Courts and Codes
Commercial disputes go to the Tribunal de commerce, a court of elected lay judges drawn from the business community - which usually means less time spent explaining ordinary trade practice. Enforcement is carried out by a commissaire de justice, the officer that replaced the former huissier de justice. As an EU member state it also opens the European Order for Payment and European Enforcement Order to creditors elsewhere in the Union.
Injonction de Payer and Référé Provision
The injonction de payer is a documentary application decided without the debtor being heard. If granted and served, the debtor has one month to file an opposition; absent opposition the order becomes enforceable. It is cheap and quick, but an opposition sends the matter into ordinary proceedings.
The référé provision is the more powerful tool and is distinctively French. Where the obligation is not seriously contestable, the president of the court can order an interim payment within weeks, before any trial on the merits. On a clean invoice with proof of delivery and no credible dispute, this is often the fastest money in Europe.
What the Code de Commerce Adds
French law implements the EU Late Payment Directive through the Code de commerce: statutory late payment interest for B2B transactions runs at the ECB refinancing rate plus ten percentage points unless the contract sets a rate, together with a fixed indemnity for recovery costs of €40 per invoice. The penalty rate is deliberately above the European minimum, and on a portfolio of overdue invoices the fixed indemnity multiplies per invoice rather than per debtor.
How Long Does a French Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Pre-legal demand Mise en demeure, negotiation | 2–5 weeks | Low |
| Injonction de payer Application to enforceable order | 6–12 weeks | Low |
| Référé provision Interim payment where debt not seriously contestable | 4–10 weeks | Medium |
| Proceedings on the merits Tribunal de commerce, first instance | 10–24 months | High |
| Enforcement Saisie-attribution by commissaire de justice | 1–3 months | Medium |
The Five-Year Period
Commercial obligations between businesses are subject to a five-year limitation period, running from the date the creditor knew or should have known the facts allowing the claim. A formal mise en demeure does not by itself stop the clock; commencing proceedings does. A written acknowledgement by the debtor restarts it.
How Does SXB Global Handle a French Case?
The first assessment is whether the debt is seriously contestable, because that single question decides between a référé in weeks and ordinary proceedings over a year or more. Contact is conducted in French, and the demand quantifies the statutory penalty rate and the €40 per-invoice indemnity. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.