The accelerated procedure on the merits is an essential procedural mechanism in the French judicial landscape. It makes it possible to deal rapidly with certain disputes requiring an urgent decision, without having to resort to summary proceedings. This procedure is part of the broader framework of French civil procedures, and meets a growing need for speed in the handling of disputes.

This guide explains the practical and legal aspects of this specific procedure. We’ll look at the conditions under which it applies, how it works, and how it differs from other available procedural avenues.

What is the accelerated procedure?

The accelerated procedure on the merits is a procedural mechanism provided for in several provisions of the Code of Civil Procedure, depending on the jurisdiction involved. Before the judicial court, it is governed by article 481 of the CPC, which allows the president to set an earlier hearing date when the case is urgent. This procedure also exists before the commercial court (articles 872 et seq. of the CPC) and the industrial tribunal (Conseil de prud’hommes), with each court applying procedures adapted to its specific litigation requirements.

This procedure is fundamentally different from summary proceedings, in that it leads to a judgment on the merits. The judge rules with the authority of res judicata and not simply by means of a provisional measure. It also differs from the short circuit, which is simply an internal organization of the court with no specific textual basis. Representation by a lawyer remains compulsory before the judicial court, but optional before the commercial court, in accordance with the usual rules of each jurisdiction.

The legislator designed this system to reconcile two imperatives: the need for a rapid decision and respect for the rights of the defense. As a result, you benefit from a full adversarial procedure while saving precious time. Successive reforms, notably those introduced in 2020, have made this procedural option even more accessible, in response to the growing need for swift handling of urgent disputes.

Conditions for application of the accelerated procedure on the merits

To use the accelerated procedure on the merits, you must meet a number of cumulative conditions, and demonstrate their existence in the writ of summons. The first condition concerns the nature of the dispute: it must be of a manifestly urgent nature, without falling within the scope of interim measures. This urgency must be characterized by objective factors and not merely alleged.

In practice, this means that the judge can refuse the requested acceleration and switch the case over to the ordinary procedure. There is no immediate right of appeal against such a refusal, which is why it is so important to give reasons for your request as soon as you receive the summons. You must set out precisely the factual circumstances that justify accelerated processing and attach the relevant supporting documents.

The courts generally consider urgency in a number of concrete situations. The imminence of irreversible harm is a decisive criterion: for example, the imminent threat of the disappearance of essential evidence, the risk of a company going out of business in the absence of a rapid decision, or a critical financial situation requiring immediate judicial intervention. Case law has also recognized urgency in cases of unfair competition causing serious and continuing economic damage, or where a fundamental right is in danger of being definitively compromised by the passage of time.

On the other hand, some situations do not justify acceleration. The courts systematically reject requests based on the simple personal convenience of the parties or their desire to obtain a decision quickly. Nor is urgency created by the negligence or inaction of the claimant himself accepted. Similarly, the mere fact that a dispute has a high financial stakes is not sufficient to characterize urgency if there is no evidence of imminent irreversible damage.

The request must relate to the substance of the law and not to provisional measures. You are asking for a final decision that will completely settle the dispute. This requirement fundamentally distinguishes the accelerated procedure from the classic summary procedure. Your writ of summons must include evidence of the urgency of the case: certificates, accounting documents, letters of formal notice, bailiff’s report or any other objective evidence demonstrating the need for a rapid decision.

Certain matters lend themselves particularly well to this procedure. Urgent commercial disputes (brutal breach of established commercial relations, misappropriation of customers), labor disputes requiring a rapid decision (contested dismissal with precarious financial situation of the employee) or even certain family conflicts (measures relating to parental authority in the event of danger to the child) can justify its use. Experience shows that the courts examine such requests rigorously, which is why it is so important to prepare your case meticulously from the outset.

The accelerated procedure on the merits

The procedure begins with a standard summons, which you issue to the opposing party, but with specific formal requirements. Your request for fast-track processing must be expressly stated in the operative part of the summons, together with a detailed argument on the urgency of the case. You must enclose all supporting documents demonstrating this urgency with the initial summons. Even in accelerated proceedings, the minimum legal time limit of 15 days between service of the summons and the date of the hearing must be respected. If the summons is badly drawn up or insufficiently reasoned, your claim will be rejected immediately, resulting either in a switch to the ordinary procedure, or the need to issue a new summons, at the judge’s discretion.

