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New provisions regarding civil and commercial proceedings
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In order to streamline civil and commercial proceedings, the new code of civil procedure (Nouveau Code de procedure civile - NCPC) has undergone significant changes. The new provisions come into force on 16 September, among which:
- the jurisdictional limit of the magistrate's court which is increased from EUR 10,000 to 15,000. Thus, a dispute whose value does not exceed EUR 15,000 can be judged by the magistrate's court, without the obligation to be represented by a lawyer;
- appeals against decisions by court magistrates, which are now brought before the district court, without the obligation to be represented by a lawyer;
- the procedure for conditional payment orders, which has been strengthened and simplified: in particular, the time limit for lodging an objection has been increased from 15 to 30 days and it is no longer possible to lodge an objection against the enforcement order;
- lawyers must now draw up summary conclusions before the close of the hearing in written procedure cases not subject to the simplified pre-trial procedure, which represents a gain in efficiency for the judge and in time for the litigant.
In this context, several information pages concerning civil and commercial matters have been updated on our website:
- Recovering debts of under EUR 15,000
- Recovering debts of over EUR 15,000
- Recovering debts abroad
- Attachment of earnings
- Magistrate's Court
- Reporting construction/renovation defects and seeking reparation
- Actions that debtors can take to counter a European Account Preservation Order on their bank accounts
- European Account Preservation Order by a creditor on the bank accounts of a debtor