Article R662-3-1 of the French Commercial code
November 5, 2023
The provisions of Article 47 of the Code of Civil Procedure are not applicable to disputes that fall within the jurisdiction of the official receiver alone.
The provisions of Article 47 of the Code of Civil Procedure are not applicable to disputes that fall within the jurisdiction of the official receiver alone.
Jurisdictional challenges are governed by Articles 75 to 99 of the Code of Civil Procedure subject to the provisions of Articles R. 611-23-1, R. 662-5 to R. 662-7 and R. 662-18.
Where the court declares that it does not have jurisdiction, it may order the conservatory or provisional measures referred to in the last paragraph of Article R. 662-7.
Where its jurisdiction is contested, the court, if it declares itself competent, shall rule on the merits in the same judgment.
Where the interests involved justify the transfer of one of the proceedings provided for in Book VI of the legislative part of this Code to another court pursuant to Article L. 662-2, this referral may be decided ex officio by the president of the court seised, who shall immediately forward the file by reasoned order to the first president of the court of appeal or, if he considers that the…
The president of the court, seised for the purposes of appointing an ad hoc trustee pursuant to Article L. 611-3, may apply, with the agreement of the debtor, the provisions of the first paragraph of Article R. 662-7. He may also do so during the course of the mandataire ad hoc’s assignment. The debtor may also request this referral by submitting a petition to the first president of the court…
The request, made by one of the persons prosecuted to the president of the court pursuant to the second paragraph of article L. 662-3 requesting that debates relating to measures taken pursuant to Chapters I and III of Title V of Book VI of the Legislative Part of this Code take place in chambers, shall be recorded by the court clerk. The decision given by the president is a measure…
The Public Prosecutor’s Office shall be notified of the date of the hearing by the Registrar in any case that is to be communicated to it. Where the proceedings are to take place in the presence of the Public Prosecutor’s Office, the Registrar shall mention this in that notice.
Where the debtor is a member of a professional order or authority, that order or authority shall inform the registry and the bodies of the proceedings of the person authorised to represent it. In the absence of such a declaration, his legal representative shall perform this function.
The court shall rule on a report from the official receiver on all matters relating to the safeguard, receivership and judicial liquidation, the action for liability for insufficient assets, personal bankruptcy or the prohibition provided for in Article L. 653-8. However, no report is made when the court rules on an appeal against an order of this judge.
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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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