When the Conseil d’Etat reminds the regulatory authority that legal certainty requires it to respect a reasonable timeframe in the implementation of new provisions, the practitioner concludes that Christmas will perhaps be calmer from now on for civil procedure specialist.
However, what are we to make of a ruling that comes more than two years after the entry into force of the contested provisions?
Some of them have been amended in the meantime.
Indeed, the deletion of article 750-1 which had only been added to since its entry into force (neighbourhood disturbances and procedure for the recovery of small claims) remains.
Some will be satisfied with this because the poor drafting of the text was a source of uncertainty. Nevertheless, it is regrettable that the development of ADR is being undermined by this attempt to impose compulsory prior conciliation without having thought about its implementation with the sole objective of reducing the flow of cases.
Let us hope that the regulatory authority will learn the necessary lessons. It is always possible to dream and why not ask Father Christmas for one…
CE N° 436939 22 September 2022 https://www.conseil-etat.fr/fr/arianeweb/CE/analyse/2022-09-22/436939