01/04/2024 | Commercial law

L'option de compétence devant le tribunal de commerce

Commentaire de Cass. com., 20 décembre 2023, RLDA, avril 2024

The judgment of 20 December 2023 clarifies the scope of Article L. 721-3, 2°, of the Commercial Code. Until then, it was settled that a claimant who was not a trader could derogate from the exclusive jurisdiction of the commercial courts and bring proceedings, at its choice, before either the civil court or the commercial courts. The Court now specifies that this option is not available where the claimant, although not a trader, is a director or other corporate officer or a shareholder of a commercial company and the dispute, between the claimant and that company or another of its shareholders or corporate officers, concerns a matter relating to that commercial company. The claimant may then only bring proceedings before the commercial court.

Blatter Seynaeve
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.