Dr. Thamer Abdul Jabbar Abdul Abbas Al-Saeedi<br />PhD in Private Law Philosophy / Commercial Law / E-Commerce<br />Senior Inspector at the Ministry of Communications – Administrative and Financial Department<br />Lecturer at AL-Mustaqbal University – Faculty of Law<br /><br />The French commercial courts are among the oldest specialized courts in France, originating in the 15th century to facilitate the swift resolution of commercial disputes. These courts were initially composed exclusively of merchants, who were elected to adjudicate disputes. Their service was voluntary and temporary, and court sessions were seasonal and held at the location of the dispute.<br /><br />Evolution of the French Commercial Courts<br />Despite the French Revolution, commercial courts remained active. Their legal framework was scattered across multiple texts until the issuance of:<br /><br />Law No. 550-87 of 1987<br />Decree No. 88-38 of 1988<br />Ordinance No. 673-2006, which consolidated all commercial court regulations into the French Commercial Code.<br />Historically, these courts were known as "Consular Courts," and judges were called "Consuls," elected by merchants. The 1961 Decree No. 823-61 formalized the election process, allowing two categories of voters:<br /><br />Consular Delegates: Elected for five years by registered merchants and business owners.<br />Current and former commercial court judges who voluntarily register on the electoral list.<br />Court Structure and Functioning<br />The Commercial Court President is elected for four years by a secret ballot in the General Assembly of judges. Candidates must have served at least six years as a judge in a commercial court. A Vice President is appointed by the President.<br /><br />Types of Courts in France<br />French judicial organization comprises two types of courts:<br /><br />Ordinary courts: Comprising professional, legally trained judges.<br />Specialized courts: Including commercial courts, where judges are merchants without formal legal training.<br />Jurisdiction of Commercial Courts<br />The local jurisdiction of commercial courts does not necessarily align with administrative divisions; instead, courts exist only in commercial hubs. Their existence depends on economic activity, with inactive courts being dissolved.<br /><br />Subject-matter jurisdiction includes disputes involving:<br /><br />Merchants and financial institutions.<br />Commercial companies.<br />Commercial transactions between individuals.<br />(As per Article L721-3 of the French Commercial Code, 1807).<br />Paris International Commercial Court<br />In 2010, Paris established a Commercial Court of Appeal specializing in international commercial disputes. This court:<br /><br />Operates in English and hears cases involving foreign companies and international contracts.<br />Applies English law or other contractually agreed laws.<br />Issues rulings in English and allows document exchanges without translation.<br />Following Brexit, the EU and the UK have yet to establish a reciprocal enforcement mechanism, but France aims to attract English-law disputes, currently concentrated in London's commercial courts (where 80% of cases involve at least one foreign party).<br /><br />Sustainable Development Goal (SDG) Addressed<br />This article aligns with SDG 16: Peace, Justice, and Strong Institutions, focusing on legal governance, transparency, and commercial dispute resolution.<br /><br />AL-Mustaqbal University<br /><br /><br /><br /><br /><br /><br /><br />