Rules applying to international disputes between private parties, in France, in the European Union and outside the European Union.
By Franck BEAUDOIN, avocat
Published on droit.co on 29 October 2021
French rules relating to international litigations
In France, the territorial competence of the courts are provided for by articles 42 and followings of the French code of procedure.
Specific provisions provide for an extra-territorial application of French law and international jurisdiction of the French courts.
Concerning civil and commercial matters
Article 14 of the French civil code: the foreigner, even if not residing in France, may be summoned before the French courts, for the performance of the obligations contracted by him in France with a Frenchman; he may be brought before the courts of France, for the obligations contracted by him in a foreign country towards French people.
Article 15 of the French civil code: a Frenchman may be brought before a court in France, for obligations contracted by him in a foreign country, even with a foreigner.
Concerning penal law
Article 113-6 of the French penal code:
- French penal law is applicable to any crime committed by a Frenchman outside the territory of the Republic.
- It is applicable to offences committed by French people outside the territory of the Republic if the acts are punishable under the legislation of the country where they were committed.
Article 113-7 of the French penal code: French penal law is applicable to any crime, as well as to any offence punishable by imprisonment, committed by a Frenchman or by a foreigner outside the territory of the Republic when the victim is of French nationality at the time of the offence.
Article 113-10 of the French penal code: French penal law applies to crimes and offences classified as attacks on the fundamental interests of the nation and to any crime or offence against French diplomatic or consular agents or premises, committed outside the territory of the Republic.
Article 113-11 of the French penal code: French penal law is applicable to crimes and offences committed on board or against aircrafts not registered in France or persons on board:
1 ° when the perpetrator or the victim is of french nationality;
2 ° when the aircraft lands in france after the crime or offence;
3 ° when the aircraft has been leased without crew to a person who has the main seat of its operation or, failing that, his permanent residence in the territory of the Republic.
Article 113-12 of the French penal code: French penal law is applicable to offences committed beyond the territorial sea, as long as international conventions and the law so provide.
Article 113-13 of the French penal code: French penal law applies to crimes and offences classified as acts of terrorism committed abroad by a Frenchman or by a person ordinarily resident on French territory.
Treaties
Article 55 of the French constitution provides that the treaties or agreements duly ratified or approved shall, from the time of their publication, have a higher authority than laws, subject, for each agreement or treaty, to its application by the other party.
Litigations in the European Union
In the European Union, several regulations may apply to litigations.
- Law applicable to contractual obligations: Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- Law applicable to non-contractual obligations: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II).
- Competent courts in the EU: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
- European small claims procedure: Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.
- European order for payment procedure: Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
International litigations outside the European Union
Outside the European Union, several conventions may apply.
Examples:
- HCCH Convention of 15 June 1955 on the law applicable to international sales of goods
- HCCH Convention of 14 March 1978 on the law applicable to agency
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