The president of the court or the pre-trial judge, depending on the court’s internal organization, examines the admissibility of your request for acceleration within an average of 8 to 15 days following the filing of the summons. Judicial statistics show that some 65-70% of requests for acceleration are accepted at first analysis, provided they are properly justified. If the judicial authority considers that the conditions are met, it sets an earlier hearing date and defines a binding procedural timetable. If the conditions are not met, the case automatically reverts to the ordinary procedure, without the need for a new summons, but with the loss of the benefit of the desired speed.

The investigation of the case is accelerated but strictly adversarial. You have a short period of time, generally 8 to 15 days, to exchange your conclusions and communicate your documents. The adversarial principle remains fully applicable despite the speed with which the case is handled. Rapid investigative measures may be ordered if they prove indispensable: simplified expertise, summary investigation or hearing of witnesses. However, the judge will give preference to measures that are compatible with the objective of speeding up the process, and will generally refuse requests for investigations that could significantly delay the judgment.

The hearing is held within a significantly shorter timeframe than in ordinary proceedings, generally between 4 and 8 weeks after the summons. The judge hears the parties, examines their arguments and renders a decision within a short timeframe, often less than a month. This decision constitutes a judgment on the merits of the case, subject to the usual appeal procedures. Procedural costs include bailiff’s fees for expedited summonses and, in some cases, a deposit may be required to guarantee the seriousness of the emergency application, although this practice remains exceptional.

Specific deadlines for the accelerated procedure

Delays are the hallmark of this procedure. You benefit from a substantial reduction in processing times compared with the ordinary procedure, which, according to Ministry of Justice statistics, takes an average of 9 to 12 months before the judicial court, or even longer depending on the complexity of the case and the congestion of the court.

The time between the summons and the hearing, although not laid down in any precise text, generally varies between two and six weeks in the practice observed. This range is a trend, not a guarantee, as it depends heavily on the urgency invoked, the workload of the court concerned and the complexity of the case. Some less congested courts may set even shorter hearings in exceptional cases, while others, faced with a dense caseload, may exceed these deadlines. Court vacation periods (particularly in August and during the end-of-year holidays) can also have a significant impact on these times.

Deadlines for concluding and communicating documents are also tight, generally set at between 8 and 15 days, depending on the jurisdiction and the urgency of the case. You need to organize your work rigorously to meet these tight deadlines. Effective management of the time between summons and judgment is crucial to the success of your litigation strategy. The minimum legal time limits for appearance (15 days in ordinary cases) still apply, but the judge may reduce them in cases of particular urgency.

Judgment is generally delivered within 2 to 4 weeks of the hearing, depending on the court and its internal organization. This speed of deliberation contrasts sharply with the usual timeframes for conventional proceedings, which can reach 2 to 6 months, or even longer in the most congested courts. The applicable appeal procedures remain identical to those of ordinary procedure, in particular the one-month time limit for appeals from service of the judgment.

Advantages and limitations of this procedure

The accelerated procedure on the merits offers considerable advantages for your customers. The first advantage is the speed with which you can obtain a final decision. You avoid the long months of waiting inherent in ordinary procedures, with an estimated time saving of between 6 and 18 months, depending on the jurisdiction and the nature of the dispute.

This celerity can translate into savings, although this statement needs to be qualified. Fixed costs (summons, lawyer’s fees, pleading fees) remain identical to those of ordinary proceedings. On the other hand, the concentration of actions over time limits the variable costs associated with the duration of the procedure. The overall cost of an accelerated procedure is generally between 3,000 and 8,000 euros, depending on its complexity, compared with 5,000 to 15,000 euros for a full ordinary procedure. However, urgency can generate additional costs linked to the immediate availability of the lawyer and the accelerated preparation of the case.

This procedure also offers greater legal certainty than summary proceedings. You obtain a judgment on the merits of the case, which has the force of res judicata and settles the dispute definitively. This judgment may be appealed under the same conditions as an ordinary judgment, with a one-month time limit for appeal from the date of service. Unlike summary judgments, the summary retraction procedure is not applicable, since it concerns a decision on the merits of the case. Available statistics indicate a slightly higher appeal rate for these decisions (around 35 to 40%) than for ordinary judgments, probably due to the speed of the first instance.

However, this procedure does have its limitations. Time constraints can seriously compromise the preparation of your case. You have less time to gather evidence, consult relevant case law and build your case. This rush can be detrimental to the optimal defense of your client’s interests, particularly in complex cases requiring in-depth expertise.

Acceleration also has an impact on the quality of investigations. Reduced deadlines considerably limit the possibilities of resorting to investigative measures (expertise, inquiry, personal appearance). The judge generally prefers to examine the case on the basis of documents, which can disadvantage the party whose position requires further investigation. A rigorous assessment of the judicial risk is essential before opting for this route.

