On Modernization of Justice of the Twenty-first Century entered into force (No 2016-1547 of 18/11/2016), except for specific provisions. Some amendments apply as of July 2017:
In the alternative settlement mode of the different:
• Obligation to attempt conciliation prior to the referral of the IT, subject to the inadmissibility of referral to the court, unless at least one of the parties requests the approval of an agreement or if diligences have been taken to reach an amicable resolution of the dispute or if there is a legitimate reason (Article 4)
• Impossibility of introducing or pursuing legal action having the same purpose when a transaction has been concluded (Article 10 of the Civil Code, Article 2052)
• In the context of judicial mediation, the judge may appoint, with the agreement of the parties, a mediator who is no longer necessarily judicial (articles 5, II)
On the organization of the organization and functioning of the public service of justice:
• Consolidation and transfer of the general and technical litigation of social security and the litigation of admission to social assistance to the social pole present in each TGI (article 12) with eventual deletion of the TASS (entry into force 1/1/2019 at the latest)
• Consolidation of actions for compensation for bodily injury before the TGI, which is the sole competent court even if the action concerns a sum of less than € 10,000 (Article 14). Art. L. 211-4-1 of the COJ: “The High Court is aware of actions for compensation for bodily injury” (entered into force on 1/5/2017: as of that date all proceedings pending before the IT are transferred to the territorially competent TGIs)
• Removal of local judges and transfer of proceedings in progress to the territorially competent TI as from 1 July 2017 (Article 15). It will be possible to issue assignments to the parties before 1/7/2017 before 1/7/2017.
• Abolition of juvenile correctional courts
• Jurisdiction of commercial courts to hear disputes between craftsmen or between craftsmen and merchants (Article 95, I-1 °, C. Art.-L 721-3, 1 ° amended). On a date to be fixed by decree, and no later than 1/1/2022, proceedings relating to disputes between artisans in progress before the TGI will be transferred as such to the territorially competent commercial courts
On the repression of road crimes
• The legal representative of a legal person is obliged to communicate the identity and address of the natural person who was driving the vehicle of the undertaking when an offense was committed (Article 34. C. Road, Article L. 121-6 new). Any refusal is liable to a fine of the 4th class (750 €)
• Creation of a specific new offense of driving a vehicle by using a false license, punishable up to 5 years imprisonment and 75,000 euros fine
• Sanction of driving offenses without a license or without insurance by a punishment of € 800 or € 500 for payment of penalty within 45 days (article 35)
About group action
The collective action introduced in terms of consumption and competition by the HAMON law of 17 March 2014 can not be transposed to all areas of law. The law of 18 November 2016 now provides:
• Creation of a common basis for group actions before the judge, in particular for the environment, health and personal data
• Creation of a group action before the administrative court by adapting the mechanisms adopted for the general system of group action before the judicial judge
The Simplified Small Claims Recovery Procedure
The simplified recovery procedure for small claims, created by the law of 6 August 2015, aims to enable the settlement of a debt of less than 4 000 € with the agreement of the parties and the intervention of a bailiff justice. The law of 18 November 2016 corrects the system (entered into force on 20/11/2016):
• Elimination of the need for approval by a bailiff of the agreement between the creditor and the debtor on the amount and terms of payment of the debt. This agreement constitutes an enforceable title enabling a bailiff to enforce enforcement measures in order to obtain payment