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Modernization LAW n ° 2016-1547 of November 18, 2016
of justice of the 21st century (1)
Data last update for this text: December 31, 2020
NOR: JUSX1515639L
Version in force on 06 June 2021

The National Assembly and the Senate have deliberated,
The National Assembly adopted,
Considering the decision of the Constitutional Council n ° 2016-739 DC of November 17, 2016;
The President of the Republic promulgates the law, the content of which follows:

Title I: BRINGING JUSTICE CLOSER TO THE CITIZEN (Articles 1 to 3)
Chapter I: Strengthening the policy on access to law (Article 1)
Article 1
Modified the following provisions
● Amends Law n ° 91-647 of July 10, 1991 - art. 54 (V)
● Amends Law n ° 91-647 of July 10, 1991 - art. 55 (VT)
● Amends Law n ° 91-647 of July 10, 1991 - art. 69-7 (V)
● Modifies the Code of judicial organization - TITLE IV: RESPONSIBILITY FOR THE FACT OF
WORKS ... (V)
● Modifies the Code of judicial organization - art. L111-2 (V)
● Modifies the Code of judicial organization - art. L111-4 (V)
● Modifies the Code of judicial organization - art. L141-1 (V)
Chapter II: Facilitating access to justice (Articles 2 to 3)
Article 2
Modified the following provisions
● Amends Law n ° 91-647 of July 10, 1991 - art. 13 (V)
● Amends Code of Criminal Procedure - art. 48-1 (M)
● Created Code of judicial organization - art. L123-3 (V)

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Article 3
I. - Bailiffs, notaries, judicial auctioneers,
lawyers, lawyers at the Council of State and the Court of Cassation, commissioners
accounts and accountants offer their clients a relationship
digital in a format that guarantees the interoperability of all
trades.

II. - The professions mentioned in I make the data freely accessible
appearing in their national directories and tables so as to guarantee this
interoperability, in particular by means of an open and reusable standard, which can be used
by automated processing.

III. - The professions mentioned in the same I may resort to solicitation
personalized, especially digitally, and offer online services.

The conditions of application of this III, in particular the necessary adaptations
the ethical rules applicable to these professions in compliance with the
principles of dignity, loyalty, brotherhood and delicacy, are fixed by
decree in Council of State.

IV. - Court administrators and legal representatives propose to
interested persons, within the limits of what their judicial mandate allows them
and for the purposes of this, a digital relationship in a format that guarantees
interoperability of all exchanges.

V. - Modified the following provisions:
- Law n ° 71-1130 of December 31, 1971
Art. 66-4

Title II: PROMOTING ALTERNATIVE MODES OF SETTLEMENT OF
DISPUTES (Articles 4 to 11)
Article 4

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Modified by Ordinance n ° 2019-964 of September 18, 2019 - art. 35 (VD)
Modified by LAW n ° 2019-222 of March 23, 2019 - art. 3
When the request is for the payment of a sum not exceeding a certain amount
or relates to a neighborhood conflict, the referral to the judicial court must, barely
of inadmissibility that the judge can pronounce ex officio, be preceded, at the choice of the parties,
an attempt at conciliation led by a conciliator of justice, an attempt to
mediation, as defined in article 21 of law n ° 95-125 of February 8, 1995 relating to
the organization of courts and civil, criminal and administrative proceedings, or of a
Attempted participatory procedure, except:
1 ° If at least one of the parties requests approval of an agreement;
2 ° When the exercise of a prior recourse is imposed on the author of the
decision;
3 ° If the absence of recourse to one of the amicable resolution methods mentioned in
first paragraph is justified by a legitimate reason, in particular the unavailability of
conciliators of justice within a reasonable time;
4 ° If the judge or the administrative authority must, in application of a specific provision,
make a preliminary attempt at conciliation.
A decree in Council of State defines the terms of application of this article,
in particular matters falling within the scope of neighborhood conflicts as well as the
amount below which disputes are subject to the obligation mentioned in the first
indentation. However, this obligation does not apply to disputes relating to the application of
provisions mentioned in Article L. 314-26 of the Consumer Code.
NOTE:
By decision of the Constitutional Council n ° 2019-778 DC of March 21, 2019, article 4 of law n ° 2016-1547
of November 18, 2016 on the modernization of justice in the 21st century, in its wording resulting from the article
3 of the law of 22 March 2019 on 2018-2022 programming and reform for justice, has been declared
in accordance with the Constitution, with the proviso in paragraph 20 that: "it
it will be up to the regulatory power to define the concept of "legitimate reason" and to specify the "time limit
reasonable "unavailability of the conciliator of justice from which the litigant is admissible to seize the
jurisdiction, in particular in the event that the dispute is of an urgent nature. "

Article 4-1

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
Natural or legal persons offering, whether remunerated or not, a
online conciliation or mediation service, as defined in article 21 of law no.
95-125 of February 8, 1995 relating to the organization of courts and civil procedure,
administrative and criminal law, are subject to obligations relating to the protection of

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personal data and, unless the parties agree, confidentiality. The service
online provides detailed information on how the resolution
amicable is achieved.
Article 4-2

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
Natural or legal persons offering, whether remunerated or not, a
online arbitration service are subject to obligations relating to the protection of
personal data and, unless the parties agree, confidentiality. The service
online provides detailed information on how the arbitration
visited.
The arbitral award may be rendered in electronic form, unless opposed by one of the
Parties.
Article 4-3

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
The online services mentioned in articles 4-1 and 4-2 cannot be solely
basis for algorithmic or automated processing of personal data
staff. Where this service is offered using such processing, the parties must
be informed by an explicit mention and must expressly consent to it. The
rules defining this processing as well as the main characteristics of its implementation
work are communicated by the controller to any party who makes it
request. The data controller ensures the control of the processing and its
evolutions in order to be able to explain, in detail and in an intelligible form, to the part
who requests it, the way in which the processing has been carried out in their regard.
Article 4-4

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
Natural or legal persons offering, whether remunerated or not, a
online assistance service for referral to the courts are subject to the obligations
relating to the protection of personal data and confidentiality.
Article 4-5

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
The natural or legal persons mentioned in Articles 4-1, 4-2 and 4-4 do not
can perform acts of assistance or representation only under the conditions
provided for in Article 4 of Law No. 71-1130 of December 31, 1971 reforming

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certain judicial and legal professions. They cannot give
legal consultations or drafting deeds under private signature only on the condition of
comply with the obligations resulting from article 54 of the same law.
Article 4-6

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
The natural or legal persons who contribute to the supply or
operation of the online services mentioned in Articles 4-1 and 4-2 accomplish
their mission with impartiality, independence, competence and diligence.
Article 226-13 of the penal code is applicable to them.
Article 4-7

Creation LAW n ° 2019-222 of 23 March 2019 - art. 4
Online services providing conciliation and mediation services, such as
defined in article 21 of the aforementioned law n ° 95-125 of 8 February 1995, or arbitration may
be certified by an accredited body.
This certification is granted to the online service which requests it, after
verification of compliance with the requirements mentioned in Articles 4-1 to 4-6.
As an exception, certification is automatically granted to court conciliators,
to mediators registered on the list provided for in Article L. 615-1 of the Code of
consumption as part of their consumer mediation activity as well as to
persons registered, within the jurisdiction of a court of appeal, on the list of mediators
provided for in article 22-1 A of the aforementioned law n ° 95-125 of 8 February 1995.
The conditions for issuing and withdrawing the certification mentioned in this
article as well as the conditions under which the publicity of the list of
online conciliation, mediation or arbitration services are specified by decree
in the Council of State.
Article 5

Modified by LAW n ° 2019-222 of March 23, 2019 - art. 34
I. Ordinance No. 2011-1540 of November 16, 2011 transposing the directive
2008/52 / EC of the European Parliament and of the Council of 21 May 2008 on certain aspects
mediation in civil and commercial matters is ratified.
II to III. -Has modified the following provisions:
- Law n ° 95-125 of February 8, 1995

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Art. 22
Created the following provisions:
- Code of administrative justice
Sct. Chapter IV: Mediation, Sct. Chapter III: Mediation, Art.
L114-1, Sct. Section 1: General provisions, Art. L213-1, Art.
L213-2, Art. L213-3, Art. L213-4, Sct. Section 2: Mediation at the initiative
of the parties, Art. L213-5, Art. L213-6, Sct. Section 3: Mediation at
the judge's initiative, Art. L213-7, Art. L213-8, Art. L213-9, Art. L213-10
Repealed the following provisions:
- Code of administrative justice
Art. L211-4, Sct. Chapter I ter: Mediation, Art. L771-3, Art.
L771-3-1, Art. L771-3-2
IV. - On an experimental basis and at the latest until December 31, 2021, appeals
disputes formed by certain agents subject to the provisions of Law n ° 83-634 of
July 13, 1983 on the rights and obligations of civil servants against related acts
their personal situation and requests relating to benefits, allowances or
rights granted for social assistance or action, housing or in favor of
workers deprived of employment may be subject to compulsory prior mediation,
under conditions set by decree of the Council of State.
V. - Chapter III of Title I of Book II of the Administrative Justice Code is applicable
jurisdictions under the Council of State which are not governed by this code.
VI. - From the publication of this law, the conciliation missions entrusted
to a third party pursuant to Article L. 211-4 of the Administrative Justice Code, in its
drafting prior to this law, continue, with the agreement of the parties, according to the
administrative mediation regime defined in Chapter III of Title I of Book II of
same code, in its wording resulting from this law.
VII. - Modified the following provisions:
- Code of relations between the public and the administration
Art. L422-1, Art. L422-2
- Law n ° 68-1250 of December 31, 1968
Art. 2-1
Article 6
Modified the following provisions
● Amends Civil Code - art. 373-2-10 (M)

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Article 7

Modified by LAW n ° 2020-1721 of December 29, 2020 - art. 237
On an experimental basis and until December 31 of the sixth year following that of the
promulgation of this law, in the high courts appointed by a
order of the Keeper of the Seals, Minister of Justice, the following provisions are
applicable, notwithstanding Article 373-2-13 of the Civil Code.

Decisions fixing the modalities of the exercise of parental authority or the contribution
the maintenance and education of the child as well as the stipulations contained in the
approved agreement can be modified or supplemented at any time by the
judge, at the request of the parent (s) or the public prosecutor, who may himself be
seized by a third party, parent or not.

