and individuals.
Subject: extension to the Court of Grand Instance of the Injunction Procedure to Pay, Establishment and Electronic Signature of the Judgment, Procedures for Communication to the Public Prosecutor's Office of the Appeal for Review, Transfer of Jurisdiction to the Court of Grand Instance of Customs Disputes and Regrouping of Disputes.
Entry into force: the text comes into force on the day after its publication, except articles 1 to 6, 10 to 14, 15 and 17 which come into force on 1 January 2013.
Notice: the Act No. 2011-1862 of 13 December 2011 relating to the distribution of litigation and the relief of certain jurisdictional proceedings has extended to the High Court the procedure for injunction to pay that exists before the Court of Instance, the Court of Community and the President of the Commercial Court. The decree adopts the necessary regulatory measures to implement this extension.
The Act of 13 December 2011 also transferred all customs litigation to the High Court and carried out various litigation groups. The decree proceeds with the necessary modifications and coordination of the code of the judicial organization.
It also introduces the possibility of establishing the judgment electronically and in this case provides for its signature through a secure electronic process. It is referred to a ministerial order to determine the terms and conditions of application of this device.
The terms and conditions of communication to the Public Prosecutor's Office for review are amended. It is now anticipated that, when the appeal for review is filed by summons, this communication is carried out not by the judge, but by the applicant, who will have to denounce this summons to the Public Prosecutor's Office, just as unreceivable.
References: the provisions of the Code of Civil Procedure, the Code of Judicial Organization and Social Security Code Amended by this decree may be consulted, in their version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le Civil codearticles 1316-4 and 1317;
Vu le Customs Code ;
Considering the code of the judicial organization;
Considering the Civil Procedure Code;
Vu le Social Security Code ;
Vu la Act No. 71-1130 of 31 December 1971 amended to reform certain legal and judicial professions, including article 4;
Vu la Act No. 2011-1862 of 13 December 2011 relating to the distribution of litigation and the relief of certain jurisdictional procedures, including Articles 4, 8 to 11 and 70;
Vu le Decree No. 2001-272 of 30 March 2001 taken for application ofArticle 1316-4 of the Civil Code and relating to electronic signature;
Vu le Decree No. 2010-434 of 29 April 2010 on electronic communication in civil proceedings;
Considering the advice of the Central Technical Committee for Judicial Services dated 13 November and 12 December 2012;
The State Council (inland section) heard,
Decrete:
The Civil Procedure Code is amended in accordance with Articles 2 to 9.
The first paragraph of section 1406 is replaced by the following provisions:
"The application shall, as the case may be, be brought before the court of proceedings, the court of proximity or before the president of the court of large instance or the court of commerce, within the limits of the jurisdiction to award these jurisdictions. »
Section 1415 is replaced by the following provisions:
"Art. 1415.-The opposition shall, as the case may be, be brought to the jurisdiction of which the judge or the president has rendered the order in which to pay.
"It is formed at the office, by the debtor or any agent, either by declaration against receipt or by registered letter.
"The agent, if he is not a lawyer, must justify a special power. »
Section 1418 is amended as follows:
1° The first paragraph is replaced by the following:
"Before the court of proceedings, the court of proximity and the court of commerce, the clerk summons the parties to the hearing by registered letter with a request for notice of receipt. »
2° The article is supplemented by the following paragraphs:
"Before the High Court, the case is investigated and tried in accordance with the litigation procedure applicable to this jurisdiction, subject to the following provisions.
"The Registry shall send a copy of the statement of objection to the creditor by registered letter with a request for notice of receipt. This notification is regularly made to the address indicated by the creditor during the filing of the request for injunction to pay. In the event of a return to the Registry of the unsigned notice of receipt, the date of notification is, in respect of the recipient, that of the submission and the notification is deemed to be made at home or at home.
"The creditor must be a lawyer within fifteen days of the notification.
"As soon as it is established, the creditor's lawyer informs the debtor by registered letter with a request for notice of receipt, indicating that he is required to be a lawyer within fifteen days.
"A copy of the acts of incorporation is delivered to the Registry. »
Section 1419 is replaced by the following:
"Art. 1419.-Before the court of proceedings, the court of proximity and the court of commerce, the court finds that the proceedings are discontinued if none of the parties appear.
"Before the High Court, the President notes the termination of the proceedings if the creditor is not a lawyer within the time limit provided for in Article 1418.
"The termination of the proceeding renders the order unfavourable to pay. »
The first paragraph of Article 46 of the annex to the code relating to its application in the departments of Lower Rhine, Upper Rhine and Moselle is repealed.
Section 456 is replaced by the following:
"Art. 456.-The judgment may be made in paper or electronic form. It is signed by the president and the clerk. In the event of the President's incapacitation, mention is made on the minute that is signed by one of the judges who deliberated.
"When the judgment is established electronically, the processes used must ensure its integrity and conservation. The electronic judgment is signed by means of a secure electronic signature process that meets the requirements of the Decree No. 2001-272 of 30 March 2001 taken for application ofArticle 1316-4 of the Civil Code and related to electronic signature.
"The terms and conditions of application of this section are specified by Seal Guard Order, Minister of Justice. »
Section 600 is supplemented by the following paragraph:
"When the appeal for review is filed by a summons, this communication is made by the applicant, who is only in a position to be inadmissible, to denounce this summons to the Public Prosecutor's Office. »
In the first paragraph of section 1541, the words: "instance" are deleted.
The legal organization code is amended in accordance with sections 11 to 14.
In article R. 211-4, it is added a 14° as follows:
« 14° Disputes concerning the payment, guarantee or refund of claims of any kind recovered by the customs administration and other customs matters, in the cases and conditions provided for in the Customs Code. »
It is inserted after article R. 213-5-1 an article R. 213-5-2 as follows:
"Art. R. 213-5-2. - The President of the High Court shall know actions and requests in the cases and conditions provided for in the Customs Code. »
Section R. 221-18 is repealed.
I. ― At 1° of article R. 221-15, the words "at hotels or homes" are deleted.
II. ― Section R. 221-21 is repealed.
III. ― R. 221-35 is repealed and the reference: "R. 221-35" is deleted from R. 221-48.
The third paragraph of Article R. 142-27-1 of the Social Security Code is replaced by the following:
“The procedure is governed by the Articles 1407 et seq. of the Civil Procedure Code, with the exception of the provisions specific to the procedure applicable to the High Court. »
In the second paragraph of Article R. 143-29-1 of the same code, the reference to Article R. 143-29 is replaced by the reference to Article R. 143-28-1.
It is added to Decree No. 2010-434 of 29 April 2010 an article 1 (1) on electronic communication in civil proceedings, which reads as follows:
"Art. 1-1.-Vaut signature, for the application of the provisions of the Code of Civil Procedure to the acts that the Public Prosecutor may issue on the occasion of the procedures with mandatory representation before the appeals courses, the identification made, at the time of electronic transmission, in accordance with the terms prescribed by the ministerial order made pursuant to theArticle 748-6 of the Civil Procedure Code. »
Articles 7 and 8 of this decree apply to Wallis-et-Futuna.
Articles 1 to 6, 10 to 14, 15 and 17 of this Decree come into force on 1 January 2013.
The guard of the seals, Minister of Justice, and the Minister of the Overseas are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Overseas,
Victorin Lurel