Since 1 January 2025, twelve French commercial courts, including those of Paris, Lyon, Marseille and Nanterre, have become economic activities courts (tribunaux des activités économiques, TAE) on a four-year trial basis. Two changes directly affect a company in litigation: their jurisdiction now covers the out-of-court and insolvency proceedings of almost all economic players, farmers and the liberal professions included; and a claimant with at least 250 employees must pay, for any claim above 50,000 euros, an economic justice contribution (contribution pour la justice économique) of up to 5% of the amount claimed, capped at 100,000 euros. The Constitutional Council upheld the scheme in 2026. It now has to be factored into the cost of any lawsuit.
A Lyon-based mid-sized company with 400 employees, which distributes electrical equipment, is claiming 1.8 million euros from an installer that has stopped paying its invoices for eight months. When signing off the writ of summons, its finance director discovers that he will have to pay a contribution calculated on that amount before the case is even heard, failing which the claim will be inadmissible. He wants to know whether he can avoid it, recover it, or go to another court.
1. The twelve courts concerned
The trial, provided for by Article 26 of Law No. 2023-1059 of 20 November 2023 on the orientation and programming of the Ministry of Justice, applies to the economic activities courts of Auxerre, Avignon, Le Havre, Le Mans, Limoges, Lyon, Marseille, Nancy, Nanterre, Paris, Saint-Brieuc and Versailles, from 1 January 2025 to 31 December 2028. Everywhere else, the commercial courts operate under the previous rules.
2. Wider jurisdiction over businesses in difficulty
The economic activities courts hear the out-of-court proceedings (mandat ad hoc, conciliation) and the insolvency proceedings (safeguard, receivership, liquidation) of nearly all economic players, whatever their form: traders and craftsmen, but also farmers, associations, non-trading companies (sociétés civiles) and the liberal professions, except for certain legal professions, in particular lawyers, notaries and judicial officers (commissaires de justice), who remain under the civil court (tribunal judiciaire). When farmers are involved, the bench includes a judge drawn from the farming world.
For a creditor, the consequence is practical. In these districts, a farmer customer or a property-holding non-trading company (société civile immobilière) in difficulty now comes before the same court as its other commercial debtors. For a manager considering an out-of-court procedure, the point of contact is the president of the economic activities court (mandat ad hoc and conciliation).
3. The economic justice contribution
The contribution, provided for by Article 27 of the same law and implemented by Decree No. 2024-1225 of 30 December 2024, is payable by the claimant when the claim is filed. It applies only if several conditions are all met: the claim must be brought before one of the twelve courts; the total amount claimed must exceed 50,000 euros; and the claimant must be a private-law legal entity or an individual employing at least 250 people.
The amount follows a scale that takes into account the amount claimed, the nature of the dispute and the claimant’s ability to pay, assessed on its average turnover or profit over three years or, for an individual, on their reference taxable income. It cannot exceed 5% of the amount claimed, capped at 100,000 euros.
Some proceedings are exempt: out-of-court and insolvency proceedings, applications to approve an agreement, and claims brought by the State, local authorities and the public prosecutor. The contribution is refunded when the proceedings end through withdrawal or a settlement reached after an amicable dispute resolution process. The State does not refund it if the claimant wins, but the losing party can be ordered to bear it as part of the costs (dépens); the Constitutional Council specified that the court must then take that party’s economic situation into account.
If it is not paid, the claim is inadmissible. The inadmissibility is lifted if the claimant proves payment within fifteen days.
4. Constitutional approval
On a priority question of constitutionality (question prioritaire de constitutionnalité) raised by several bar associations, the Constitutional Council held the scheme to be constitutional (decision No. 2025-1184 QPC of 6 March 2026), subject to an interpretive reservation on ordering the losing party to bear it, noting in particular that the legislature had reserved the contribution for claimants of a certain size, provided for exemptions and a cap, and left it to regulations to take into account the nature of the dispute and the claimant’s situation.
5. The strategic choices that follow
For the Lyon company, three questions arise. Can it go to another court? Yes, if the debtor is based in the district of a commercial court outside the trial, since that court normally has jurisdiction; and between traders, a jurisdiction clause designating another court applies. What it cannot do is pick a court solely to avoid the contribution if the rules of jurisdiction point to Lyon.
Can it reduce the amount? The contribution is calculated on the total amount claimed, so an inflated claim costs more. For a debt that is certain, liquidated and due, an order for payment (injonction de payer), which is not a full action on the merits started by a writ of summons, and an application for an interim payment (référé-provision) are the routes to consider first, checking case by case how the contribution applies to them. A serious attempt at mediation or conciliation can also produce a settlement that entitles the claimant to a refund.
Should it give up? No. For a 1.8 million euro debt, even a contribution at the cap costs less than failing to recover, but it changes the calculation for mid-sized disputes, between 50,000 and 300,000 euros, where it can represent a significant share of what is at stake, and it makes amicable settlement clauses and alternative dispute resolution far more attractive, turning them into the first reflex before suing rather than a formality rushed through so as to tell the judge you tried, which means putting in time, precise figures and a counterpart of sufficient seniority on the debtor’s side, not a template letter sent the day before the writ of summons is finally served.
6. What does not change
The judges of the economic activities courts are still elected judges drawn from the business world, joined by assessors from the farming world for cases that concern it. The procedure is still the oral procedure of the commercial court, with mandatory representation by a lawyer above 10,000 euros, subject to exceptions. Timeframes and the quality of decisions still depend on the court and on how well the case is prepared.
Representation before the economic activities court
The firm represents companies before the economic activities courts and the commercial courts, in debt recovery and in contractual disputes, and advises on whether an out-of-court procedure makes sense. See our page on debt recovery and commercial litigation and our article on filing a claim when a customer enters receivership. For an initial discussion: contact.
Further reading: Selling a business (fonds de commerce) in France: creditor objections, price escrow and real timelines.
Frequently asked questions
What is an economic activities court?
A commercial court that has been given, on a trial basis from 1 January 2025 to 31 December 2028, jurisdiction extended to the out-of-court and insolvency proceedings of almost all economic players. Twelve courts are involved, including Paris, Lyon, Marseille and Nanterre.
Who has to pay the economic justice contribution?
A claimant with at least 250 employees, when the total amount of its claims exceeds 50,000 euros, before one of the twelve trial courts.
How much is the contribution?
It depends on a scale that takes into account the amount claimed, the nature of the dispute and the claimant’s ability to pay. It cannot exceed 5% of the amount claimed, nor 100,000 euros.
Is the contribution refunded?
Yes, on withdrawal or on a settlement reached after an amicable dispute resolution process. It is not refunded if the claimant wins, but the loser can be ordered to bear it as part of the costs.
What happens if it is not paid?
The claim is inadmissible. The inadmissibility is lifted if payment is proved within fifteen days.
On the same subject: mandat ad hoc and conciliation, recovering a debt in the EU without exequatur and mediation clauses before arbitration.