You need legal advice in France?
We are here to defend your interests in France.
Contact us for a free initial and confidential consultation. You will understand your situation and how we may help.
Mariela Petrova, lawyer registered with the Bar of Paris, France.
CONTACT US
Call us +33 (0) 1 78 90 46 46 or fill in the form below.
A French lawyer will contact you within 6 to 24 h
Our French litigation lawyers may reprsent you in court anywhere in France
We are here to help. We can help you solve any legal issue in France
How does litigation in France start?
Litigation in France starts most often by a letter, called formal notification (in French, "mise en demeure"), generally sent by registered letter with return receipt. The "mise en demeure" requires its recepient to pay money (as damages, losses, etc.) or do something (perform an obligation, refrain from competition, etc.). ​
If the "mise en demeure" is not complied with, the matter is generally brought to court, by way of "assignation" (writ of summons").
In certain cases, the plaintiff may obtain an ex parte court decision authorizing the precautionary attachment of assets of the other party or the collection of proof.
WHAT TO DO?
If you plan to make a claim or have received a formal notification, you would like to consult with a French business lawyer on how to proceed.
​
Our law firm regularly assists in the preparation of formal notifications, as well as in responding to such notifications.
​
You may contact us a for a preliminary and confidential free evaluation of your case.
What is an "assignation"?
A "assignation" is the french word for "writ of summons". If you have received an "assignation", this means someone is summoning you to appear in court.
To ba valid, an assignation must contain certain mandatory information, such as (without limitation) the identity of the parties concerned, the competent court, the reasons for the claim, the date of the hearing and the obligation for the defendant to mandate a lawyer. An "assignation" which does not contain the information prescribed by law or is brought before an incompetent court may be challenged as null and void or invalid.
WHAT TO DO?
If you have received a "assignation" (summons to appear in court) or are planning to summon someone to appear in court in France, you would like to consult with our French business lawyers on how to proceed.
​
Our law firm regularly assists in the preparation of formal notifications, as well as in responding to such notifications.
​
You may contact us a for a preliminary and confidential free evaluation of your case.
What interim litigation measures are available in France?
Several types of interim litigation measures are available in France:
Interim injunction ("mesures provisoires") ordering a party to do something (e.g., continue the performance of a contract) or to stop doing something (e.g., stop IP infringement)
Emergency measures for collecting or preserving evidence and proof ("référé probatoire"), enabling the claimant, including experts and police officers, to seize evidence at the premises of adverse party
Measures intended for the preservation of assets that would satisfy the claimants' claim pending a final decision at trial, such as precautionary attachment of assets ("saisie conservatoire" or "sûreté judiciaire")
Precautionary measures may be obtained by the claimant ex parte, that is, without the adverse party being aware of them until they are inforced.
WHAT TO DO?
If you have been served a "procès-verbal", "ordonnace" or similar documents by a judicial officer, this means that you are likely the object of a non-adversarial precautionary measure. You would like to consult with our French business lawyer on how to proceed.
​
Should you wish to have interim measures issued against a party, our lawyers may apply for such on your behalf before all French courts.
​
You may contact us a for a preliminary and confidential free evaluation of your case.
Do you have to be represented by a French lawyer in court litigation in France?
Representation by a lawyer is mandatory in most litigation proceedings in which the amounts at stake exceed 10 000 €, for both claimants and defendants.
Failure to be represented by a lawyer may result in a judgment being rendered on the basis of the sole arguments of the party who was represented by a lawyer.
WHAT TO DO?
If you have to defend to a case, or wish to summon someone in court, our lawyers may represent you before all French courts.
​
You may contact us a for a preliminary and confidential free evaluation of your case.
How long does a litigation in France last?
Trial procedures before courts of first instance last from several months to up to two years, depending on the compexity of the case.
​
First instance court decisions may be appealed before Courts of Appeal and appelate court rulings may be appealed before the French Supreme Court ("Cour de Cassation").
WHAT TO DO?
If you are engaged in a lawsuit, and would like to have a second opinion regarding litigation strategy, or the opportunity to appeal a first instance court decision, you may wish to consult with our French business lawyers.
​
You may contact us a for a preliminary and confidential free evaluation of your case.
What is the cost of litigation in France?
There are no, or minimal, court fees for litigation before French commercial, civil and administrative courts.
Unless otherwise agreed between the parties, each party bears the costs of its own lawyers. The party who wins a lawsuit may not claim from the other party the payment of the legal fees paid to its own lawyer.
Court decisions are enforced by bailiffs on the basis of a scale of costs, which comprises a fixed cost and a cost proportionate to the amount enforced.
WHAT TO DO?
If you plan to make a claim or have received a formal notification, you would like to consult with a French business lawyer on how to proceed.
​
Our law firm regularly assists in the preparation of formal notifications, as well as in responding to such notifications.
​
You may contact us a for a preliminary and confidential free evaluation of your case.