Justice:
♦ Courts
♦ Legal Actions
♦ Courts
• Commercial courts (tribunaux commerciaux):
The commercial court (tribunal de commerce) is a court made of traders elected by their peers. This court is competent for disputes between traders, traders and companies and, more generally, for all disagreements relating to a commercial act. It settles up disputes between companies, including in financial law, disputes opposing private people against traders or against trading companies in the exercise of their business and the failings of commercial and craft companies (prevention, recovery, liquidation subject to supervision of court).
According to the general principe about territorial jurisdiction, the commercial court that has jurisdiction is the court for the place where the defendant’s domicile takes place, unless the contracting parties decided when they signed the contract, with a special term called clause attributive de compétence exclusive, that an other commercial court would have jurisdiction.
The district attorney represents the authorities before the commercial court. He expresses himself when he finds the case important or when the case is relating to failings of companies.
► To find some commercial court’s adress: http://www.justice.gouv.fr/region/consult.php
• Magistrates' court (tribunal correctionnel):
The tribunal correctionnel, whose British equivalent is the magistrates' court, is one of the French courts which have jurisdiction in penal matters.This court has more specially a jurisdiction in delict matters in first instance and so knows, for example, cases of theft and swindle.Contrary to the magistrates' court, this French "criminal court" can order sentences of imprisonment of 10 years and complementary sentences as the prohibition of exercising a professional activity.
The "criminal chamber" of the court of appeal (chambre correctionnelle) hears the appeals of decisions of the criminal court. The criminal court which has jurisdiction is the one where the offences happened.Before the tribunal correctionnel, the district attorney has to be present in order to represent the French state.
• The Commercial Register (le Registre du Commerce et des Sociétés):
In France, traders and trading companies are obliged by law to apply for an entry in the Commercial Register (Registre du commerce et des sociétés). This register provides information on all legally relevant facts which might be important for a business partner of the businessman or trader. It is a public register and hence it provides all interested parties with an opportunity to examine the documents submitted free of charge.The registration office (greffe du tribunal de commerce) of the commercial court which the trader or the trading company depends on controls the Commercial Register. There are as many commercial registers as registration offices. But all commercial registers are gathered in the National Commercial Register (Registre National du Commerce et des Sociétés - RNCS).
► To find a registration office: http://www.infogreffe.fr/infogreffe/index.jsp
► The Commercial Register (RCS): http://www.kbis-express.com/index.php
► The National Commercial Register (RNCS): http://www.euridile.inpi.fr
♦ Legal actions