Civil Litigation in the French Legal System

Civil litigation in France is governed by the Code of Civil Procedure (Code de procédure civile) and follows the civil law tradition’s inquisitorial model, in which the judge plays an active role in managing proceedings and gathering evidence. The system balances party initiative with judicial oversight, reflecting the French conception of civil justice as a public service rather than a purely private contest.

Court Structure

Civil cases begin in first instance before the tribunal judiciaire (general jurisdiction), the tribunal de commerce (commercial disputes), or the conseil de prud’hommes (employment disputes). Appeals go to the cour d’appel, which conducts a full rehearing. Further review lies with the Court of Cassation on questions of law only.

The tribunal judiciaire was created in 2020 by merging the former tribunal de grande instance and tribunal d’instance. It has general jurisdiction over civil matters exceeding €10,000 and exclusive jurisdiction over certain matters including family law, property, and personal status. The tribunal de commerce is composed of elected juges consulaires who are business professionals rather than career judges. The conseil de prud’hommes is composed of equal numbers of employer and employee representatives.

Commencing Proceedings

A civil action is initiated by assignment (assignation), a formal document served by a huissier de justice (bailiff) on the defendant, specifying the claims and legal grounds. Alternatively, parties may file a joint petition (requête conjointe) in uncontested matters. The assignment must include the subject matter of the claim, the legal basis, and the relief sought. It must be filed with the court registry within a specified time after service.

The huissier de justice plays a unique role in French procedure. These ministerial officers are responsible for service of process, enforcement of judgments, and certain verification functions. They are private professionals holding a state-granted monopoly on service and enforcement. The huissier’s role ensures that procedural formalities are observed and that judgments can be effectively enforced.

Pre-Trial Phase

The pre-trial phase (mise en état) is supervised by the juge de la mise en état, who sets deadlines, manages evidence disclosure, and seeks to narrow the issues. The judge may order investigative measures (mesures d’instruction), including expert reports, witness interviews, and document production. The judge may also attempt conciliation. The juge de la mise en état has broad powers to manage the case actively, ensuring efficiency and focusing the trial on genuinely disputed issues.

The pre-trial phase is a distinctive feature of French civil procedure. Unlike the concentrated trial in common law systems, French procedure separates the preparation of the case from the trial hearing. The juge de la mise en état ensures that each party discloses its evidence and arguments before trial, avoiding surprise and enabling efficient adjudication. The judge may rule on procedural motions, order interim measures, and refer the case to mediation.

The Trial

The trial hearing (audience) is predominantly oral. The parties present their arguments through counsel (avocats). The presiding judge may question the parties and witnesses. After deliberation, the court delivers a reasoned judgment (jugement). The judgment must state the legal grounds and summarize the parties’ arguments. Judgments are public and may be appealed.

The trial hearing is relatively brief compared to common law trials. The written submissions prepared during the pre-trial phase form the basis of the court’s decision. The oral hearing focuses on clarifying issues and allowing the judges to question counsel. The court deliberates in private and produces a single judgment without dissenting opinions.

Evidence

French law prefers written evidence (preuve littérale). For legal acts exceeding a certain value, a notarized or signed writing is required. Factual matters may be proved by any means, including witness testimony, presumptions, and party admissions. The judge has broad discretion to assess the weight of evidence according to the principle of intime conviction.

Appeals

A party dissatisfied with a first-instance judgment may appeal within one month. The cour d’appel re-examines the case on both fact and law. A further appeal on questions of law lies to the Court of Cassation within two months of the appellate judgment. The Court of Cassation may quash the decision and remand for a new trial.

Enforcement

Judgments are enforced through huissiers de justice, who may seize assets, garnish wages, or evict tenants. The juge de l’exécution supervises enforcement and resolves disputes. Enforcement of foreign judgments follows the Brussels I Regulation (recast) for EU judgments and bilateral treaties for non-EU judgments.

Costs and Legal Aid

The losing party generally bears the costs (dépens), including court fees and the huissier’s fees. Each party typically bears its own attorney fees unless the court awards a sum under Article 700 of the Code of Civil Procedure. Legal aid (aide juridictionnelle) is available for those with insufficient resources, ensuring access to justice for all citizens regardless of financial means.