Subject to the specific provisions laid down for each of these actions, this subtitle shall apply to the following group actions initiated on the basis of Title V of Act No 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century: 1° The action initiated on the basis of the loi n° 2008-496 du 27 mai 2008 portant diverses dispositions d’adaptation au droit communautaire dans le…
The judicial court with territorial jurisdiction is that of the place where the defendant lives. The Paris judicial court has jurisdiction when the defendant lives abroad or has no known domicile or residence.
Other than the information prescribed in articles 752 or 753 as the case may be, the writ shall expressly set out, on pain of nullity, the individual cases presented by the plaintiff in support of his action.
The application shall be lodged, investigated and judged in accordance with the rules applicable to ordinary written proceedings.
When the judge appoints a third party for the purpose of implementing measures intended to put an end to the breach, the judge shall rule by means of a specially reasoned decision setting out the terms of the assignment entrusted to the third party and the time limit within which the third party is to report back to the judge. The third party is chosen from any professional with proven…
As soon as the decision designating a third party has been handed down, the court registry shall notify the third party of a copy by any means. The third party shall inform the judge of his acceptance without delay. He shall commence his operations as soon as he is notified of the payment of the advance referred to in Article 849-5, unless the judge instructs him to commence his operations…
The cost of the assignment shall be borne by the party responsible for the breach. The judge who appoints the third party shall set the amount of an advance on the third party’s remuneration as close as possible to his foreseeable final remuneration and shall determine the period within which the person responsible for the breach shall deposit it with the court secretariat. The judge may, if necessary, adjust the…
At the end of the period set by the judge, the third party shall submit his report, together with his request for remuneration, a copy of which he shall send to the parties by any means enabling receipt to be established. Where applicable, the party responsible for the breach shall send the third party and the judge its written comments on this request within fifteen days of receipt.
The court clerk shall invite the person responsible for the breach to deposit the advance with the court clerk’s office within the time limit and in the manner specified.
If the third party encounters difficulties that prevent him from carrying out his task, or if it proves necessary to extend his mandate, he shall report the matter to the parties and to the judge. The judge may decide to extend the time limit within which the third party must submit his report. The third party’s report must be submitted to the court by the end of the month in…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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