On pain of inadmissibility that the judge can raise ex officio, the referral to the judge by the
parents must be preceded by an attempt at family mediation, except:

1 ° If the request comes jointly from both parents in order to request
approval of an agreement in accordance with the terms set out in article 373-2-7 of the code
civil;

2 ° If the absence of recourse to mediation is justified by a legitimate reason;

3 ° If violence has been committed by one of the parents on the other parent or on
the child.
Article 8
Modified the following provisions
● Created Law n ° 95-125 of February 8, 1995 - art. 22-1 A (V)
Article 9
Modified the following provisions

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● Amends Civil Code - art. 2062 (V)
● Amends Civil Code - art. 2063 (V)
● Amends Civil Code - art. 2065 (V)
● Amends Civil Code - art. 2066 (V)
Article 10
Modified the following provisions
● Amends Civil Code - art. 2044 (V)
● Repeals Civil Code - art. 2047 (Ab)
● Amends Civil Code - art. 2052 (V)
● Repeals Civil Code - art. 2053 (Ab)
● Repeals Civil Code - art. 2054 (Ab)
● Repeals Civil Code - art. 2055 (Ab)
● Repeals Civil Code - art. 2056 (Ab)
● Repeals Civil Code - art. 2057 (Ab)
● Repeals Civil Code - art. 2058 (Ab)
Article 11
Modified the following provisions
● Modifies Civil Code - Title XVI: From the arbitration agreement (V)
● Amends Civil Code - art. 1592 (M)
● Amends Civil Code - art. 2061 (V)
● Amends Civil Code - art. 2412 (V)

Title III: PROVISIONS FOR THE IMPROVEMENT OF
THE ORGANIZATION AND OPERATION OF THE PUBLIC SERVICE
JUSTICE (Articles 12 to 43)
Chapter I: Provisions relating to the material jurisdiction of the court of
grand instance and the district court (Articles 12 to 16)
Article 12
Modified the following provisions
● Creates the Code of judicial organization - Chapter VIII: Special provisions in t ...
(VD)
● Repeals the Code of Judicial Organization - Single Chapter (VT)
● Repeals the Code of Judicial Organization - TITLE III: THE NATIONAL COURT OF
DISABILITY E ... (VT)
● Created Code of judicial organization - art. L211-16 (VD)

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● Created Code of judicial organization - art. L218-1 (VD)
● Created Code of judicial organization - art. L218-10 (MMN)
● Created Code of judicial organization - art. L218-11 (VD)
● Created Code of judicial organization - art. L218-12 (VD)
● Created Code of judicial organization - art. L218-2 (VD)
● Created Code of judicial organization - art. L218-3 (VD)
● Created Code of judicial organization - art. L218-4 (VD)
● Created Code of judicial organization - art. L218-5 (VD)
● Created Code of judicial organization - art. L218-6 (VD)
● Created Code of judicial organization - art. L218-7 (VD)
● Created Code of judicial organization - art. L218-8 (VD)
● Created Code of judicial organization - art. L218-9 (MMN)
● Modifies the Code of judicial organization - art. L261-1 (VD)
● Created Code of judicial organization - art. L311-15 (VD)
● Created Code of judicial organization - art. L311-16 (VD)
● Created Code of judicial organization - art. L312-6-2 (MMN)
● Repeals the Code of Judicial Organization - art. L331-1 (VT)
● Amends Rural and Maritime Fisheries Code - art. L751-16 (VD)
● Amends Rural and Maritime Fisheries Code - art. L752-19 (VD)
● Amends Labor Code - art. L4162-13 (VD)
● Modifies the Social Security Code. - Chapter 2: General and technical litigation of ...
(VD)
● Repeals the Social Security Code. - Chapter 3: Technical litigation of security ...
(VT)
● Repeals the Social Security Code. - Chapter 4: Common provisions - Dispositio ...
(VT)
● Modifies the Social Security Code. - Section 1: General provisions (VD)
● Repeals the Social Security Code. - Section 1: General provisions (VT)
● Repeals the Social Security Code. - Section 1: Membership provisions ...
(VT)
● Repeals the Social Security Code. - Section 2: Provisions relating to assistance ...
(VT)
● Repeals the Social Security Code. - Section 2: The litigation courts of the i ...
(VT)
● Modifies the Social Security Code. - Section 2: Compulsory prior appeal (VD)
● Created the Social Security Code. - Section 3: Jurisdiction (VD)
● Repeals the Social Security Code. - Section 3: National Court of Incapacity and ...
(VT)
● Repeals the Social Security Code. - Section 3: Appeal in cassation (VT)
● Modifies the Social Security Code. - Section 4: Provision and representation (VD)
● Repeals the Social Security Code. - Section 4: Litigation expenses (VT)
● Created the Social Security Code. - Section 5: Judicial expertise (MMN)
● Repeals the Social Security Code. - Sub-section 1: Competence and organization. (VT)
● Repeals the Social Security Code. - Sub-section 1: Competence and organization. (VT)

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● Repeals the Social Security Code. - Sub-section 1: Court of security affairs ...
(VT)
● Modifies the Social Security Code. - art. L141-1 (VD)
● Modifies the Social Security Code. - art. L142-1 (VD)
● Created the Social Security Code. - art. L142-10 (MMN)
● Modifies the Social Security Code. - art. L142-2 (MMN)
● Modifies the Social Security Code. - art. L142-2 (VD)
● Modifies the Social Security Code. - art. L142-3 (VD)
● Modifies the Social Security Code. - art. L142-4 (MMN)
● Modifies the Social Security Code. - art. L142-5 (VD)
● Modifies the Social Security Code. - art. L142-6 (VD)
● Modifies the Social Security Code. - art. L142-7 (MMN)
● Modifies the Social Security Code. - art. L142-8 (VD)
● Modifies the Social Security Code. - art. L142-9 (VD)
● Repeals the Social Security Code. - art. L143-1 (VT)
● Repeals the Social Security Code. - art. L143-1-1 (VT)
● Repeals the Social Security Code. - art. L143-10 (VT)
● Repeals the Social Security Code. - art. L143-11 (VT)
● Repeals the Social Security Code. - art. L143-2 (VT)
● Repeals the Social Security Code. - art. L143-2-1 (VT)
● Repeals the Social Security Code. - art. L143-2-3 (VT)
● Repeals the Social Security Code. - art. L143-2-4 (VT)
● Repeals the Social Security Code. - art. L143-3 (VT)
● Repeals the Social Security Code. - art. L143-4 (VT)
● Repeals the Social Security Code. - art. L143-5 (VT)
● Repeals the Social Security Code. - art. L143-6 (VT)
● Repeals the Social Security Code. - art. L143-7 (VT)
● Repeals the Social Security Code. - art. L143-8 (VT)
● Repeals the Social Security Code. - art. L143-9 (VT)
● Repeals the Social Security Code. - art. L143-9-1 (VT)
● Repeals the Social Security Code. - art. L144-1 (M)
● Repeals the Social Security Code. - art. L144-2 (VT)
● Repeals the Social Security Code. - art. L144-3 (VT)
● Repeals the Social Security Code. - art. L144-4 (VT)
● Repeals the Social Security Code. - art. L144-5 (VT)
● Modifies the Social Security Code. - art. L242-5 (VD)
● Modifies the Social Security Code. - art. L323-6 (MMN)
● Modifies the Social Security Code. - art. L357-14 (VD)
● Modifies the Social Security Code. - art. L381-1 (VD)
● Modifies the Social Security Code. - art. L381-20 (VD)
● Modifies the Social Security Code. - art. L752-10 (VD)
● Modifies the Social Security Code. - art. L752-12 (VD)
● Modifies the Social Security Code. - art. L861-5 (VD)
● Modifies the Social Security Code. - art. L863-3 (VD)

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● Modifies the Code of social action and families - Chapter IV: Litigation. (VD)
● Created the Code of Social Action and Families - Section 3: Assistance and representation
(VD)
● Created the Code of social action and families - Section 1: Litigation of admission to
help ... (VD)
● Created the Code of Social Action and Families - Section 2: Jurisdiction
(VD)
● Modifies the Code of social action and families - art. L122-4 (MMN)
● Modifies the Code of social action and families - art. L122-4 (VD)
● Modifies the Code of social action and families - art. L134-1 (VD)
● Repeals the Social Action and Families Code - art. L134-10 (VT)
● Modifies the Code of social action and families - art. L134-2 (MMN)
● Modifies the Code of social action and families - art. L134-2 (VD)
● Modifies the Code of social action and families - art. L134-3 (MMN)
● Modifies the Code of social action and families - art. L134-3 (VD)
● Modifies the Code of social action and families - art. L134-4 (VD)
● Repeals the Social Action and Families Code - art. L134-5 (VT)
● Repeals the Social Action and Families Code - art. L134-6 (VD)
● Repeals the Social Action and Families Code - art. L134-7 (VT)
● Repeals the Social Action and Families Code - art. L134-8 (VT)
● Repeals the Social Action and Families Code - art. L134-9 (VT)
● Modifies the Code of social action and families - art. L232-20 (VD)
● Repeals the Social Action and Families Code - art. L245-10 (VT)
● Modifies the Code of social action and families - art. L245-2 (VD)
● Modifies the Code of social action and families - art. L581-5 (VD)
● Modifies the Code of social action and families - art. L581-7 (VD)
Article 13
Modified the following provisions
● Modifies the Social Security Code. - art. L376-1 (M)
Article 14
Modified the following provisions
● Created Code of judicial organization - art. L211-4-1 (VD)
Article 15

I to IV. - Modified the following provisions:
- Code of Criminal Procedure

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Art. 45, Art. 521, Art. 529-7
Created the following provisions:
- Code of judicial organization
Art. L211-9-1
Modified the following provisions:
- Code of judicial organization
Art. L212-6, Art. L221-1, Sct. Sub-section 4: Jurisdiction of the court
from police
Modified the following provisions:
- Code of judicial organization
Art. L211-1
Modified the following provisions:
- Code of Criminal Procedure
Art. 41-2, Art. 398
Repealed the following provisions:
- Code of judicial organization
Art. L222-3, Sct. Section 2: The public prosecutor
Modified the following provisions:
- Code of judicial organization
Sct. Chapter I bis: Local judges, Art. L121-5, Art. L121-6,
Art. L121-7, Art. L121-8, Art. L212-3-1, Art. L222-1-1, Art. L532-15-2,
Art. L552-8, Art. L562-8
Modified the following provisions:
- Code of Criminal Procedure
Art. 41-3, Art. 523
V. - The II and III of this article come into force on July 1, 2017.
On that date, in civil matters, the proceedings in progress before the local courts are
transferred as is to the district court. The summons and summons given to
parties can be delivered before this date for an appearance after this date
before the district court.

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On that date, in criminal matters, the proceedings in progress before the police courts and
abolished local jurisdictions are transferred as is to the police courts
territorially competent. Summons and summons given to parties and witnesses
may be issued before that date for an appearance after that date before the
newly competent police court.
There is no need to renew the acts, formalities and judgments regularly entered into before
the transfer of civil and criminal proceedings, with the exception of summons and summons
given to parties and witnesses who have not been followed by an appearance before the
jurisdiction deleted. The parties who have appeared before the abolished jurisdiction are informed
by one or the other of the courts that it is their responsibility to perform the acts of the procedure
before the court to which the proceedings are transferred. Archives and registry minutes
of the deleted jurisdiction are transferred to the registry of the police or district courts
competent. The costs of transferring these archives and minutes are charged to the credit opened at
this effect to the budget of the Ministry of Justice.

