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Who are we? Fight the Fake. Their report is subject to the same standard of proof as the other evidence disclosed by the party. Role of experts An expert does not represent the interests of one party, but is appointed to provide independent advice to the court.
The mission of experts is defined and detailed by the judge on a case-by-case basis. The expert must give his or her opinion on the points he or she has been appointed to examine. He or she must never express an opinion on a point of law. The expert must comply with the agreed time limits.
The expert can request the parties or third parties to submit any documents. Where there is difficulty in obtaining such documents, the expert can request that the judge issue an order for the submission of documents. The mission of extra-judicial experts is defined by the party who appointed them. Right of reply After receipt of the parties' written statements, documented evidence and oral observations, the expert must submit his or her completed report to the judge and to the parties.
Under certain conditions, the parties can challenge the expert's report, including by:. Providing a report from another expert of their choice. Requesting the appointment of a new court expert. Fees The judge fixes the amount of an advance on costs in the order appointing the expert. The fees are generally advanced by the claimant. After the filing of the expert's report, the judge will determine the expert's fees taking into account the following factors:.
Steps taken. The judicial expert must file an assessment of his remuneration with his report. The judge decides which party will bear the expert's final fees in the ruling on the merits that follows the expertise proceedings. Appeals What are the rules concerning appeals of first instance judgments in large commercial disputes? Which courts A decision of a main first instance civil court tribunal de grande instance or a commercial court tribunal de commerce can be challenged before a court of appeal cour d'appel.
An appeal must be lodged before the court of appeal located in the jurisdiction where the dispute was decided ressort. However, it is only possible to lodge an appeal if the claim is for an amount less than EUR4, taux de ressort.
To lodge an appeal, no permission is requested. However, the appellant must:. Have been a party to the first instance proceedings Article , CCP. Have an interest, that is, be prejudiced by the first instance judgment.
Absence of renunciation to its right of appeal, for example, by enforcing a non-enforceable judgment without reservations Article to , CCP. The right to appeal decisions of the commercial courts ensures that professional judges decide on the dispute initially ruled on by non-professional judges.
An appeal has a suspensive effect, unless the appealed judgment is subject to provisional enforceability. Court of appeal decisions can be challenged before the Court of Cassation on points of law only. Grounds for appeal Under French law, parties have the right to a second hearing. A first instance decision can be challenged before a court of appeal in respect of both factual and legal findings. Time limit In civil and commercial cases, the parties have one month from the notification of the judgment to lodge an appeal.
The time limit for an application to the Court of Cassation to set aside a court of appeal decision is two months from the date of service of the court of appeal decision.
These time limits are extended by one month when the notified party is domiciled outside mainland France including Corsica , and by two months when the notified party is abroad.
Class actions Are there any mechanisms available for collective redress or class actions? French law provides for several class actions mechanisms in limited areas, which are:. Consumer protection. This type of action is referred to as a group action action de groupe.
Group actions were introduced in France by Law No. Class actions were initially only possible in consumer and competition-related matters. Group actions were extended to health and product liability by Law No.
French group actions are based on an opt-in system. Both individuals and associations can apply to opt in. A group action can be brought before the courts when several persons placed in a similar situation suffer damage caused by the same person, as a consequence of a breach of its legal or contractual obligations.
Group actions can only be exercised by associations that have been registered or duly declared for at least five years, and whose statutory purpose involves the defence of interests that have been infringed. Group actions are funded by the association filing the claim. Subject to the means-tested requirements , legal aid from the State can apply to class actions. Legal rules do not provide specific provisions for third-party funding in class actions. Class action proceedings consist of the three following stages:.
The competent judge assesses the liability of the defendant, based on the facts and on the testimonies of the persons presented by the association.
After ruling that the action is admissible, the judge defines the group of persons affected and the publication methods to advertise the action. At this stage, individuals have the opportunity to opt in the class action. The judge sets the quantum and nature of damages payable by the defendant to each member of the class action.
A total of 18 group actions have been filed in France since their introduction into French law. To date, three actions have been rejected and two have led to a settlement. The first French class action, brought in October against Foncia, a property management company, was rejected by a judgment issued on 14 May The claimants argued that Foncia had illegally charged its lessees for sending them monthly rent payments receipts.
The main first instance civil court of Nanterre ruled that residential leases did not fall within the scope of the Consumer Code and therefore a class action could not be admissible in this case. Costs Does the unsuccessful party have to pay the successful party's costs and how does the court usually calculate any costs award? What factors does the court consider when awarding costs? However, the judge can decide that the successful party will pay the whole or any part of the legal costs Article , CCP.
Legal costs correspond to costs incurred during the proceedings and the enforcement of the decision including court fees, translation fees and expert's fees Article , CCP. In all proceedings, the judge will determine this costs award on the basis of the expenses actually incurred, but not included in the legal costs for example, lawyers' fees. When awarding costs, the judge can take into consideration the rules of equity and the financial condition of the parties.
Is interest awarded on costs? If yes, how is it calculated? Statutory interest applies to any sum owed by a person as a result of a court decision. Interest runs from the date of the decision and is calculated on both the amount awarded in the judgment and the legal costs.
