The assignment of a case to the single judge may be decided until the date of the hearing has been fixed. The allocation of cases assigned to the single judge is made by the president of the court or by the president of the chamber to which the case is referred or to which it has been allocated.
When a case is assigned to the single judge, the latter exercises the powers conferred on both the court and the pre-trial judge. If the case is subsequently referred to the panel, its investigation is continued, if necessary, either by the same judge with the powers of the pre-trial judge, or by the pre-trial judge, depending on the decision of the president of the chamber.
The award to the single judge and the referral to the panel are noted in the case file. Notice of this shall be given to the lawyers constituted. In cases that do not require the assistance of a lawyer, this notice is sent to the parties by registered letter with acknowledgement of receipt.
A request to refer a case assigned to the single judge to the panel must, on pain of foreclosure, be made within fifteen days of receipt of the notice provided for in Article 814. The referral of a case to the panel by the president of the court or his delegate may be decided at any time.
The provisions of the second paragraph of Article 814 and of the first paragraph of Article 815 cease to apply if the right to request referral to the panel is waived.
Where the parties are exempted from constituting a lawyer in accordance with the provisions of Article 761, the proceedings shall be oral, subject to the special provisions specific to the matters concerned.
The claim is brought either by a writ of summons or by a petition delivered or addressed jointly by the parties. The claim may also be brought by a petition where the amount of the claim does not exceed €5,000, where it is brought for the purposes of a prior attempt at conciliation or where the law or regulation so provides.
The application to the court may be made for the purposes of a preliminary attempt at conciliation outside the cases in which the first paragraph of Article 750-1 applies. The request for a preliminary attempt at conciliation is made by application made, delivered or addressed to the court registry. The limitation period and the time limits for taking action are interrupted by the registration of the request.
The judge may delegate the preliminary conciliation attempt to a court conciliator. The court clerk notifies the defendant of the judge’s decision by any means. The notice shall specify the surname, first names, profession and address of the claimant and the subject of the claim.
The claimant and the judicial conciliator are notified by any means of the judge’s decision. A copy of the request is sent to the conciliator. The judicial conciliator shall proceed with the conciliation attempt as set out in articles 129-3 to 129-5,130 and 131. At his request, his mission may be renewed, without it being necessary to obtain the agreement of the parties. If the conciliation attempt fails, the court…
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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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