Article 16
Modified the following provisions
● Amends Civil Code - art. 26 (VT)
● Amends Civil Code - art. 26-1 (VT)
● Amends Civil Code - art. 26-3 (VT)
● Amends Civil Code - art. 31 (VT)
● Amends Civil Code - art. 31-2 (VT)
● Amends Civil Code - art. 31-3 (VT)
● Amends Civil Code - art. 33-1 (VT)
● Amends Civil Code - art. 365 (VT)
● Amends Civil Code - art. 372 (VT)
● Amends Civil Code - art. 386 (VT)
● Amends Civil Code - art. 387-5 (VT)
● Amends Civil Code - art. 412 (VT)
● Amends Civil Code - art. 422 (VT)
● Amends Civil Code - art. 511 (M)
● Amends Civil Code - art. 512 (M)
● Amends Code of Criminal Procedure - art. 242 (V)
● Amends Code of Criminal Procedure - art. 261-1 (V)
● Amends Code of Criminal Procedure - art. 263 (V)
● Created Code of judicial organization - art. L222-4 (VT)
Chapter II: Provisions relating to the internal functioning of the courts
(Articles 17 to 24)
Article 17

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I.-Modified the following provisions:
-Code of Criminal Procedure
Art. 137-1, Art. 137-1-1
II.-Section I of this article comes into force on September 1, 2017.
Article 18
Modified the following provisions
● Modifies the Code of judicial organization - art. L111-6 (V)
● Modifies the Code of judicial organization - art. L111-7 (V)
Article 19
Modified the following provisions
● Modifies the Code of judicial organization - art. L251-5 (V)
Article 20
Modified the following provisions
● Amends Code of Criminal Procedure - art. 382 (V)
Article 21
I. - Modified the following provisions:
- Law n ° 71-498 of June 29, 1971
Art. 2
II. - Experts registered on the national list, in application of III of article 2 of law n ° 71-498
of June 29, 1971 relating to judicial experts, for seven years or less on the date of
publication of this law request their re-registration within a period of seven years from
of their registration. When the expiry of this period is less than six months after the
publication of this law, their registration is maintained for a period of six months from
of this deadline. Failure to submit a request within the time limits will result in the cancellation of the
the expert.
Experts registered on the national list for more than seven years on the date of publication of the
this law request their re-registration within six months from that date.
Failure to submit a request within the time limit results in the expulsion of the expert.
Article 22

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Modified the following provisions
● Amends Law n ° 71-1130 of December 31, 1971 - art. 17 (M)
● Amends Law n ° 71-1130 of December 31, 1971 - art. 21-1 (M)
Article 23
Modified the following provisions
● Amends Law n ° 71-1130 of December 31, 1971 - art. 21-1 (M)
Article 24
Modified the following provisions
● Creates the Code of judicial organization - Chapter III bis: Assistant jurists (V)
● Created Code of judicial organization - art. L123-4 (V)
Chapter III: Arrangements for improving the organization and
jurisdiction of criminal courts (Articles 25 to 27)
Article 25
Chapter I and II of article 30 of law n ° 2007-291 of 5 March 2007 tending to
strengthening the balance of criminal proceedings are repealed.
Modified the following provisions:
-Code of Criminal Procedure
Art. 50, Art. 52, Art. 84, Art. 85, Art. 206, Art. 207, Art. 207-1, Art.
221-3, Art. 397-2, Art. 804, Art. 877, Art. 905-1
Modified the following provisions:
-Code of Criminal Procedure
Art. 657, Art. 663, Art. 698, Art. 701, Art. 704, Art. 705-1, Art. 705-2,
Art. 706-2, Art. 706-17, Art. 706-18, Art. 706-19, Art. 706-22, Art.
706-25, Art. 706-45, Art. 706-76, Art. 706-77, Art. 706-78, Art. 706-107,
Art. 706-109, Art. 706-110, Art. 706-111
Modified the following provisions:
-Code of Criminal Procedure
Art. 52-1, Art. 80, Art. 118, Art. 186-3
Modified the following provisions:

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-Code of Criminal Procedure
Art. 80-1, Art. 80-1-1, Art. 137-1, Art. 137-2, Art. 138, Art. 139, Art. 140,
Art. 141-1, Art. 141-2, Art. 142, Art. 144-1, Art. 145, Art. 146, Art. 147,
Art. 148, Art. 148-1-1, Art. 175, Art. 175-2, Art. 176, Art. 177, Art. 178,
Art. 179, Art. 180, Art. 181, Art. 182, Art. 184, Art. 188, Art. 197, Art.
202, Art. 469, Art. 495-15, Art. 571
Modified the following provisions:
-Code of Criminal Procedure
Art. 83, Art. 113-8, Art. 116, Art. 175-1
Law n ° 2007-291 of March 5, 2007
Chapter I: Provisions establishing collegiality of instruction.
Article 26
Modified the following provisions
● Amends Code of Criminal Procedure - art. 706-2 (V)
Article 27
Modified the following provisions
● Moves LAW n ° 2016-1547 of November 18, 2016 - art. 27
● Created Code of Criminal Procedure - Chapter II: Attacks on cultural property ... (V)
● Created Code of Criminal Procedure - Chapter I: Pollution of marine waters ... (V)
● Modifies the Code of Criminal Procedure - Title XXVI: Of the procedure applicable in the event ...
(V)
● Created Code of Criminal Procedure - art. 706-107 (V)
● Created Code of Criminal Procedure - art. 706-108 (V)
● Created Code of Criminal Procedure - art. 706-109 (V)
● Created Code of Criminal Procedure - art. 706-110 (V)
● Created Code of Criminal Procedure - art. 706-111 (V)
● Created Code of Criminal Procedure - art. 706-111-1 (V)
● Created Code of Criminal Procedure - art. 706-111-2 (V)
● Amends Heritage Code - art. L544-10 (V)
Chapter IV: Arrangements for improving the organization and
operation of juvenile justice (Articles 28 to 33)
Article 28
Modified the following provisions
● Modifies the Code of social action and families - art. L228-4 (V)

Page 17

Article 29
I.-Modified the following provisions:
-Order n ° 45-174 of February 2, 1945
Art. 1, Art. 2, Art. 3, Art. 6, Art. 8, Art. 24-5, Art. 8-2, Art. 9, Art. 10, Art.
12, Art. 13, Art. 24-7, Sct. Chapter III bis: The criminal court
for minors
II.-Has repealed the following provisions:
Code of judicial organization
Sct. Chapter I bis: The correctional court for minors, Art. L251-7, Art. L251-8
III.-The I and II of this article come into force on the first day of the second month
following the publication of this law. All minors returned on this date
before the criminal court for minors are automatically referred to the
juvenile court and all adults referred to court on that date
correctional system for minors are automatically referred to court
correctional, without having to renew the acts, formalities and judgments
regularly intervened before this date, with the exception of invitations and summons
given to parties and witnesses who were not followed by an appearance
before the abolished jurisdiction. When the referral is decided by a court of
judgment or instruction on the day of publication of this law or
subsequently, minors falling under the jurisdiction of the criminal court
for minors in application of the ordinance n ° 45-174 of February 2, 1945 relating to
child delinquency, in its wording prior to this law, come under the
jurisdiction of the juvenile court and should be referred to the juvenile court.
Article 30
Modified the following provisions
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 19 (VT)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 2 (VT)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 20 (VT)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 20-10 (V)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 20-2 (VT)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 48 (VT)
Article 31
Modified the following provisions
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 12 (VT)

Page 18

● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 4 (VD)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 5 (VT)
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 8-1 (VT)
Article 32
Modified the following provisions
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 24-5 (VT)
Article 33
Modified the following provisions
● Modifies Ordinance n ° 45-174 of February 2, 1945 - art. 43 (VT)
Chapter V: Provisions improving the punishment of certain traffic offenses
(Articles 34 to 37)
Article 34
I. to III. - Modified the following provisions:
- Traffic Laws.
Art. L121-3, Art. L121-4-1, Art. L121-6, Art. L130-9, Sct. Chapter 3:
Provisions applicable in New Caledonia, Polynesia
French and in the Wallis and Futuna Islands, Art. L143-1, Art. L221-2-1,
Art. L325-1-2
- Code of Criminal Procedure
Art. 138, Art. 529-10, Art. 530-3, Art. 530-6, Art. 530-7
- Penal Code
Art. 132-45
IV.-A.-Point 3 of I of this article comes into force on January 1, 2017.
B.-The 1 ° and 4 ° of the same I come into force on the date fixed by the decree in Council
of State mentioned in the same 1 ° and 4 °, and at the latest one year after the promulgation of
this law.
NOTE:
The 1 ° of article 2 of decree n ° 2016-1955 of December 28, 2016 set December 31, 2016 as the date of
the entry into force of 1 ° and 4 ° of I of article 34 of law n ° 2016-1547 of November 18, 2016.

Article 35
I. to IV. - Modified the following provisions:

Page 19

- Insurance Code
Art. L211-27, Art. L421-1, Art. L451-1-1, Art. L451-1-2, Art. L451-2, Art.
L451-4, Art. L451-5
- Traffic Laws.
Art. L330-2
- Internal security code
Art. L233-1-1, Art. L251-2
- Internal security code
, Art. L233-2
V.-A decree in the Council of State fixes the modalities of application and the dates of entry into force
of this article, which occurs no later than December 31, 2018.
Article 36
Modified the following provisions
● Created Code of Criminal Procedure - Section 9: Procedure for the fine forfeit ... (V)
● Created Code of Criminal Procedure - art. 495-17 (M)
● Created Code of Criminal Procedure - art. 495-18 (V)
● Created Code of Criminal Procedure - art. 495-19 (M)
● Created Code of Criminal Procedure - art. 495-20 (M)
● Created Code of Criminal Procedure - art. 495-21 (M)
● Created Code of Criminal Procedure - art. 495-22 (M)
● Created Code of Criminal Procedure - art. 495-23 (Ab)
● Created Code of Criminal Procedure - art. 495-24 (V)
● Created Code of Criminal Procedure - art. 495-25 (V)
● Modifies the Highway Code. - art. L221-2 (V)
● Modifies the Highway Code. - art. L324-2 (V)
Article 37
I. - Modified the following provisions:
- Traffic Laws.
Sct. Chapter, Art. L223-10, Art. L223-11, Art. L225-1, Art. L225-3, Art.
L225-4, Art. L225-5, Art. L311-2, Art. L322-1-1
II.-The 1 ° to 5 ° of I of this article come into force on a date fixed by decree in Council
State, and at the latest one year after the promulgation of this law.
Chapter VI: Provisions relating to the procedure before the Court of Cassation
(Articles 38 to 43)
Article 38

Page 20

Modified the following provisions
● Modifies the Code of judicial organization - art. L411-3 (V)
Article 39
Modified the following provisions
● Created Code of judicial organization - art. L 431-3-1 (V)
Article 40
Modified the following provisions
● Modifies the Code of judicial organization - art. L432-1 (V)
Article 41
Modified the following provisions
● Created Code of judicial organization - art. L 441-2-1 (V)
● Modifies the Code of judicial organization - art. L432-1 (V)
● Modifies the Code of judicial organization - art. L441-2 (V)
Article 42
I.-Modified the following provisions:
-Code of the judicial organization
Sct. Chapter I: Review and re-examination in criminal matters, Art. L451-2
Created the following provisions:
-Code of the judicial organization
Sct. Chapter II: Review in civil matters, Art. L452-1,
Art. L452-2, Art. L452-3, Art. L452-4, Art. L452-5, Art.
L452-6
II.-Section I of this article comes into force on a fixed date
by decree in the Council of State, and no later than six months after
the promulgation of this law.
III.-On a transitional basis, requests for review
presented in application of articles L. 452-1 to L. 452-6
of the code of judicial organization and motivated by a
decision of the European Court of Human Rights