The judge’s assessment of the urgency of the case is sovereign and sometimes unpredictable. Your request for acceleration may be rejected, resulting in a switch to the ordinary procedure, with loss of time and additional costs. This initial uncertainty requires you to anticipate the two possible scenarios and prepare an alternative strategy. In the event of an appeal, the total duration of the procedure can reach 12 to 18 months, which puts the initial advantage of celerity into perspective.

Differences from other emergency procedures

Expedited proceedings on the merits are very different from conventional summary proceedings. In summary proceedings, the judge rules urgently but does not decide on the merits of the case. His decisions are provisional in nature, and may be challenged at a later date.

In contrast, the accelerated procedure results in a final judgment on the merits of the case. You obtain a decision that exhausts the judge’s jurisdiction and settles the dispute in its entirety. This fundamental difference guides your choice of strategy, depending on your objectives.

Compared with the ordinary procedure, this acceleration is evident at all stages. The time required to convene, investigate and adjudicate a case is considerably reduced. You can save several months or even years, depending on the nature of the dispute.

Certain specific procedures, such asdivorce proceedings, follow their own rules of expedition. Each type of dispute can benefit from acceleration mechanisms adapted to its specific features.

Another fast-track procedure is the “jour fixe”, which requires the prior authorization of the court president. The accelerated procedure on the merits offers greater flexibility in its initiation, while guaranteeing comparable speed.

Optimize the management of your fast-track procedures

Mastering the accelerated procedure on the merits requires rigorous organization and methodical preparation. You need to anticipate every step from the very first contact with your client, to compensate for the reduced deadlines imposed by this procedure.

Build up your file even before the summons. Systematically gather supporting documents, identify potential witnesses and analyze applicable case law. This advance preparation enables you to act quickly once proceedings have begun, without compromising the quality of your arguments.

Draw up a checklist of the critical stages: verification of urgency conditions, drafting of the summons with express mention of the request for acceleration, preparation of the main submissions, identification of essential exhibits and anticipation of opposing arguments. This checklist will prevent you from forgetting anything in the rush.

Coordination with opposing colleagues deserves particular attention. Contact them promptly to agree hearing dates and avoid postponements that would destroy the interest of the procedure. Professional communication helps to speed up the litigation process.

Organize your customer relations according to a protocol adapted to the urgency of the situation. From the outset, obtain a list of rapid contacts (cell phone, professional email). Set aside time slots for urgent responses, and clearly establish deadlines for transmitting information. Inform your client of the time constraints and the importance of his reactivity for the success of the procedure.

Avoid common mistakes: underestimating the time needed for preparation, insufficient justification of urgency in the summons, late communication of documents or lack of a plan B in the event of rejection of the request for acceleration. Always anticipate the possible switch to the ordinary procedure by preparing a sufficiently complete file from the outset.

Appeal procedures under the fast-track procedure

Although the accelerated procedure on the merits makes it possible to obtain a rapid judgment, it in no way affects the remedies available to the parties. In accordance with the general principles of procedural law, judgments handed down under the fast-track procedure may be appealed under the same conditions as ordinary judgments.

The time limit for lodging an appeal is identical to that for conventional procedures: 30 days (article 538 of the French Code of Civil Procedure) or one month from notification of the judgment. This is an essential period of reflection to assess the appropriateness of an appeal.

An important point to note: there is no automatic fast-track appeal procedure. Once an appeal has been lodged, the case will follow the ordinary circuit before the Court of Appeal, unless you make a specific request for accelerated processing. This can be a strategic disadvantage when speed is of the essence for your client.

To preserve the effectiveness of the decision obtained, you can request provisional execution of the judgment. This measure enables the decision to be enforced despite an appeal. It is particularly useful in situations where time is of the essence in preserving your client’s rights.

On the other hand, in contrast to certain summary orders, it is not possible to apply for a summary retraction under an accelerated procedure on the merits. This is due to the very nature of the decision: it is a judgment on the merits, not a provisional measure.

The effects of an appeal depend on whether or not provisional execution has been ordered:
– Without provisional execution: the appeal has suspensive effect, meaning that the judgment cannot be enforced until the court of appeal has ruled
– With provisional execution: the judgment can be implemented immediately, despite the appeal.

This fundamental distinction must guide your procedural strategy, both as plaintiff and defendant, in order to maximize the benefits of the accelerated procedure on the merits.