FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe and Céline Serpagli, Kiejman & Marembert
2.6 Contingency Fees Article 11.3 of the National Regulation of Law- yers prohibits pure contingency fee arrange- ments. However, attorneys may charge success fees that represent a portion of the total fees. 2.7 Time Limit for Obtaining Third-Party Funding As third-party funding remains unregulated, there is no time limit within which a party to liti- gation should obtain third-party funding. It is highly recommended, though not mandato- ry, to send a formal notice to the defendant ( mise en demeure ) before initiating a lawsuit. The date of such notice serves as a starting point for cal- culating legal interest when payments are due. The defendant is under no obligation to reply to a formal notice. In certain cases, before initiating a lawsuit the claimant must first attempt to resolve the dispute amicably and then mention in the summons the steps taken to reach an amicable agreement; otherwise, the summons may be ruled inadmis - sible. 3.2 Statutes of Limitations The common civil limitation period is five years and starts from the day the claimant knew, or should have known, the facts giving rise to the cause of action. This limitation period may, to a certain degree, be reduced or extended con- tractually (by no less than a year and no more than ten years). 3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
3.3 Jurisdictional Requirements for a Defendant Before initiating a lawsuit, the claimant must determine which court has jurisdiction over the case, considering the subject matter, the terri- torial jurisdiction rules and the quantum of the claims. Regarding subject matter, several courts have exclusive jurisdiction in certain areas. For instance, labour courts have exclusive jurisdic- tion for most work relationship disputes, while commercial courts have exclusive jurisdiction when commercial parties are involved. Tribu- naux judiciaires have exclusive jurisdiction over certain litigation, such as intellectual property disputes, personal civil status claims, estate dis- putes or exequatur. In contrast to other courts, parties must be represented by an attorney before tribunaux judiciaires or tribunaux de com- merce for specific matters, due to their nature or if the amount at stake is higher than EUR10,000. Regarding territorial jurisdiction, the claimant may choose either the court where the defend- ant lives or the court of the place: • of delivery or performance of the contract; • of the event causing liability or where the damage was suffered; or • where real property is situated. 3.4 Initial Complaint In civil matters, the summons ( assignation ) must contain the following mandatory information: • the jurisdiction; • the factual and legal grounds of the claims;
• the remedies sought; • the list of exhibits; and • the designated chamber, if any.
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