Page 21

the man made before the entry into force of I of this
item can be formed within one year to
from this entry into force. For the application of
same Articles L. 452-1 to L. 452-6, the decisions of the Committee
ministers of the Council of Europe, after a
decision of the European Commission of Human Rights
man, in application of article 32 of the convention
European Union for the Protection of Human Rights and
fundamental freedoms or paragraph 6 of Article 5 of
its Protocol n ° 11, are assimilated to the decisions of the Court
European Human Rights Commission.
Article 43
Modified the following provisions
● Amends Code of Criminal Procedure - art. 2-1 (M)
● Amends Code of Criminal Procedure - art. 2-10 (M)
● Amends Code of Criminal Procedure - art. 2-11 (V)
● Amends Code of Criminal Procedure - art. 2-12 (V)
● Amends Code of Criminal Procedure - art. 2-13 (M)
● Amends Code of Criminal Procedure - art. 2-14 (V)
● Amends Code of Criminal Procedure - art. 2-15 (V)
● Amends Code of Criminal Procedure - art. 2-16 (V)
● Amends Code of Criminal Procedure - art. 2-17 (M)
● Amends Code of Criminal Procedure - art. 2-18 (V)
● Amends Code of Criminal Procedure - art. 2-19 (V)
● Amends Code of Criminal Procedure - art. 2-2 (M)
● Amends Code of Criminal Procedure - art. 2-20 (V)
● Amends Code of Criminal Procedure - art. 2-21 (V)
● Amends Code of Criminal Procedure - art. 2-21-1 (V)
● Amends Code of Criminal Procedure - art. 2-22 (V)
● Amends Code of Criminal Procedure - art. 2-23 (V)
● Amends Code of Criminal Procedure - art. 2-3 (V)
● Amends Code of Criminal Procedure - art. 2-4 (V)
● Amends Code of Criminal Procedure - art. 2-5 (V)
● Amends Code of Criminal Procedure - art. 2-6 (M)
● Amends Code of Criminal Procedure - art. 2-8 (V)
● Amends Code of Criminal Procedure - art. 2-9 (V)
● Amends Code of Criminal Procedure - art. 807 (M)
● Modifies the Town planning code - art. L480-4 (M)
● Amends Heritage Code - art. L114-6 (V)

Page 22

Title IV: REFOCUSING JURISDICTIONS ON THEIR MISSIONS
ESSENTIAL (Articles 44 to 59)
Chapter I: Provisions relating to successions (Articles 44 to 47)
Article 44
Modified the following provisions
● Amends Civil Code - art. 1007 (VD)
● Repeals Civil Code - art. 1008 (VT)
● Amends Civil Code - art. 1030-2 (VD)
Article 45
Modified the following provisions
● Amends Civil Code - art. 804 (VD)
Article 46
Modified the following provisions
● Amends Civil Code - art. 788 (VD)
Article 47
Modified the following provisions
● Amends Civil Code - art. 809-1 (V)
Chapter II: Unions and separations (Articles 48 to 50)
Article 48
I. II.-Modified the following provisions:
-Civil Code
Art. 461, Art. 462, Art. 515-3, Art. 515-3-1, Art. 515-7
-Law n ° 99-944 of November 15, 1999
Art. 14-1
Repealed the following provisions:
-Civil Code
Art. 2499

Page 23

III.-The terms of application of this article are defined by decree of the Council of State.
Article 49
Modified the following provisions
● Creates the general code of local authorities - art. L 2121-30-1 (V)
Article 50
Modified the following provisions
● Amends Law n ° 75-618 of July 11, 1975 - art. 1 (MMN)
● Amends Law n ° 91-647 of July 10, 1991 - art. 10 (VD)
● Created Law n ° 91-647 of July 10, 1991 - art. 39-1 (VD)
● Modifies the General Tax Code, CGI. - art. 1691 bis (VD)
● Modifies the General Tax Code, CGI. - art. 199 octodecies (VD)
● Amends Criminal Code - art. 227-3 (VD)
● Amends Criminal Code - art. 227-6 (VD)
● Amends Civil Code - Chapter II: Judicial divorce proceedings ... (VD)
● Created Civil Code - Paragraph 1: Divorce by mutual consent ... (VD)
● Created Civil Code - Paragraph 2: Divorce by mutual consent ... (VD)
● Amends Civil Code - Section 2: Procedure applicable to divorce ... (VD)
● Amends Civil Code - Section 3: Procedure applicable to other ... (VD)
● Amends Civil Code - art. 229 (VD)
● Created Civil Code - art. 229-1 (VD)
● Created Civil Code - art. 229-2 (VD)
● Created Civil Code - art. 229-3 (VD)
● Created Civil Code - art. 229-4 (VD)
● Amends Civil Code - art. 230 (VD)
● Moves Civil Code - art. 232 (VD)
● Amends Civil Code - art. 247 (VD)
● Amends Civil Code - art. 260 (VD)
● Amends Civil Code - art. 262 (VD)
● Amends Civil Code - art. 262-1 (VD)
● Amends Civil Code - art. 265 (VD)
● Amends Civil Code - art. 278 (VD)
● Amends Civil Code - art. 279 (VD)
● Amends Civil Code - art. 296 (VD)
● Amends Civil Code - art. 373-2-13 (VD)
● Modifies the Social Security Code. - art. L523-1 (MMN)
● Modifies the Social Security Code. - art. L581-10 (MMN)
● Modifies the Social Security Code. - art. L581-2 (MMN)
● Modifies the Social Security Code. - art. L581-6 (MMN)
● Amends the Code of Civil Enforcement Procedures - art. L111-3 (VD)

Page 24

● Amends the Code of Civil Enforcement Procedures - art. L213-1 (VD)
Chapter III: Provisions relating to civil status (Articles 51 to 57)
Article 51
1 ° to 4 ° Has modified the following provisions:
- Civil Code
Art. 40, Art. 48, Art. 49, Art. 53
5 ° [Provisions declared non-compliant with the Constitution by the decision of the Council
Constitutional No. 2016-739 of November 17, 2016.]
Article 52
Modified the following provisions
● Amends Civil Code - art. 70 (V)
● Amends Civil Code - art. 78 (V)
Article 53
Modified the following provisions
● Created Civil Code - Chapter VIII: Publicity of acts of ... (V)
● Created Civil Code - art. 101-1 (V)
● Created Civil Code - art. 101-2 (V)
Article 54
Modified the following provisions
● Amends Civil Code - art. 55 (V)
Article 55
Modified the following provisions
● Amends Law n ° 68-671 of July 25, 1968 - art. 6 (V)
● Amends Law n ° 68-671 of July 25, 1968 - art. 7 (V)
● Modifies Civil Code - Chapter VII: Cancellation and rectification ... (V)
● Amends Civil Code - art. 100 (V)
● Amends Civil Code - art. 127 (V)
● Amends Civil Code - art. 76 (V)
● Amends Civil Code - art. 87 (V)
● Amends Civil Code - art. 91 (V)

Page 25

● Amends Civil Code - art. 99 (V)
● Civil Code transfer - art. 99-1 (V)
● Amends Civil Code - art. 99-1 (V)
● Created Civil Code - art. 99-2 (V)
Article 56
Modified the following provisions
● Created Civil Code - Section 2 bis: Modification of the mentio ... (V)
● Amends Civil Code - art. 60 (V)
● Created Civil Code - art. 61-5 (V)
● Created Civil Code - art. 61-6 (VT)
● Created Civil Code - art. 61-7 (V)
● Created Civil Code - art. 61-8 (V)
Article 57
Modified the following provisions
● Modifies Ordinance n ° 2000-218 of March 8, 2000 - art. 10 (V)
● Modifies Ordinance n ° 2000-218 of March 8, 2000 - art. 5 (V)
● Creates Ordinance n ° 2000-218 of March 8, 2000 - art. 7-1 (V)
● Amends Civil Code - art. 311-23 (V)
● Created Civil Code - art. 311-24-1 (V)
● Created Civil Code - art. 61-3-1 (V)
● Amends Civil Code - art. 61-4 (V)
Chapter IV: Provisions relating to over-indebtedness (Article 58)
Article 58

I. - Modified the following provisions:
- Consumer Code
Art. L743-1, Sct. Chapter III: Provisions common to
personal recovery without judicial liquidation and to the procedure
personal recovery with judicial liquidation, Art. L743-2, Art.
L752-2, Art. L752-3, Art. L761-1, Art. L761-2
Modified the following provisions:
- Consumer Code

Page 26

Art. L711-5, Art. L711-8, Art. L712-2, Art. L722-3, Art. L722-14, Art.
L722-9, Art. L722-16, Art. L724-3, Art. L724-2, Art. L724-1, Art. L724-4,
Art. L731-1, Art. L731-3, Art. L732-4, Sct. Chapter III: Measures
imposed, Art. L733-2, Art. L733-4, Art. L733-6, Art. L733-7, Art.
L733-8, Art. L733-9, Sct. Section 2: Contestation of measures
imposed, Art. L733-10, Art. L733-11, Art. L733-13, Art. L733-12, Art.
L733-14, Sct. Section 3: Provisions common to the measures
imposed or recommended and their challenge, Art. L733-18, Art.
L733-17, Art. L733-16, Art. L733-15, Sct. Chapter I: Restoration
personnel without judicial liquidation, Sct. Section 1: Decision of the
commission imposing personal recovery without liquidation
judicial, Art. L741-1, Art. L741-2, Art. L741-3, Sct. Section 2:
Challenge of the commission's decision imposing a
personal recovery without judicial liquidation, Art. L741-4, Art.
L741-5, Art. L741-6, Sct. Section 3: Personal recovery without
judicial liquidation pronounced by the judge seized of an appeal against
imposed measures, Art. L741-7, Art. L741-8, Art. L741-9, Art.
L741-10, Art. L742-1, Art. L742-24, Art. L742-2, Art. L743-1
II.-This article comes into force on January 1, 2018. It applies to the procedures of
over-indebtedness in progress on that date, except when the trial judge has been referred to the
over-indebtedness commission for probate purposes. In this case, the case is continued and
judged in accordance with Book VII of the Consumer Code, in its drafting prior to the
this law.
Chapter V: Provisions relating to the irregular change of use of a room
(Article 59)
Article 59
Modified the following provisions
● Modifies the Construction and Housing Code. - art. L651-2 (M)

Title V: GROUP ACTION (Articles 60 to 92)
Chapter I: Group action before the judicial judge (Articles 60 to 84)
Article 60

Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 27 (VD)
Subject to the specific provisions for each of these actions, the
this chapter is applicable to the following actions before the judicial judge:

Page 27

1 ° The action initiated on the basis of Law No. 2008-496 of May 27, 2008 on
various provisions for adapting to Community law in the field of
fight against discrimination;
2 ° The action opened on the basis of Articles L. 1134-6 to L. 1134-10 of the Code of
job ;
3 ° The action initiated on the basis of Article L. 142-3-1 of the Code of
the environment ;
4 ° The action initiated on the basis of Chapter III of Title IV of Book I of the
first part of the public health code;
5 ° The action initiated on the basis of article 37 of law n ° 78-17 of January 6
1978 relating to data processing, files and freedoms.
NOTE:
In accordance with Article 29 of Ordinance No. 2018-1125 of December 12, 2018, these provisions
come into force at the same time as decree n ° 2019-536 of 29 May 2019 taken for the application of
the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms on June 1, 2019.