The calculation of interest varies according to the:. Conditions set out in the judgment. Date of actual payment of the amount due. The applicable interest rate called simple interest rate applies if the payment is made within two months following the day the decision became enforceable. Otherwise, this rate is increased by five points on top of the simple interest rate.
Different rates also apply depending on whether the party is an individual or a corporate entity. Enforcement of a local judgment What are the procedures to enforce a judgment given by the courts in your jurisdiction in the local courts?
To become enforceable in France, a judgment must be notified both to the unsuccessful party and its lawyers for rulings issued by the main first instance civil courts tribunaux de grande instance and the courts of appeal cours d'appel.
In practice, the court's decision is served by a bailiff on the unsuccessful party. Therefore, generally, a local court judgment will be enforceable at the expiry of the time limit for the appeal, when no appeal is filed. The provisional enforcement is automatic for specific judgments or claims for example, decisions in emergency interim proceedings Article , CCP.
Otherwise, the local court, of its own motion or on application by the parties, can decide whether or not to grant it Article , CCP. Cross-border litigation Do local courts respect the choice of governing law in a contract? If yes, are there any national laws or rules that may modify or restrict the application of the law chosen by the parties in their contract?
What are the rules for determining what law will apply to non-contractual claims? Contractual choice of law There are two main legal instruments regulating the law applicable to a contract:.
The principle set out in those instruments is that the parties are free to choose the law applicable to their contract. In the absence of a parties' choice, the contract will be governed by the law of the country with which it is most closely connected. However, there are limitations on the parties' choice of law:. Where all other elements relevant to the situation at the time of the parties' choice are located in a country other than the country whose law has been chosen, the parties' choice will not prejudice the application of the mandatory provisions of the law of that other country Article 3 3 , Rome Convention; Article 3 3 , Rome I.
Specific rules apply to individual employment contracts, consumer contracts and insurance contracts Rome I. Overriding mandatory provisions lois de police of the forum where the dispute is being heard may apply irrespective of the law that would otherwise be applicable.
Overriding mandatory provisions are provisions "the respect for which is regarded as crucial by a country for safeguarding its public interest, such as its political, social and economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable" Article 9 1 , Rome I.
The application of the law chosen by the parties can be refused if it is manifestly incompatible with the public policy provisions ordre public of the forum Article 16, Rome Convention; Article 21, Rome I.
In France, case law gives a few examples of overriding mandatory provisions, including:. The prohibition of clauses allowing unilateral modification of a contract. The prohibition of corruption to obtain a contract. The principle of equality between creditors during an insolvency procedure. The French courts will refuse to apply contractual terms that violate these rules as they are deemed contrary to the French international public order. The choice of law is also taken into account Article 14, Rome II.
The law appointed may also be inapplicable because of overriding mandatory provisions or public policy provisions. Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction?
International disputes Choice of jurisdiction clauses are in principle lawful, provided that they do not detract from the mandatory territorial jurisdiction of a French court. However, derogation from the jurisdiction of the French courts is excluded in the following matters:. Personal status. The Recast Brussels Regulation applies to legal proceedings instituted, authentic instruments formally drawn up or registered, and court settlements approved or concluded, on or after 10 January Under the Brussels Regulation, if the parties, one or more of whom is domiciled in the EU, have agreed that a court of a member state has jurisdiction to settle any disputes which have arisen, or which may arise, in connection with a particular legal relationship, that court or those courts will have exclusive jurisdiction.
The Recast Brussels Regulation introduced an important change. It gives jurisdiction to the chosen court of a member state regardless of the parties' place of domicile, which may be located outside the EU. Both instruments contain provisions limiting the parties' choice of jurisdiction, which include:. Rules of exclusive jurisdiction in disputes relating to immovable property or tenancies, the validity of the constitution, the nullity or the dissolution of companies and the registration or validity of IP rights.
Specific provisions regarding insurance, consumer and employment contracts. Additionally, if a jurisdiction agreement designates the courts of an EU member state, this jurisdiction is exclusive unless the agreement is null and void as to its substantive validity under the law of that member state Article 25, Recast Brussels Regulation. If a party wishes to serve foreign proceedings on a party in your jurisdiction, what is the procedure to effect service in your jurisdiction?
Is your jurisdiction a party to any international agreements affecting this process? The applicable provisions depend on the location of the foreign court, as follows:. The foreign court is located in the EU. This Regulation provides for a simplified route through the establishment of transmitting and receiving agencies in each of the member states.
The Hague Service Convention provides for the channels of transmission to be used when a judicial or extrajudicial document is to be transmitted from one state party to another state party for service in the latter.
It is not the first time the countries have squabbled over the area surrounding the Rifiugio Torino. In , the mayor of Chamonix, Eric Fournier, ordered Alpine guides to close off access to the Gigante glacier on the Italian side.
At the time, Fournier argued that access was denied for security reasons. But the move, which came a few months after French authorities used bulldozers to shift a border marker metres into Italian territory, provoked outrage among leaders in Courmayeur.
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