The first EFFORTS Report on national case-law is out: Report on French case-law!
The report drafted by the Max Planck Institute Luxembourg EFFORTS Team covers 83 cases gathered by consulting three of the major commercial legal databases available online, making it an extensive analysis of the jurisprudence on the regulations covered by the EFFORTS Project (for more information please visit the home page of the EFFORTS Website), i.e. Regulation (EU) No 1215/2012 of 12 December 2012, Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims, Regulation (EC) No 1896/2006 of 12 December 2006 creating a European order for payment procedure, Regulation (EC) No 861/2007 of 11 July 2007 establishing a European Small Claims Procedure, and Regulation No 655/2014 of 15 May 2014 establishing a European Account Preservation Order procedure.
The drafter of the report noted that “the reported cases show that French courts have a good knowledge and understanding of European law and that the application of the targeted Regulations in France has, in general, been faithful to the texts and the interpretation of the CJEU. On this last point, one might nevertheless advocate for a more explicit reference to European case law where its content may be relevant to the outcome of the case”. Also, “the reported cases also show that French courts seem, in general, very reluctant to refuse, suspend or limit the enforcement of judgment and other extrajudicial titles issued in another Member State. This conclusion holds true both with respect to the grounds for refusal, suspension or limitation of enforcement set out in the Regulations themselves – which are usually narrowly interpreted and have very rarely led to successful challenges – and with regards to objections grounded in domestic law”.
For the complete Report on case-law with the overall assessment of the Max Planck Luxembourg EFFORTS Team follow this link.