Article 61

Unless otherwise provided, the class action is brought and governed according to the rules
provided for in the Code of Civil Procedure.
Section 1: Object of the class action, capacity to bring proceedings and introduction of
the instance (Articles 62 to 64)
Article 62

When several people in a similar situation experience a
damage caused by the same person, having for common cause a
a similar breach of its legal or contractual obligations, a
Class action may be taken in court in view of the individual cases presented
by the applicant.
This action may be exercised with a view to either the cessation of the breach
mentioned in the first paragraph, or the engagement of the responsibility of the
person who caused the damage in order to obtain compensation for the damage
suffered, either of these two ends.
Article 63

Page 28

Only approved associations and regularly declared associations
for at least five years, the statutory purpose of which includes the defense of interests
infringed can take the action referred to in Article 62.
Article 64

Prior to the introduction of the group action, the person having quality
to act puts the one against whom it intends to act by the
way of group action to cease or bring to an end the breach or
repair the damage suffered.
On penalty of inadmissibility that the judge can raise ex officio, so that the person
formal notice may take measures to cease or put an end to the
breach or repair the damage suffered, the class action cannot be
introduced only at the expiration of a period of four months from the receipt of
this formal notice.
Section 2: Cessation of the breach (Article 65)
Article 65

When the class action tends to end the breach, the judge, if he
finds the existence of a breach, orders the defendant to cease or
cease the said breach and take, within a period fixed by it, all
measures useful for this purpose, if necessary with the help of a third party that he designates. When the
judge pronounces a fine, this one is liquidated for the profit of the Public Treasury.
Section 3: Compensation for damage (Articles 66 to 74)
Sub-section 1: Judgment on liability (Articles 66 to 68)
Article 66

When the class action seeks to repair the prejudices suffered, the judge
rule on the liability of the defendant.
It defines the group of people towards whom the responsibility of the
defendant is committed by setting the criteria for joining the group and

Page 29

determines the damages likely to be repaired for each of the
categories of persons constituting the group he has defined.
It also sets the time limit within which the persons meeting the criteria for
connection and wishing to take advantage of the judgment on responsibility
can join the group in order to obtain compensation for their damage.
Article 67

The judge who recognizes the responsibility of the defendant orders, at the expense of
the latter, the appropriate publicity measures to inform of this decision
persons likely to have suffered damage caused by the fact
generator found.
These measures can only be implemented once the judgment
mentioned in Article 66 may no longer be the subject of ordinary recourse or of
appeal in cassation.
Article 68

When the applicant for the action so requests and the elements produced as such
that the nature of the prejudices allow it, the judge can decide the
implementation of a collective compensation procedure.
To this end, it empowers the plaintiff to negotiate with the defendant
compensation for the damage suffered by each of the persons constituting the
group. It determines, in the same judgment, the amount or all the elements
allowing the assessment of damages likely to be repaired for
each of the categories of people constituting the group it has defined. He fixes
also the deadlines and modalities according to which this negotiation and this
repair must take place.
The judge can also order the defendant to pay a deposit.
against costs not included in the costs incurred by the claimant to
the action.
Sub-section 2: Implementation of the judgment and compensation for damages
(Articles 69 to 73)
Paragraph 1: Individual procedure for compensation for damage
(Articles 69 to 71)

Page 30

Article 69

Within the time limits and conditions set by the judgment mentioned in article 66,
people wishing to join the group send a request for
compensation either to the person declared responsible by this judgment, or to the
plaintiff in the action, who thus receives mandate for the purposes of compensation.
This mandate does not constitute or imply the applicant's adhesion to the action.
It is equivalent to a mandate for the purposes of representation for the exercise of the action in
justice mentioned in article 71 and, where appropriate, for the forced execution
of the judgment pronounced at the end.
Article 70

The person declared responsible by the judgment mentioned in article 66
provides individual compensation for damage resulting from the fact
generator of responsibility recognized by the judgment and suffered by
people who meet the criteria for being part of the group and who have
adhered to it.
Article 71

Persons whose request has not been met under
Article 70 may apply to the judge who ruled on liability in view of
compensation for their damage under the conditions and limits set by the
judgment mentioned in article 66.
Paragraph 2: Collective proceedings for liquidation of damages (Articles
72 to 73)
Article 72

Within the time limits and conditions set by the judge in application of articles 66
and 68, those interested can join the group by
declaring to the plaintiff to action, who is responsible for soliciting
with the party responsible for repairing the damage.

Page 31

Membership of the group constitutes a mandate for the benefit of the applicant for the action at the
compensation purposes. To this end, the plaintiff in the action negotiates with the
defendant the amount of compensation, within the limits set by the
judgment mentioned in the same article 68.
This mandate does not constitute or imply the applicant's adhesion to the action.
It is equivalent to a mandate for the purposes of representation in the legal action mentioned in
article 73 and, where appropriate, for the enforcement of the judgment pronounced
at the end.
Article 73

Within a time limit which cannot be less than that fixed by the judgment
mentioned in article 66 for the adhesion of injured persons to the group, the
judge who ruled on liability is seized for the purpose of homologation of
the agreement, possibly partial, entered into between the parties and accepted by
the members of the group concerned.
The judge can refuse the homologation if the interests of the parties and
members of the group seemed to him insufficiently preserved in view of the
terms of the judgment mentioned in article 68 and may refer to the
negotiation for a further period of two months.
In the absence of total agreement, the judge is seized within the time limit set in the first
paragraph of this article for the purposes of settling the remaining damages.
In the latter case, the judge rules within the limits set by the judgment.
mentioned in the same article 68.
In the absence of referral to the court at the expiration of a period of one year from
day on which the judgment mentioned in the said article 68 has acquired the force of thing
judged, the members of the group may submit a request for
compensation to the person declared responsible by the judgment mentioned in
article 66. The individual procedure for compensation for damages defined
in paragraph 1 of this subsection is then applicable.
A civil fine of a maximum amount of € 50,000 may be imposed
against the plaintiff or the defendant in the proceedings when the latter has,
dilatory or abusive manner, hinders the conclusion of an agreement on the
basis of the judgment mentioned in article 68.
Sub-section 3: Management of funds received for compensation of
group members (Article 74)

Page 32

Article 74

Subject to legislative provisions relating to the handling of funds
regulated legal professions, any sum received in respect of
compensation for injured parties who are members of the group is immediately
paid into an account opened with the Caisse des Dépôts et Consignations.
This can only be the subject of debit movements for the payment of
the case which gave rise to the filing.
Section 4: Mediation (Articles 75 to 76)
Article 75

The person mentioned in article 63 of this law may participate in a
mediation, under the conditions set out in Chapter I of Title II of Law No. 95-125
of 8 February 1995 relating to the organization of courts and civil procedure,
criminal and administrative, in order to obtain compensation for individual damages.
Article 76

Any agreement negotiated on behalf of the group is subject to approval by the judge, who
checks whether it is in line with the interests of those to whom it is intended to apply and
gives it binding force.
This agreement specifies the publicity measures necessary to inform of its
existence of the persons likely to be compensated on its basis, as well
as the deadlines and modalities to benefit from it.
Section 5: Miscellaneous provisions (Articles 77 to 84)
Article 77

The class action suspends the limitation period for individual damages actions
damage resulting from breaches noted by the judge or from the facts
retained in the agreement approved pursuant to Article 76.
The limitation period begins to run again, for a period which cannot be
less than six months, from the date on which the judgment is no longer

Page 33

subject to ordinary recourse or cassation appeal or from the
date of approval of the agreement.
Article 78

The judgment mentioned in article 66 and that resulting from the application of article
76 have the authority of res judicata with regard to each of the persons whose
damage was repaired at the end of the procedure.
Article 79

Membership of the group does not preclude the right to act in accordance with legal remedies
common to obtain compensation for damages not falling within the scope
defined by the judgment mentioned in article 66 which is no longer liable to
ordinary appeal or cassation appeal or an agreement homologated in
application of section 76.
Article 80

Class action based on the same operative event is not admissible,
the same breach and compensation for the same prejudices as those recognized
by the judgment mentioned in article 66 or by an agreement homologated in
application of section 76.
Article 81

When the judge has been seized of an action pursuant to article 62 and the
plaintiff in the action is in default, any person having standing to act as
principal can ask the judge for his substitution in the rights of the plaintiff.
Article 82

Any clause the object or effect of which is to prohibit a
person to participate in a group action.
Article 83

Page 34

The plaintiff in the action can take action directly against the insurer guaranteeing the
civil liability of the person responsible in application of article L. 124-3 of the code
insurance.
Article 84
Modified the following provisions
● Modifies the Consumer Code - art. L623-10 (V)
● Created Code of judicial organization - art. L 211-9-2 (V)
● Repeals the Code of Judicial Organization - art. L211-15 (Ab)
Chapter II: Class action before the administrative judge (Article 85)
Article 85
Modified the following provisions
● Created the Code of Administrative Justice - Chapter X: Group action (V)
● Created Code of Administrative Justice - Paragraph 1: Individual repair procedure ...
(V)
● Created Code of Administrative Justice - Paragraph 2: Collective liquidation procedure ...
(V)
● Created the Code of Administrative Justice - Section 1: Object of the class action, quality ... (V)
● Created the Code of Administrative Justice - Section 2: Cessation of the breach (V)
● Created the Code of Administrative Justice - Section 3: Reparation of prejudices (V)
● Created Code of Administrative Justice - Section 4: Mediation (V)
● Created the Code of Administrative Justice - Section 5: Miscellaneous provisions (V)
● Creates Code of Administrative Justice - Sub-section 1: Judgment on responsibility (V)
● Created Code of Administrative Justice - Sub-section 2: Implementation of the judgment and r ...
(V)
● Created Code of Administrative Justice - Sub-section 3: Management of funds received under ...
(V)
● Created Code of Administrative Justice - art. L77-10-1 (V)
● Created Code of Administrative Justice - art. L77-10-10 (V)
● Created Code of Administrative Justice - art. L77-10-11 (V)
● Created Code of Administrative Justice - art. L77-10-12 (V)
● Created Code of Administrative Justice - art. L77-10-13 (V)
● Created Code of Administrative Justice - art. L77-10-14 (V)
● Created Code of Administrative Justice - art. L77-10-15 (V)
● Created Code of Administrative Justice - art. L77-10-16 (V)
● Created Code of Administrative Justice - art. L77-10-17 (V)
● Created Code of Administrative Justice - art. L77-10-18 (V)
● Created Code of Administrative Justice - art. L77-10-19 (V)

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● Created Code of Administrative Justice - art. L77-10-2 (V)
● Created Code of Administrative Justice - art. L77-10-20 (V)
● Created Code of Administrative Justice - art. L77-10-21 (V)
● Created Code of Administrative Justice - art. L77-10-22 (V)
● Created Code of Administrative Justice - art. L77-10-23 (V)
● Created Code of Administrative Justice - art. L77-10-24 (V)
● Created Code of Administrative Justice - art. L77-10-25 (V)
● Created Code of Administrative Justice - art. L77-10-3 (V)
● Created Code of Administrative Justice - art. L77-10-4 (V)
● Created Code of Administrative Justice - art. L77-10-5 (V)
● Created Code of Administrative Justice - art. L77-10-6 (V)
● Created Code of Administrative Justice - art. L77-10-7 (V)
● Created Code of Administrative Justice - art. L77-10-8 (V)
● Created Code of Administrative Justice - art. L77-10-9 (V)
Chapter III: Group action in matters of discrimination (Articles 86 to 88)
Section 1: General provisions (Article 86)
Article 86
Modified the following provisions
● Amends LAW n ° 2008-496 of May 27, 2008 - art. 1 (M)
● Transfer LAW n ° 2008-496 of May 27, 2008 - art. 10 (V)
● Amends LAW n ° 2008-496 of May 27, 2008 - art. 10 (V)
● Creates LAW n ° 2008-496 of May 27, 2008 - art. 11 (V)
● Amends LAW n ° 2008-496 of May 27, 2008 - art. 2 (V)
● Amends LAW n ° 2008-496 of May 27, 2008 - art. 4 (M)
● Amends Criminal Code - art. 225-1 (V)
● Amends Criminal Code - art. 225-3 (V)
Section 2: Group action on discrimination in relationships
falling under the labor code (Article 87)
Article 87
Modified the following provisions
● Created the Labor Code - Section 1: Common provisions (V)
● Created the Labor Code - Section 2: Provisions specific to the action ... (V)
● Amends Labor Code - art. L1132-1 (M)
● Moves Labor Code - art. L1134-1 (V)
● Created Labor Code - art. L1134-10 (V)
● Moves Labor Code - art. L1134-2 (V)
● Moves Labor Code - art. L1134-3 (V)

