Article 1383 of the French Code of civil procedure
The application form shall be delivered or sent by post to the court registry.
The application form shall be delivered or sent by post to the court registry.
If, on the basis of the claim form submitted to it, it appears to the court that the case does not fall within the scope of the European Small Claims Procedure, it shall so inform the claimant by registered letter with acknowledgement of receipt. It shall set a time limit for the claimant to withdraw his claim and inform him that, if he fails to do so, the case will…
Where the court rejects the application on the grounds that it appears to be manifestly unfounded or inadmissible or that the applicant has not completed or rectified the application form within the time limit set, the decision rendered is not subject to appeal. The claimant may, however, proceed in accordance with the ordinary law.
Where a counterclaim does not fall within the scope of the European Small Claims Procedure, the court shall notify the parties by registered letter with acknowledgement of receipt. It shall inform them that unless the counterclaimant withdraws his claim within a given period of time, the case will be heard and determined in accordance with the procedure on the merits applicable before it. On expiry of that period, if the…
In the event of the return to the court registry of a letter of notification for which the acknowledgement of receipt has not been signed under the conditions provided for in Article 670, notification shall be made by writ of a bailiff, at the behest of the court registry. The Treasury is responsible for advancing the costs of service.
Where the court decides to hold a hearing pursuant to the European small claims procedure, it shall hear the dispute in accordance with the substantive procedure applicable before it.
The provisions of Article 1387 do not apply to notification to the parties of the decision rendered. This notification is made, at the registry’s request, by registered letter with acknowledgement of receipt.
At its request, the registry will issue the certificate relating to a judgment given under the European Small Claims Procedure. The registry will also issue the certificate relating to a judgment given under the European Small Claims Procedure. The registry will also issue the certificate relating to a judgment given under the European Small Claims Procedure.
The right to review provided for in Article 18 of Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure shall be exercised in accordance with the opposition procedure, where this is open, or, where it is not, in accordance with similar procedural arrangements.
Recovery of a claim may be sought under the injunction to pay procedure when: 1° The claim has a contractual cause or results from an obligation of a statutory nature and amounts to a specified amount; in contractual matters, the determination is made by virtue of the stipulations of the contract including, where applicable, the penalty clause ; 2° The commitment results from the acceptance or drawing of a bill…
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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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