Subsection I: Judgment on jurisdiction

If it is contended that the court seised at first instance or on appeal lacks jurisdiction, the party raising this objection must, on pain of inadmissibility, state the reasons on which it is based and state in all cases before which court he requests that the case be brought.

Unless Article 82-1, lack of jurisdiction may be declared of its own motion in the event of a breach of a rule of jurisdiction of attribution where this rule is a matter of public policy or where the defendant does not appear. It can only be pronounced in these cases. Before the Court of Appeal and before the Court of Cassation, such lack of jurisdiction may be raised ex officio…

In non-contentious matters, the court may note of its own motion that it does not have territorial jurisdiction. In contentious matters, he may do so only in disputes relating to the status of persons, in cases where the law assigns exclusive jurisdiction to another court or if the defendant fails to appear.

The judge may, in the same judgment, but by separate provisions, declare himself competent and rule on the merits of the dispute, after having, where appropriate, first given the parties notice to conclude on the merits.

Where the court does not rule on the substance of the dispute, but the determination of jurisdiction depends on a question of substance, the court must, in the operative part of the judgment, rule on that question of substance and on jurisdiction in separate provisions. His decision has the force of res judicata on that question of substance.

If the judge declares that he has jurisdiction, without ruling on the merits, the proceedings shall be suspended until the expiry of the time limit for lodging an appeal and, in the event of an appeal, until the Court of Appeal has given its decision.

Where the judge considers that the case falls within the jurisdiction of a criminal, administrative, arbitral or foreign court, he shall simply refer the parties to take further proceedings. In all other cases, the judge who declares that he has no jurisdiction shall designate the court that he considers to have jurisdiction. This designation is binding on the parties and on the referring court.

In the event of referral to a designated court, the case file shall be sent to it by the registry, together with a copy of the referral decision, in the absence of an appeal within the time limit. On receipt of the case file, the parties shall be invited by any means by the registry of the designated court to continue the proceedings and, where appropriate, to constitute a lawyer…

By way of derogation from the provisions of this sub-section, questions of jurisdiction within a judicial court may be settled before the first hearing by reference to the file, at the request of a party or of the judge’s own motion. The parties or their lawyers are notified without delay by any means that confers a certain date. The case file is immediately forwarded by the court registry to the…