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● Moves Labor Code - art. L1134-4 (M)
● Moves Labor Code - art. L1134-5 (V)
● Created Labor Code - art. L1134-6 (V)
● Created Labor Code - art. L1134-7 (M)
● Created Labor Code - art. L1134-8 (V)
● Created Labor Code - art. L1134-9 (V)
Section 3: Class action in matters of discrimination attributable to
employer and brought before administrative jurisdiction (Article 88)
Article 88
Modified the following provisions
● Created the Code of Administrative Justice - Chapter XI: Group action relating to a ...
(V)
● Created Code of Administrative Justice - art. L77-11-1 (V)
● Created Code of Administrative Justice - art. L77-11-2 (V)
● Created Code of Administrative Justice - art. L77-11-3 (V)
● Created Code of Administrative Justice - art. L77-11-4 (V)
● Created Code of Administrative Justice - art. L77-11-5 (V)
● Created Code of Administrative Justice - art. L77-11-6 (V)
Chapter IV: Group action in environmental matters (Article 89)
Article 89
Modified the following provisions
● Created Environmental Code - art. L142-3-1 (V)
Chapter V: Group action in health matters (Article 90)
Article 90
Modified the following provisions
● Amends Public Health Code - Section 1: Principles, scope and q ... (V)
● Repeals the Public Health Code - Section 5: Miscellaneous provisions (Ab)
● Repeals the Public Health Code - Section 6: Overseas provisions (Ab)
● Public health code transfer - art. L1143-1 (V)
● Amends Public Health Code - art. L1143-1 (V)
● Amends Public Health Code - art. L1143-11 (V)
● Amends Public Health Code - art. L1143-12 (V)
● Amends Public Health Code - art. L1143-13 (V)
● Public health code transfer - art. L1143-14 (T)

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● Public health code transfer - art. L1143-15 (T)
● Repeals the Public Health Code - art. L1143-16 (Ab)
● Repeals the Public Health Code - art. L1143-17 (Ab)
● Repeals the Public Health Code - art. L1143-18 (Ab)
● Repeals the Public Health Code - art. L1143-19 (Ab)
● Public health code transfer - art. L1143-2 (V)
● Amends Public Health Code - art. L1143-2 (V)

● Repeals the Public Health Code - art. L1143-20 (Ab)
● Repeals the Public Health Code - art. L1143-21 (Ab)
● Repeals the Public Health Code - art. L1143-22 (Ab)
● Amends Public Health Code - art. L1143-3 (V)
● Amends Public Health Code - art. L1143-4 (V)
● Amends Public Health Code - art. L1143-5 (V)
● Amends Public Health Code - art. L1143-6 (V)
● Amends Public Health Code - art. L1143-9 (V)
● Creates the Public Health Code - art. L1526-10 (V)
Chapter VI: Group action for the protection of personal data
personal (Article 91)
Article 91
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 43 ter (M)
Chapter VII: Miscellaneous provisions (Article 92)
Article 92

I. - This title is not applicable to the group action provided for in Chapter III of the
Title II of Book IV of the Consumer Code.
II. - Chapters III and IV of this title are applicable only to actions for which the
event giving rise to liability or the breach is subsequent to the entry into
force of this law.

Title VI: ACTION IN RECOGNITION OF RIGHTS (Article 93)
Article 93
Modified the following provisions

Page 38

● Created Code of Administrative Justice - Chapter XII: The action in recognition of dr ...
(V)
● Created Code of Administrative Justice - art. L77-12-1 (V)
● Created Code of Administrative Justice - art. L77-12-2 (V)
● Created Code of Administrative Justice - art. L77-12-3 (V)
● Created Code of Administrative Justice - art. L77-12-4 (V)
● Created Code of Administrative Justice - art. L77-12-5 (V)

Title VII: RENOVATING AND ADAPTING COMMERCIAL JUSTICE TO
ISSUES OF ECONOMIC LIFE AND EMPLOYMENT (Articles 94 to 101)
Chapter I: Consolidate the status of commercial court judges (Articles 94 to
96)
Article 94
Modified the following provisions
● Amends Commercial Code - art. L713-11 (VD)
● Amends Commercial Code - art. L713-12 (VD)
● Amends Commercial Code - art. L713-17 (VD)
● Amends Commercial Code - art. L713-6 (VD)
● Amends Commercial Code - art. L713-7 (VD)
Article 95
Modified the following provisions
● Modifies the Commercial Code - Section 2: The statute of judges of the courts of ... (V)
● Created Commercial Code - Sub-section 1: Mandate (V)
● Created the Commercial Code - Sub-section 2: The training obligation (VT)
● Created Commercial Code - Sub-section 3: Deontology (V)
● Amends Commercial Code - art. L721-3 (VD)
● Moves Commercial Code - art. L722-10 (V)
● Moves Commercial Code - art. L722-11 (V)
● Moves Commercial Code - art. L722-12 (V)
● Moves Commercial Code - art. L722-13 (V)
● Moves Commercial Code - art. L722-14 (V)
● Moves Commercial Code - art. L722-15 (V)
● Moves Commercial Code - art. L722-16 (V)
● Created Commercial Code - art. L722-17 (VD)
● Created Commercial Code - art. L722-18 (V)
● Created Commercial Code - art. L722-19 (V)
● Created Commercial Code - art. L722-20 (V)
● Created Commercial Code - art. L722-21 (V)

Page 39

● Amends Commercial Code - art. L722-6 (V)
● Created Commercial Code - art. L722-6-1 (M)
● Created Commercial Code - art. L722-6-2 (V)
● Created Commercial Code - art. L722-6-3 (V)
● Amends Commercial Code - art. L722-7 (V)
● Moves Commercial Code - art. L722-8 (V)
● Moves Commercial Code - art. L722-9 (V)
● Amends Commercial Code - art. L723-1 (M)
● Amends Commercial Code - art. L723-13 (V)
● Amends Commercial Code - art. L723-4 (M)
● Repeals Commercial Code - art. L723-5 (Ab)
● Repeals Commercial Code - art. L723-6 (Ab)
● Amends Commercial Code - art. L723-7 (VD)
● Repeals Commercial Code - art. L723-8 (Ab)
● Amends Commercial Code - art. L724-1 (V)
● Created Commercial Code - art. L724-1-1 (V)
● Amends Commercial Code - art. L724-3 (V)
● Created Commercial Code - art. L724-3-1 (V)
● Created Commercial Code - art. L724-3-2 (V)
● Created Commercial Code - art. L724-3-3 (V)
● Amends Commercial Code - art. L724-4 (V)
● Amends Commercial Code - art. L731-4 (V)
● Amends Commercial Code - art. L732-6 (V)
Article 96
Modified the following provisions
● Amends Commercial Code - art. L462-7 (M)
● Created Commercial Code - art. L464-8-1 (V)
Chapter II: Strengthening the independence and effectiveness of the action of directors
judicial officers and judicial representatives (Articles 97 to 98)
Article 97
Modified the following provisions
● Amends Commercial Code - art. L811-10 (V)
● Amends Commercial Code - art. L811-12 (M)
● Created Commercial Code - art. L811-15-1 (VD)
● Amends Commercial Code - art. L811-2 (VD)
● Amends Commercial Code - art. L811-3 (VD)
● Amends Commercial Code - art. L812-2 (VD)
● Amends Commercial Code - art. L812-8 (V)

Page 40

● Amends Commercial Code - art. L812-9 (V)
● Created Commercial Code - art. L814-15 (VD)
● Created Commercial Code - art. L814-16 (VD)
● Amends Commercial Code - art. L814-2 (VD)
● Amends Commercial Code - art. L814-9 (VD)
Article 98
Modified the following provisions
● Creates the Monetary and Financial Code - art. L112-6-2 (VD)
● Amends Monetary and Financial Code - art. L112-7 (VD)
Chapter III: Adapting the treatment of companies in difficulty (Articles 99 to 100)
Article 99
I. - Are ratified:

1 ° Ordinance No. 2014-326 of March 12, 2014 reforming the prevention of
difficulties of companies and collective proceedings;

2 ° Ordinance n ° 2014-1088 of September 26, 2014 supplementing ordinance n °
2014-326 of 12 March 2014 reforming the prevention of difficulties for
business and insolvency proceedings;

3 ° Ordinance No. 2015-1287 of October 15, 2015 on the merger of the Commission
national registration and discipline of court administrators and
National Commission for the registration and discipline of judicial representatives;

4 ° Ordinance n ° 2016-727 of 2 June 2016 relating to the appointment in court, to
usual title, bailiffs and judicial auctioneers in
status of liquidator or assistant to the judge in certain proceedings
provided for in Title IV of Book VI of the Commercial Code.

II to XIII. - Modified the following provisions:

Page 41

- Trade code
Art. L234-1, Art. L234-2, Art. L611-3, Art. L611-6, Art. L611-13, Art.
L621-1, Art. L621-3, Art. L621-4, Art. L621-12, Art. L622-10, Art.
L626-3, Art. L626-10, Art. L936-1, Art. L956-1, Art. L626-18, Art.
L626-25, Art. L626-30-2, Art. L631-9-1, Art. L641-1, Art. L641-2, Art.
L641-13, Art. L642-2, Art. L645-1, Art. L645-11, Art. L653-1, Art.
L661-6, Art. L662-7, Art. L663-2, Art. L910-1, Art. L950-1
- Rural and maritime fishing code
Art. L351-4, Art. L351-6, Art. L375-2
- Code of Social Security.
Art. L931-28
- Labor Code
Art. L3253-17
Repealed the following provisions:
- Trade code
Art. L626-15, Art. L626-16, Art. L626-16-1, Art. L626-17
Created the following provisions:
- Civil Code
Art. 2332-4

Article 100
Modified the following provisions
● Amends Commercial Code - art. L642-19 (V)
Chapter IV: Improving the recruitment of commercial court clerks
(Article 101)
Article 101

Ordinance No. 2016-57 of January 29, 2016 amending Article L. 742-1 of the Code of
trade relating to the conditions of access to the profession of court clerk of
trade is ratified.

