Creation of Economic Activity Courts and a Contribution for Economic Justice

Since January 1, 2025, 12 commercial courts[1] have been renamed Economic Activity Courts for a four-year trial period, with the main innovation being the introduction of a “contribution for economic justice.”

What does this mean in practice?

To bring a case before this new jurisdiction, the claimant must pay a contribution proportional to the stakes of the dispute.

Who is liable?

The initial claimants (not incidental claimants), except for:

• The Public Prosecutor’s Office, the State, local authorities, and public entities
• Individuals or private legal entities employing fewer than 250 employees
• Individuals with a taxable income below €250,000
• Legal entities whose average turnover over the past three years is below €50 million, or below €1.5 billion if their average profit over the same period is under €3 million.

This contribution, classified as costs, will ultimately be borne by the losing party unless the court issues a specific reasoned decision stating otherwise.

What disputes are affected?

All disputes where the initial claim exceeds €50,000 (excluding legal fees).

The decree does not distinguish between proceedings on the merits and summary proceedings. Article 27 of the November 20, 2023 law refers to “each proceeding brought before the Economic Activity Court,” and the exceptions listed in the decree suggest that the contribution will also apply to summary actions.

All types of claims before one of the 12 consular jurisdictions from January 1, 2025, are concerned, except for:

• Actions for revocation, modification, or challenge of an order issued on request
• Opposition appeals by a defaulting defendant
• Requests for interpretation, rectification, or supplementation of a prior decision
• Referrals to the court for the initiation of an amicable or collective procedure or within such a procedure
• Requests for approval of a settlement agreement

What is the amount? Proportional to the claimant’s financial capacity

For legal entities

• 3% or 5% of the total value of the claims, capped at €50,000 or €100,000
• The higher cap applies to legal entities with an average turnover over the past three years exceeding €1.5 billion and an average profit over the past three years above zero

For individuals

• Taxable income between €250,000 and €500,000: 1% of the total claim value, capped at €17,000
• Taxable income between €500,000 and €1,000,000: 3% of the total claim value, capped at €33,000
• Taxable income above €1,000,000: 3% of the total claim value, capped at €50,000

If there are multiple initial claimants, each must pay the contribution, and the total value of claims is assessed separately for each.

How is it paid?

1. When filing the case: A questionnaire provided by the court registry must be submitted with the initiating document.
2. Payment methods: At the court registry counter or online via the digital court platform.
3. Deadline: Not specified, but likely before the pleading hearing, similar to fiscal stamps.
4. Sanction for non-payment: The court will declare the claim inadmissible, even automatically. However, this ruling can be overturned within 15 days of notification, upon proof of payment.
5. Refunds: In case of withdrawal of the claim.

Key points to watch:

• Review jurisdiction clauses in your contracts.
• The jurisdiction of Economic Activity Courts has been extended to collective procedures for liberal professionals, previously under the jurisdiction of judicial courts.

[1] Paris, Nanterre, Versailles, Avignon, Auxerre, Le Havre, Le Mans, Limoges, Lyon, Marseille, Nancy, Saint-Brieuc.