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…
Where the judge has ruled on jurisdiction without ruling on the merits of the dispute, his decision may be appealed under the conditions laid down in this paragraph. The decision may likewise be challenged on the ground of jurisdiction only by way of appeal where the judge rules on jurisdiction and orders an investigative measure or a provisional measure.
The time limit for appeal is fifteen days from notification of the judgment. The court clerk’s office will send this notification to the parties by registered letter with acknowledgement of receipt. It also notifies the judgment to their lawyer, in the case of a procedure with compulsory representation. In the event of an appeal, the appellant must, on pain of the declaration of appeal lapsing, refer the matter to the…
Other than the information prescribed by articles 901 or 933, the statement of appeal specifies that it is directed against a judgment ruling on jurisdiction and must, on pain of inadmissibility, state the grounds on which it is based, either in the statement itself or in submissions attached to that statement. Notwithstanding any provision to the contrary, the appeal shall be heard and determined as in fixed-date proceedings if the…
The court shall refer the case to the court which it considers to have jurisdiction. This decision shall be binding on the parties and on the referring court. Where the referral is made to the court which was originally seised, the proceedings shall continue at the behest of the court.
The clerk of the court immediately notifies the parties of the judgment by registered letter with acknowledgement of receipt. This judgment is not subject to opposition. The time limit for appealing to the Supreme Court runs from the date of notification.
Where the court is a court of appeal in relation to the court which it considers to have jurisdiction, it may raise the merits of the case if it considers that it would be in the interests of justice to give the case a definitive solution after having itself ordered, where appropriate, a measure of inquiry.
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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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