Title VIII: MISCELLANEOUS PROVISIONS (Articles 102 to 115)
Chapter I: Land registration (Article 102)

Page 42

Article 102
Modified the following provisions
● Modifies Decree n ° 55-22 of January 4, 1955 - art. 32 (V)
● Modifies Decree n ° 55-22 of January 4, 1955 - art. 5 (V)
Chapter II: Litigation relating to over-indebtedness (Article 103)
Article 103
Modified the following provisions
● Amends LAW n ° 2014-344 of March 17, 2014 - art. 43 (V)
Chapter III: Appointment of assessors of joint lease courts
rural (Article 104)
Article 104

I. - Repealed the following provisions:
- Rural and maritime fishing code
Art. L492-3
Modified the following provisions:
- Rural and maritime fishing code
Art. L492-2
Modified the following provisions:
- Rural and maritime fishing code
Art. L492-4, Art. L492-7

II. - Section I of this article comes into force on January 1, 2018.

Chapter IV: The simplified procedure for the recovery of small claims
(Articles 105 to 106)
Article 105

Page 43

Modified the following provisions
● Amends the Code of Civil Enforcement Procedures - art. L111-3 (VT)
● Amends the Code of Civil Enforcement Procedures - art. L111-3 (VT)
Article 106

[Provisions declared not to be in conformity with the Constitution by the decision of the Council
Constitutional No. 2016-739 of November 17, 2016.]
Chapter V: Pledge of stocks (Articles 107 to 108)
Article 107

I. - Ordinance n ° 2016-56 of January 29, 2016 relating to the pledge of stocks is
ratified.

II. - Modified the following provisions:
- Trade code
Art. L527-1, Art. L527-4, Art. L950-1

Article 108
Modified the following provisions
● Amends Code of Criminal Procedure - art. 145-4 (V)
● Amends Code of Criminal Procedure - art. 61-3 (V)
Chapter VI: Authorizations (Articles 109 to 110)
Article 109

I. - Under the conditions provided for in article 38 of the Constitution, the Government is
authorized to take by ordinance the measures falling within the field of the law:
1 ° Necessary to implement article 12 of this law:

Page 44

a) By creating, adjusting or modifying any provisions of a legislative nature in
the texts and codes in force to ensure the implementation and draw the
consequences of the abolition of social security courts,
Disability litigation courts, the National Incapacity Court and
pricing of workers' compensation insurance, commissions
departmental social assistance and the Central Social Assistance Commission;
b) By fixing the modalities of the possibilities of access to the bodies of the judicial services
or to the joint bodies of the Ministry of Justice of the administrative staff of
these jurisdictions or returning to their original structures;
2 ° Tending, on the one hand, to suppress the participation of magistrates
judiciary, members of the Council of State and members of the courts
administrative and administrative courts of appeal to administrative commissions
when their presence is not essential with regard to the rights or freedoms in
cause and, on the other hand, to modify, if necessary, the composition of these committees
to draw the consequences of this deletion;
3 ° Necessary to ensure the compatibility of the legislation, in particular the code of
intellectual property, with Regulation (EU) No 1257/2012 of the Parliament
European Union and of the Council of 17 December 2012 implementing the cooperation
strengthened in the area of ​the creation of a unitary protection conferred by a
patent and with Council Regulation (EU) No. 1260/2012 of December 17, 2012
implementing enhanced cooperation in the area of ​creating a
unitary protection conferred by a patent, with regard to the
applicable in translation;
4 ° Necessary to implement the agreement on a unified jurisdiction of the
patent, signed in Brussels on February 19, 2013, and to ensure the compatibility of the
legislation, in particular of the intellectual property code, with it;
5 ° Defining, on the one hand, the conditions under which the lawyers registered
Bars of non-member states of the European Union, bound to the latter by a treaty
international organization providing for this, may be authorized to give consultations
legal and to draft acts under private signature for others in international law and
in foreign law and, on the other hand, the procedures for exercising these activities;
6 ° [Provisions declared non-compliant with the Constitution by the decision of the Council
Constitutional No. 2016-739 of November 17, 2016.]
7 ° Allowing the modification of the highway code to provide for the development of
modalities for increasing the number of points assigned during the probationary period
driving license for holders of a first driving license who have not
committed an offense and who have undergone additional training after obtaining
of this permit;

Page 45

8 ° Allowing, on the one hand, to regulate the use of expert interpreters or
translators not registered on the lists provided for in article 2 of law n ° 71-498 of 29
June 1971 relating to judicial experts in the event of contravention of laws and
regulations relating to their profession or their mission of expert or failure to
probity or honor, even relating to facts unrelated to missions which
were entrusted to them, by setting up a list drawn up by each court
call on which the experts will be registered temporarily or permanently
interpreters or translators who have committed such contraventions or
breaches and, on the other hand, to ensure the coordination of legislative provisions
applicable to expert interpreters or translators registered on the lists provided for in
same article 2 in order to provide for their inclusion on the same list when they have
the subject of a decision of temporary or final delisting;
9 ° [Provisions declared not to be in conformity with the Constitution by the decision of the Council
Constitutional No. 2016-739 of November 17, 2016.]
10 ° [Provisions declared non-compliant with the Constitution by the decision of
Constitutional Council n ° 2016-739 of November 17, 2016.]
II. - The orders provided for in I are taken within eighteen months of
from the promulgation of this law.
III. - A ratification bill is tabled in Parliament within a period of
six months from the publication of the ordinances mentioned in I.
Article 110

I. - Under the conditions provided for in article 38 of the Constitution, the Government is
authorized to take by prescription, within twelve months of the
promulgation of this law, the measures falling within the scope of the law
necessary for the application of Regulation (EU) 2015/848 of the Parliament
European Union and of the Council of 20 May 2015 on insolvency proceedings, in order to
especially :
1 ° To adapt the rules of jurisdiction and procedure applicable to the courts
seizures of insolvency proceedings with the provisions of the same regulation relating
in particular to the determination of the territorial competence of the courts, to the
conditions for the opening of secondary proceedings, the conditions for the opening of a
group coordination procedure, with the duty of cooperation and communication
between jurisdictions and between jurisdictions and insolvency practitioners and to the jurisdiction
of the courts of the Member State of the European Union in which a procedure
secondary insolvency can be opened to approve the termination or
modification of employment contracts;

Page 46

2 ° To complete the provisions relating to the designation and missions of
court administrators and legal representatives in order to ensure the
effective implementation of the provisions of said regulation relating in particular to the duty to
cooperation and communication between insolvency practitioners and between
insolvency practitioners and courts, as well as the possibility for the practitioner
insolvency of the main proceedings to enter into an undertaking in order to avoid
secondary insolvency proceedings;
3 ° To allow registration in the national registers and directories as well as the
publication of insolvency information in open proceedings
on national territory or in another Member State.
II. - The ratification bill is submitted to Parliament within a period of
six months from the publication of the ordinance provided for in I of this article.
Chapter VII: Ratification of the ordinance on the simplification and
modernization of family law (Article 111)
Article 111

I. - Ordinance No. 2015-1288 of October 15, 2015 on the simplification and
modernization of family law is ratified.

II. - Modified the following provisions:
- Civil Code
Art. 494-1, Art. 494-2, Art. 494-6

Chapter VIII: Overseas provisions (Articles 112 to 113)
Article 112

Modified by LAW n ° 2019-222 of March 23, 2019 - art. 110 (V)
I.-A.-Article 1 is applicable in French Polynesia.
B.-The I of article 1 is applicable in New Caledonia and the Wallis Islands and
Futuna.
C.- Article 2 is applicable in French Polynesia.

Page 47

D.-The I of article 2 is applicable in New Caledonia and the Wallis Islands and
Futuna.
II.-A.-Ordinance No. 2011-1540 of November 16, 2011 transposing the
Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008 on
certain aspects of mediation in civil and commercial matters, subject to
Article 1 and III of Article 5 of this law, insofar as it applies to
conventional mediations in administrative matters in which the State is
part, is applicable in French Polynesia, New Caledonia and the islands
Wallis and futuna.
B.-Articles 4,10 and 11 are applicable in the Wallis and Futuna Islands, in their
drafting resulting from programming law n ° 2019-222 of 23 March 2019
2018-2022 and reform for justice.
C.- For the application of article 4 in Saint-Pierre-et-Miquelon and in the Wallis Islands and
Futuna, the words: of the district court are replaced by the words: of the
first case.
D. - Articles 4-1 to 4-7 are applicable in the Southern and Antarctic Territories
French.
III.-A.-1.-Article 18 of this law is applicable in New Caledonia, in
French Polynesia and the Wallis and Futuna Islands.
2. Modified the following provisions:
-Law n ° 71-498 of June 29, 1971
Art. 8
B.-Modified the following provisions:
-Code of the judicial organization
Art. L532-25, Art. L552-19, Art. L562-35
C.- Modified the following provisions:
-Order n ° 45-174 of February 2, 1945
Art. 44
D.-Modified the following provisions:
-Code of Criminal Procedure
Art. 380-14, Art. 836, Art. 850-2, Art. 805, Art. 804, Art. 905-1

Page 48

IV.-A.-Articles 44,45,46 and 49 of this law are applicable in Polynesia
French.
B.-1. Article 48 is applicable in the Wallis and Futuna Islands.
2. For the application in the Wallis and Futuna Islands of the provisions of the Civil Code
relating to the civil and solidarity pact and article 14-1 of law n ° 99-944 of 15
November 1999 relating to the civil solidarity pact, the word: communes is replaced
by the words: administrative districts.
C.-1. Article 50 is applicable in the Wallis and Futuna Islands.
2. For the application of b of 2 ° of I of the same article 50, the communication of the project
of convention addressed by the lawyer to the spouse whom he assists can be done by letter
simple against signature of the person concerned instead of the letter
registered with acknowledgment of receipt.
D.-1. Article 53 is applicable in the Wallis and Futuna Islands.
2. For the application of the same article in the Wallis and Futuna Islands, the word:
municipalities is replaced by the words: administrative districts.
V.-A.- Articles 60 to 83 of this law, with the exception of article 75, are
applicable in the Wallis and Futuna Islands.
B.-1. The I of article 84 is applicable in New Caledonia, in French Polynesia
and in the Wallis and Futuna Islands, subject to the adaptations provided for in 2 of
present B.
2. For the application of article L. 211-9-2 of the code of judicial organization in
New Caledonia and French Polynesia, the words: by law n ° 2016-1547 of
November 18, 2016 of modernization of justice of the XXIst century are replaced by
the words: by the locally applicable code of civil procedure.
3. Modified the following provisions:
-Code of the judicial organization
Art. L532-2, Art. L552-2, Art. L562-2, Art. L. 552-8, Art. L. 562-8
C.- For the application of article 85 in New Caledonia and French Polynesia,
the references to the insurance code provided for in article L. 77-10-24 of the
administrative justice are replaced by references to regulations
locally applicable.
D.-Created the following provisions:
-Labour code applicable to Mayotte.

Page 49

Sct. Chapter V: Provisions specific to group action, Art.
L035-1, Art. L035-2, Art. L035-3, Art. L035-4, Art. L035-5
E.-Article 89 of this law is applicable in the Wallis and Futuna Islands
F.-Modified the following provisions:
-Law n ° 78-17 of January 6, 1978
Art. 72
G.- Article 92 of this law is applicable in the Wallis and Futuna Islands.
The second paragraph of article 92 is applicable in New Caledonia and Polynesia
French.

