“Référé classique” – Summary application
- Articles 835 and 873 of French civil procedure Code
- Court is able to make an order quickly
- Adversary procedure
- The decision is enforceable immediately
“Référé provision” – Interim payment
- The existence of the obligation cannot be seriously challenged
- Emergency does not need to be proved
- The applicant will have to establish the existence of the obligation which he is invoking
The Court may grant a provisional measure in favour of the creditor
“Référé heure à heure” – Court sitting “from hour to hour”
- Court is able to make an order very quickly, sometimes a few hours of a summons being notified
- Adversary procedure
- An emergency must be found to exist
- The emergency must be obvious at the time when the decision is made by the Court
Remarks
Arbitration dispositions do not defeat a French summary proceeding
- Article 1449 of French civil procedure Code provides that arbitration clause can be defeated in case of emergency, allowing French judge of summary application to rule
- If arbitration clause is in your favor, waiving this right is possible even when ruling on the merits
Jurisdiction clause do not defeat a French summary proceeding
“Saisie conservatoire” – Preventive seizure
- Article 521-1 of French Code of civil enforcement procedures – non adversarial procedure
- All kind of movable goods can be seized, at the exclusion of real estate and non-seizable goods
- The applicant must prove circumstances that may threaten the recovery of a justified debt
- Only a bailiff can proceed to the seizure
- Seized assets are unavailable
- Provisional nature of the seizure