This document outlines the judicial competence and procedural route for Julien and Charlotte to address a water leak issue in their Rungis apartment caused by their neighbor Quentin.
Extract
[...] Therefore, the urgency is characterized. In addition, Quentin carried out work through his company, and the damage began as a result of these works. Quentin being a professional in construction, he will be able to carry out the work intended to stop the water leaks. Therefore, the referring judge may order Quentin to carry out the necessary work for renovation so that the water damage ceases at Julien and Charlotte's. Thus, Julien and Charlotte can refer the referring judge of the Rungis judicial court to order Quentin to carry out the repair work necessary to stop the water leaks affecting the apartment of Julien and Charlotte. [...]
[...] Furthermore, in real estate matters, only the judicial court of the place where the building is located is competent (Article 44 of the CPC). In this case, the building is located in Rungis. However, an action to repair defects affecting a pool is not a real estate action (Paris June 1987). In fact, a real estate action is an action aimed at recovering or preserving real estate rights. In this case, Julien and Charlotte's action is intended to stop a water leak affecting their apartment. [...]
[...] However, by its principle jurisdiction, the Rungis judicial court is competent on the basis of Article 42 of the CPC. Therefore, Julien and Charlotte will have to seize the Rungis judicial court. On the procedural route to follow In this case, Julien and Charlotte want to stop the water leak immediately. As soon as an emergency is characterized, the judge of the referrals can be seized to order all the measures that do not face a serious contest (article 834 of the CPC). [...]
[...] The question is to determine, on the one hand, the competent court and on the other hand, the procedural route to follow On the competence of the court It is necessary to focus on the material competence and, on the other hand, the territorial competence On the material competence The judicial court was born from the merger of the courts of first instance and of great instance in January 2020. By principle, it is competent for all civil and commercial cases not attributed to a special court due to their object (Article L211-3 of the COJ). In this case, the action aims to put an end to water damage caused by a neighbor of a building. This action is not attributed to a special judicial court. Therefore, the action falls within the judicial court. Thus, Julien and Charlotte will have to file a lawsuit in the judicial court. [...]
