Commercial litigation lawyer Paris

Urgent proceedings are a fast procedure that leads, within a few weeks, to a provisional order. The urgent applications judge does not decide the substance of the dispute. The judge awards an interim payment if the obligation is not seriously contestable (Article 873 of the French Code of Civil Procedure), orders protective measures or orders an end to a manifestly unlawful disturbance. A writ of summons on the merits brings the case before the court, which settles the dispute definitively by a judgment that is fully enforceable. The interim payment awarded in urgent proceedings is deducted from the sum awarded on the merits.

The urgent application for an interim payment is the tool of the diligent creditor. It makes it possible to obtain a provisional order to pay against the debtor where the obligation is not seriously contestable, without waiting for the trial on the merits. It typically suits unpaid invoices documented by a contract or a purchase order, accompanied by reminders that have proved fruitless. The procedure takes a few weeks before the commercial court of the defendant's registered office. Once the order is made, the bailiff serves it and carries out enforcement.

Article 145 of the Code of Civil Procedure allows a measure of inquiry to be requested before any trial where there is a legitimate reason to preserve or establish evidence of facts on which the outcome of a dispute may depend. The application is made to the president of the court, who appoints an expert. The expert summons the parties, examines the documents, organises adversarial proceedings and files a report. This tool is valuable for reconstituting accounts, assessing a defective product or objectively establishing damage before proceedings on the merits are started.

The commercial court has jurisdiction over disputes between traders or corporate entities that are traders, and over disputes relating to commercial acts. The judicial court takes over as soon as one party to the dispute is not a trader (a consumer, for example) or, in mixed disputes, at the choice of the non-trader. The firm checks jurisdiction before the first filing, because a writ issued before the wrong court meets a plea of lack of jurisdiction and wastes time.

The case is entered on the court list after the writ of summons. Pre-trial case management allows the parties to exchange submissions and documents. At the oral hearing, the lawyer presents the written pleadings orally, answers questions from the commercial judges and concludes. The deliberation generally takes four to eight weeks. The judgment is notified, then served if enforcement is contemplated. The avenues of challenge (appeal, opposition depending on the procedure) run from service.

Yes for any claim above €10,000, in accordance with Article 853 of the Code of Civil Procedure, subject to limited exceptions (proceedings under Book VI, disputes concerning the commercial register). For claims of €10,000 or less, the parties may appear in person or be represented by any person of their choice holding a special power of attorney. Above the threshold, a lawyer must be instructed and the pleadings must be signed by a lawyer.

Between traders, evidence is unrestricted under Article L. 110-3 of the Commercial Code: all written, electronic, accounting or physical items are admitted. This includes emails, invoices, purchase orders, delivery notes, account statements, stock records, third-party statements and screenshots. Where the other party is not a trader, the formal rules of the Civil Code apply again for transactions exceeding €1,500 (a signed document is required), unless there is a commencement of proof in writing or a moral or material impossibility of obtaining a written document.

Once the judgment has been served and any time limit for opposition has expired, the commissaire de justice (bailiff) can carry out enforcement measures: garnishment order on the bank account, seizure and sale of equipment, seizure of company shares, attachment of earnings, real property seizure. The choice depends on the nature of the assets identified. The firm manages enforcement like a cash management operation, selecting the step that is quickest to turn into actual payment.

A protective attachment makes it possible to freeze the debtor's assets before any enforceable title exists, in order to secure future recovery. It is ordered with the authorisation of the enforcement judge, provided the claim appears well founded in principle and circumstances threaten recovery (a debtor in difficulty, engineered insolvency, dissipation of assets). It is then converted into a garnishment order once judgment is obtained. It is a key tool against debtors likely to make themselves insolvent before the decision on the merits.

Five years between traders, or between traders and non-traders for obligations arising in connection with their trade, in accordance with Article L. 110-4 of the Commercial Code. Certain special actions are subject to shorter periods. Under Articles 2240, 2241 and 2244 of the Civil Code, the limitation period is interrupted in particular by the debtor's acknowledgement of the right, a claim brought before a court even in urgent proceedings, a protective measure or an act of enforcement. An out-of-court formal notice, even one sent by registered letter, does not interrupt it on its own. The Court of Cassation applied the same rule to a contractual time bar (Cass. com., 8 July 2026, No. 25-12.679).

Yes, under Article L. 442-1, II of the Commercial Code. Any person carrying on an economic activity who suddenly terminates, even partially, an established commercial relationship without sufficient written notice incurs liability. The notice period is assessed in particular by reference to the length of the relationship, trade usages and inter-trade agreements. The loss is quantified on the average gross margin lost during the notice period that should have been granted. The Court of Cassation clarified the application of this provision to a manager under a management mandate (Cass. com. 2 October 2019, No. 18-15.676).

Three main components: the loss incurred (unpaid invoices, expenses wasted, replacement costs), loss of earnings (gross margin not achieved during the wrongful period, calculated on the average of the three previous financial years), and ancillary costs (cash financing, legal fees under Article 700 of the Code of Civil Procedure). For technical or accounting losses, quantification rests on an adversarial expert report, whether court-ordered or agreed. The firm documents each item so that it withstands the opponent's criticism.

Beyond bailiff's fees (service of the writ of summons, about €100 to €200), lawyer's fees vary with the complexity, the amount at stake and the quality of the evidence. For a standard urgent application for an interim payment on an unpaid invoice, fees can be set at a fixed amount. For high-stakes cases or complex evidence, a preliminary discussion makes it possible to define a budget. The firm systematically provides a written quotation before engagement.

First step: take note of the hearing date and of the opposing submissions. Second step: consult a lawyer quickly, because the time limits for filing submissions are short. Third step: review the documents, identify serious disputes and prepare evidence of proper performance or payment. The defence may rely on lack of jurisdiction, the fact that the obligation is seriously contestable (in urgent proceedings), limitation or nullity. A well-prepared defendant sometimes avoids an adverse judgment and even obtains a counterclaim award against the opponent.

Yes, at any stage. A settlement agreement (Article 2044 of the Civil Code) ends the dispute through reciprocal concessions and has the authority of res judicata between the parties. It avoids the uncertainty of a judgment, speeds up payment and preserves confidentiality. The firm frequently conducts settlement negotiations alongside the proceedings, in particular after an urgent order or a court-appointed expert's report that reshuffles the cards. The settlement is then approved by the court where necessary to become enforceable.