The French Government recently specified the payment terms and scales for the economic justice contribution, a sum that must be paid in certain cases to bring proceedings before one of the economic activity tribunals (TAE). This obligation was introduced by decree no. 2024-1225 of 30 December 2024.
The tribunals concerned
Since 1 January 2025, twelve commercial courts have been tested as economic activity courts for a period of four years. These courts are located in : Avignon, Auxerre, Le Havre, Le Mans, Limoges, Lyon, Marseille, Nancy, Nanterre, Paris, Saint-Brieuc, Versailles.
A mandatory contribution on pain of inadmissibility
As soon as proceedings are brought before a TAE, the applicant must pay the contribution to economic justice. If they fail to do so, the judge may declare the application inadmissible (article 27 of law no. 2023-1059 of 20 November 2023).
Which cases are concerned?
The contribution is payable when the initial application to the TAE relates to claims in excess of €50,000, with certain exceptions.
Cases exempt from contribution:
- Incidental claims (counterclaims, additional claims or claims in intervention).
- The exercise of remedies before the TAE (opposition, third-party opposition, application for review).
- Referral to the TAE after an appeal to the Supreme Court.
- Procedures for preventing or dealing with business difficulties (safeguard, reorganisation, judicial liquidation, ad hoc mandate, conciliation).
- Applications made by individuals or corporate bodies under private law with fewer than 250 employees.
- Applications submitted by the public prosecutor, the State, a local authority or a public body.
- Approval of an out-of-court agreement or settlement.
- Proceedings that have been reintroduced after they have lapsed or lapsed.
Scales of the contribution to economic justice
The amount of the contribution depends on the nature of the claimant (natural person or legal entity) and its financial situation.
How do I pay the contribution?
Payment must be made at the court registry or via the online platform tribunaldigital.fr.
When filing the document initiating proceedings, the claimant must attach the supporting documents that will enable the court registry to determine whether the contribution is due and to calculate the amount.
Possibility of reimbursement
The economic justice contribution may be refunded in the following cases:
- Withdrawal of the claimant, resulting in the proceedings being terminated.
- The dispute is settled out of court.
Who ultimately has to pay the contribution?
The contribution for economic justice is included in the costs of the proceedings. If the claimant wins the case, the losing party may be ordered to repay all or part of this sum (article 696 of the Code of Civil Procedure).
Conclusion
Any person or company wishing to bring an action before an economic activities tribunal should check whether they are liable for the economic justice contribution. The amount depends on the value of the claim and the status of the claimant.