The judge in charge of investigating the case may order, even ex officio, any investigative measure. He decides on any difficulties relating to the communication of documents. He declares the proceedings terminated. In that event, it shall, if appropriate, rule on the costs and claims made pursuant to Article 700.
The measures taken by the judge hearing the case shall be the subject of a simple mention in the file: notice thereof shall be given to the parties. However, in the cases provided for in the previous article, the judge in charge of investigating the case shall rule by reasoned order, subject to the rules specific to investigative measures.
The orders of the judge hearing the case do not have the authority of res judicata in the main proceedings.
The orders of the judge hearing the case are not subject to appeal independently of the judgment on the merits. However, they may be appealed, either in the cases and under the conditions provided for in matters of expert appraisal, or within fifteen days of their date when they establish that the proceedings have been terminated. .
The judge in charge of investigating the case refers it to the court as soon as the state of the investigation allows.
At the request of the president of the panel, the judge in charge of hearing the case makes an oral report of the case at the hearing before the oral arguments. This report may also be made by the chairman of the panel or another judge of the panel designated by him. The report sets out the subject matter of the claim and the parties’ pleas in law, specifies the…
The judge hearing the case may also, if the parties do not object, hold the hearing alone to hear the pleadings. He will report to the court in his deliberations.
In all cases of urgency, the president of the commercial court may, within the limits of the court’s jurisdiction, order in summary proceedings all measures that do not come up against any serious challenge or that are justified by the existence of a dispute.
The president may, within the same limits, and even in the presence of a serious dispute, prescribe in summary proceedings any conservatory or restoration measures that are necessary, either to prevent imminent damage or to put an end to a manifestly unlawful disturbance. In cases where the existence of the obligation is not seriously disputable, he may grant an advance to the creditor, or order performance of the obligation even…
At the request of one of the parties, and if justified by the urgency of the matter, the president of the court hearing an application for interim relief may refer the case to a hearing, the date of which he shall set, in order to rule on the merits of the case. He ensures that the defendant has sufficient time to prepare his defence. The order shall constitute a referral…
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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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