FRANCE Law and Practice Contributed by: Emmanuel Reille, Dimitri Dimitrov, Franck Audran, Laura Castex and Elizabeth Gautier, Gide Loyrette Nouel
The judge may invite them to question all the inter - ested parties whose presence seems necessary to resolve the dispute (Article 332 of the FCPC).
in the form of security of real or personal property, suf - ficient to cover all restitutions and damages (Articles 489 and 517–522 of the FCPC). 10.2 Alternative Dispute Resolution The parties may, on their own initiative or upon a judge’s request, use ADR methods such as concili - ation (Article 128 of the FCPC) or mediation (Article 131-1 of the FCPC). This is a voluntary process, which cannot be imposed by a judge. Also, the initiation of a mediation or conciliation procedure will suspend the limitation period (Article 2238 of the FCC). Ordinance No 2017-303 anticipated the recourse to alternative modes of resolution and their effect on compensation from joint and several co-debtors. Vic - tims who have settled a dispute with one co-debtor may only claim compensation from the other co-debt - ors not party to that settlement. Such compensation should not include the amount attributable to the co- debtor that is party to the settlement (Article L481-13 of the FCC). In addition, while ruling on contribution claims between co-debtors, courts must take into account the amounts already paid to victims follow - ing previous settlements (Article L483-14 of the FCC). In France, even though third-party funding is not pro - hibited, it is not governed by any specific regulation. Ruling on a funding contract in the context of an inter - national arbitration case, the Court of Appeal of Ver - sailles indicated that “a contract for the funding of tri - als is sui generis and unknown in most member states of the EU except countries with a Germanic legal culture” (CA Versailles, 1 June 2006, No 05/01038). On 21 February 2017, the Paris Bar Council issued a resolution on the practice of third-party funding in international arbitration, whereby it set out basic prin - ciples applicable to such cases. With regard to the specific case of class actions, the aforementioned DDADUE Law provides that entities bringing the action may receive funds from third par - ties, provided that such funding is not intended or does not result in those third parties exercising influ - 11. Funding and Costs 11.1 Litigation Funding
10. Other Remedies 10.1 Injunctions
Depending on the case, a judge may order a wide range of interim or final measures, such as resum - ing business relations or granting access to essential facilities. Injunctions are often backed up by a daily penalty ( astreinte ). Such measures are available when the case is decided on the merits or through summary proceedings ( référé ). In all cases of urgency, the president of the court may order in summary proceedings any measure that does not encounter any serious challenge or that the exist - ence of the dispute justifies (Articles 808 and 872 of the FCPC). In certain circumstances, the president may – even where confronted with a serious chal - lenge – order in summary proceedings such protective measures as are required to restore the parties to their previous state. This is done either to avoid imminent damages or to abate a manifestly illegal nuisance. In cases where the existence of the obligation is not seri - ously challenged, the president may award an interim payment to the creditor or order the mandatory fulfil - ment of the obligation even where it is an obligation to perform (Articles 809 and 873 of the FCPC). These are “regular” summary proceedings, enabling a preliminary decision to be issued within a few weeks or months. However, the judge will not rule on the merits of the case but will only order interim meas - ures. In cases of extreme emergency, an expedited proceeding can be requested, whereby the judge sets a binding hearing date within a few days of receipt of the claimant’s request (Article 485 of the FCPC). In this situation, a preliminary decision may be issued within a few days. In all cases, both parties are heard at a final hearing, during which they must develop their arguments. The summary proceeding orders are provisionally enforceable. However, the judge may make provision - al enforcement subject to the granting of a guarantee
95 CHAMBERS.COM
Powered by FlippingBook