Commercial Court
Court of first instance with jurisdiction over commercial disputes and collective proceedings, whose judgments are published in the BODACC.
Definition
The commercial court is the court of first instance with jurisdiction over commercial matters. It hears disputes between traders, between commercial companies, and those relating to acts of commerce. It also handles collective proceedings, safeguard, receivership and judicial liquidation, as well as disputes relating to the trade and companies register.
It differs from other courts in its composition. The judges are traders elected by their peers, known as lay judges, and not career magistrates. A professional magistrate sits alongside them in the panels that rule on collective proceedings. Decisions are handed down in the name of the State and may be appealed before the court of appeal.
The court is seised by writ of summons for a dispute, or by petition and declaration for collective proceedings. It issues judgments, which are published when they affect the life of companies: openings, conversions, plans, closures. These publications feed the BODACC and make the decisions enforceable against third parties.
What the court publishes in the BODACC
Decisions in collective proceedings
The opening of safeguard proceedings, judicial reorganization or judicial liquidation, the conversion of proceedings into liquidation, the approval of a reorganization or asset-sale plan, the closure for insufficient assets, the prohibition on managing a business: these decisions are transmitted to the BODACC and published in the form of named notices.
Other civil and commercial publications
The court also intervenes in registrations, amendments and removals, through its court registry, as well as in certain judicial sales. These entries appear in the same bulletin.
How it is organized
Commercial court judges
Judges are elected from among registered traders and company directors, for a renewable term. They are not paid for this function. Their business experience weighs in the assessment of cases, in particular when examining the situation of a debtor.
The court registry
The court registry keeps the trade and companies register, receives formalities and ensures the transmission of data intended for publication. It is the registry that gives effect to the transition between the decision or instrument and its official publication.
Frequently asked questions
What is the difference from the judicial court?
The commercial court has jurisdiction over commercial matters and collective proceedings. The judicial court hears civil disputes and personal over-indebtedness proceedings. The same company may be concerned by both depending on the nature of the dispute.
What happens after a published judgment?
Publication starts the time limits for appeal and makes the decision enforceable against third parties. Interested persons, creditors or directors, may consult the notice to find out the dates and the designated bodies.
Can the court reverse its decision?
Yes. A judgment may be subject to appeal, opposition or retraction. A new decision is then handed down, and it is published in turn, which leaves a complete record of the proceedings.