VI.-A.-Article 94 and VII of Article 115 are applicable in the Wallis Islands and
Futuna.
B.-Article 95 is not applicable to Saint-Pierre-et-Miquelon, with the exception of 1 ° of
I.
C.- Article 95 is applicable in New Caledonia, French Polynesia and in
the Wallis and Futuna Islands, subject to the adaptations provided for in D of this VI.
The VIII, IX and XII of article 114 are applicable in New Caledonia, in
French Polynesia and the Wallis and Futuna Islands.
D.-Modified the following provisions:
-Trade code
Art. L910-1
Created the following provisions:
-Trade code
Art. L916-2
Modified the following provisions:
-Trade code
Art. L930-1, Art. L937-3, Art. L937-3-1, Art. L937-4, Art. L937-7
Modified the following provisions:
-Trade code
Art. L940-1, Art. L947-3, Art. L947-3-1, Art. L947-4, Art. L947-7, Art.
L950-1, Art. L956-11

Page 50

Repealed the following provisions:
-Trade code
Art. L937-8, Art. L937-10, Art. L947-8, Art. L947-10
E.-Article 96 is applicable in the Wallis and Futuna Islands.
F.-The 2 ° of article 98 is not applicable to Saint-Pierre-et-Miquelon.
G.-The I to III, IV, with the exception of a of 3 °, V, VI, with the exception of the second and
third paragraphs of a of 1 °, and VII to IX of article 99 are applicable in the islands
Wallis and futuna.
VII.-Article 102 is not applicable to Mayotte.
VIII.-Article 105 is applicable in the Wallis and Futuna Islands.
X.-Point 3 of D of III of this article comes into force on January 1, 2017.
IX.-Modified the following provisions:
-Law n ° 71-1130 of December 31, 1971
Art. 81
Article 113
Modified the following provisions
● Creates the Code of Criminal Procedure - Chapter VII bis: Appeal to cassation (V)
● Created Code of Criminal Procedure - art. 897-1-A (V)
● Created Code of Criminal Procedure - art. 897-1-B (V)
Chapter IX: Transitional provisions (Article 114)
Article 114

Amended by Ordinance No. 2018-358 of May 16, 2018 - art. 7 (V)
I.- Article 12 comes into force on a date fixed by decree, and no later than the 1st
January 2019.
On that date, the ongoing proceedings before the security courts
social and incapacity litigation courts are transferred as they stand to
courts mentioned in 1 ° of III of article 12. The proceedings under the
general litigation in progress before the courts of appeal are transferred as is to the
appeal courts specially designated in article L. 311-15 of the organization code

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judicial. On the same date, the cases in progress before the committees
departmental social assistance are, depending on their nature, transferred as is to
regional courts or administrative tribunals
competent. The ongoing proceedings before the Central Commission for Social Assistance
in application of article L. 134-2 of the code of social action and families are,
depending on their nature, transferred as is to the courts of appeal or to a court
administrative body designated by decree in the Council of State. Ongoing proceedings
before the same committee in application of article L. 134-3 of the same code are
transferred as is to an administrative jurisdiction designated by decree in Council
of state.
By way of derogation from the first two paragraphs of this I, the National Court of
the inability and pricing of workers' compensation insurance remains
competent to hear procedures initiated before that date and until
December 31, 2020, or at a later date to be fixed by decree, without power
exceed December 31, 2022, the date from which these procedures are
transferred in the state to the courts of appeal territorially competent especially
designated under Articles L. 311-15 and L. 311-16 of the Organization Code
judicial. The provisions of the social security code, the rural code and the
sea ​fishing and the code of social action and families that apply to it
remain in effect until that date.
The summons and summons given to the parties may be issued before the
date of entry into force of article 12 of this law for an appearance
after this date before the newly competent court. There's no
place to renew the acts, formalities and judgments regularly intervened before
the transfer of procedures, with the exception of invitations and citations given to
parties that would not have been followed by an appearance before the court
deleted or previously competent. The parties who appeared before the
abolished or previously competent jurisdiction are informed by one or
the other of the jurisdictions that it is up to them to carry out the acts of the procedure
before the jurisdiction to which the proceedings are transferred. Archives and
minutes from the secretariat of the abolished or previously competent courts
are transferred to the registry of the newly competent court. Costs
transfer of these archives and minutes are charged to the appropriation opened for this purpose at
budget of the Ministry of Justice.
II.-Article 14 comes into force on the first day of the sixth month following the publication
of this law.
On this date, the ongoing proceedings before the district court are transferred
in the state to the territorially competent high courts. The
invitations and summons given to the parties may be issued before the date
entry into force of the same article 14 for an appearance subsequent to this
date before the newly competent tribunal de grande instance. There is no place

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to renew the acts, formalities and judgments regularly intervened
previously, with the exception of invitations and summons given to the parties, the
if applicable, which would not have been followed by a court appearance
instance.
III.-Articles 44,45 and 46 are applicable to successions opened from
first day of the twelfth month following the promulgation of this law. The
previous proceedings are governed by the applicable provisions
before this date.
IV.-Article 48 comes into force on the first day of the twelfth month following the
publication of this law.
It is applicable to civil solidarity pacts concluded from that date.
It is also applicable to declarations of modification and dissolution of
civil solidarity pacts registered before the date provided for in the first paragraph of
present IV by the registries of the district courts. These declarations are submitted or
addressed to the civil status officer of the municipality of the place of the court registry
body which registered the civil solidarity pact.
V.-Article 50 comes into force on January 1, 2017.
The b of 1 ° and the c of 2 ° of I of the same article 50 are not applicable to
pending proceedings before the judge when divorce petitions have been
filed with the registry before the entry into force of the said article.
VI.-The I of article 56 as well as the 1 ° of I and III of article 57 are not
applicable to current cases.
VII.-Article 94 is applicable from January 1, 2017.
VIII.-The 1 ° of I of article 95 comes into force on a date fixed by decree, and at most
late January 1, 2022.
On that date, the proceedings relating to disputes between artisans in progress before the
high courts are transferred as they stand to commercial courts
territorially competent. The summons and summons given to the parties
may be issued before the date of entry into force of the same Article 95 for a
appearance after this date before the newly competent court.
There is no need to renew acts, formalities and judgments regularly
which occurred prior to the transfer of proceedings, with the exception of
invitations and summons given to parties that have not been followed by a
appearance before the previously competent court. The parties having
appearing before the previously competent court are informed by one or
the other of the jurisdictions that it is up to them to carry out the acts of the procedure

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before the jurisdiction to which the proceedings are transferred. Archives and
minutes from the registry of previously competent courts are transferred to the
registry of the competent commercial courts. The costs of transferring these archives
and minutes are charged to the appropriation opened for this purpose in the budget of the Ministry of
justice.
IX.-Article L. 722-17 of the Commercial Code, in the wording resulting from article
95 of this law, comes into force on November 1, 2018.
X.-The fourth and fifth paragraphs of d of 2 ° of I of article 95 come into
effective from the expiry of the first of the incompatible terms of office mentioned
in the same fourth and fifth paragraphs.
XI.-Within eighteen months from the publication of the decree in Council
State mentioned in Article L. 722-21 of the Commercial Code, the judges of the courts
business representatives draw up a declaration of interests and participate in an interview
ethics under the conditions provided for in the same article L. 722-21.
XII.-The d of 3 ° of I of article 95 comes into force on December 31, 2017.
XIII.-The 1 °, 5 °, 6 °, 10 ° and 11 ° of article 97 come into force according to
fixed by decree, and no later than the first day of the sixth month following the
promulgation of this law.
XIV.-A.-Point 2 of article 97 comes into force on the first day of the twelfth month
following the promulgation of this law.
B.- The list mentioned in Article L. 811-3 of the Commercial Code includes, for
each director registered on the date of promulgation of this law, the mention
the commercial nature of its activity.
C. - Without prejudice to B of this XIV, may request, in addition
or exclusive, to benefit from registration as a judicial administrator specializing in
civil matters until the first day of the twelfth month following the promulgation of the
this law the court administrators who can prove that they have competence in
civil matters which they have acquired during their professional experience,
assessed by the National Enrollment and Disciplinary Commission, in
conditions provided for by decree.
XV.-Article 98 comes into force on the first day of the twelfth month following the
promulgation of this law.
XVI.-III, IV, V, VI, VII, VIII, XI and XIII of article 99 are not applicable to
proceedings in progress on the date of publication of this law.

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XVII.-The last paragraph of article 101-1 of the civil code, in its wording resulting from
Article 53 of this law comes into force no later than the first day of
twenty-fourth month following the promulgation of this law. The State undertakes to
participate in the financing of the deployment of COMEDEC in the municipalities of
birth. This State participation is charged to the share of revenue from
COMEDEC assigned to the implementation of civil status modernization projects.
Chapter X: Provisions relating to the departments of Moselle, Bas-Rhin and
of Haut-Rhin (Article 115)
Article 115
[Provisions declared not to be in conformity with the Constitution by the decision of the Council
Constitutional No. 2016-739 of November 17, 2016.]

This law will be executed as state law.
Done in Paris, November 18, 2016.
Francois Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
The Minister of Foreign Affairs and International Development,
Jean-Marc Ayrault
The Minister of the Environment, Energy and the Sea, in charge of international relations
on the climate,
Ségolène Royal
The Minister of Economy and Finance,
Michel Sapin
The Minister of Social Affairs and Health,
Marisol Touraine
The Keeper of the Seals, Minister of Justice,

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Jean-Jacques Urvoas
The Minister of Labor, Employment, Vocational Training and Social Dialogue,
Myriam El Khomri
The Minister of Regional Planning, Rural Affairs and Local Authorities,
Jean-Michel Baylet
The minister of the Interior,
Bernard Cazeneuve
The Minister of Agriculture, Agri-food and Forestry, Government spokesperson,
Stephane Le Foll
The Minister of Culture and Communication,
Audrey Azoulay
The Minister for Families, Children and Women's Rights,
Laurence Rossignol
The Minister of the Civil Service,
Annick Girardin
The Minister for Overseas,
Ericka Bareigts

(1) Law n ° 2016-1547.
- Preliminary activities :
Senate:
Bill n ° 661 (2014-2015);
Report by Mr. Yves Détraigne, on behalf of the Law Commission, n ° 121 (2015-2016);
Text of committee n ° 122 (2015-2016);

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Discussion on 3, 4 and 5 November 2015 and adoption, after initiation of the procedure
accelerated, November 5, 2015 (TA n ° 35, 2015-2016).
National Assembly :
Bill, adopted by the Senate, n ° 3204;
Report by MM. Jean-Michel Clément and Jean-Yves Le Bouillonnec, on behalf of the committee
Laws, No. 3726;
Discussion on May 17, 18 and 19, 2016 and adoption on May 24, 2016 (TA n ° 738).
Senate:
Bill, amended by the National Assembly, n ° 625 (2015-2016);
Report by Mr. Yves Détraigne, on behalf of the joint committee, n ° 717 (2015-2016);
Results of the work of committee n ° 718 (2015-2016).
National Assembly :
Report by MM. Jean-Yves Le Bouillonnec and Jean-Michel Clément, on behalf of the committee
mixed parity, n ° 3871.
National Assembly :
Bill, amended by the National Assembly, n ° 3872;
Report by MM. Jean-Michel Clément and Jean-Yves Le Bouillonnec, on behalf of the committee
Laws, No. 3902;
Discussion on July 11 and 12, 2016 and adoption on July 12, 2016 (TA n ° 792).
Senate:
Bill, adopted by the National Assembly in new reading, n ° 796 (2015-2016);
Report by Mr. Yves Détraigne, on behalf of the Law Commission, n ° 839 (2015-2016);
Text of committee n ° 840 (2015-2016);
Discussion on September 27 and 28, 2016 and adoption on September 28, 2016 (TA n ° 186,
2015-2016).
National Assembly :
Bill, amended by the Senate on new reading, n ° 4068;

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Report by MM. Jean-Michel Clément and Jean-Yves Le Bouillonnec, on behalf of the committee
Laws, No. 4106;
Discussion and adoption, final reading, October 12, 2016 (TA n ° 824).
- Constitutional Council :
Decision n ° 2016-739 DC of November 17, 2016 published in the Official Journal of the day.

