Art. R. 145-23
Jurisdictional split: rent judge (president of TJ) for rent fixation; tribunal judiciaire for all other statutory disputes
Public-order exclusive
The commercial rent judge's jurisdiction is exclusive and of public order — any other court seised of rent fixation as a principal claim must raise incompetence of its own motion
Location of premises
Territorial jurisdiction is fixed by location of the leased premises — mandatory rule; contractual departure generally unenforceable for non-traders (CPC Art. 48)
TJ exclusive + accessory
Tribunal judiciaire has exclusive jurisdiction over all statute-based disputes, plus accessory jurisdiction to fix rent when incidental to a substantive dispute already before it

The Two-Court Framework

Article R. 145-23 of the Code de commerce establishes the jurisdictional split. Disputes concerning the fixation of the revised or renewed rent are brought before the president of the tribunal judiciaire or the designated judge — the juge des loyers commerciaux (commercial rent judge). All other disputes are brought before the tribunal judiciaire itself. The tribunal judiciaire also has accessory jurisdiction to fix the rent where rent fixation is incidental to a broader substantive dispute it is already hearing. The former tribunal de grande instance and tribunal d'instance were merged into the tribunal judiciaire from 1 January 2020. Courts may be specialised for commercial lease matters across one or two départements under COJ Arts. L. 211-9-3 and R. 211-4.

The Commercial Rent Judge (Juge des Loyers Commerciaux)

The commercial rent judge has exclusive and public-order jurisdiction over rent fixation. The competence covers: revised rent (triennial revision under Art. L. 145-37 and indexed rent revision under Art. L. 145-39); renewed rent; capping questions; uncapping grounds; the applicable valuation method (sovereign discretion — Cass. 3e civ., 3 June 2004); rents for bare land, single-use premises, and offices; the minimum guaranteed rent under a turnover lease (Cass. 3e civ., 3 November 2016); provisional rent during fixation proceedings (Art. L. 145-57); and restitution of rent overpaid as a result of the fixation (Cass. 3e civ., 17 September 2020).

Rent judge CAN
Within Jurisdiction
  • Fix the revised rent (triennial and indexed) and the renewed rent
  • Rule on capping, uncapping grounds, and the applicable valuation method (sovereign discretion)
  • Fix minimum guaranteed rent under a turnover lease (Cass. 3e civ., 3 Nov. 2016)
  • Fix provisional rent during fixation proceedings (Art. L. 145-57)
  • Rule on admissibility and prescription of the rent claim (CA Grenoble, 24 Sept. 2015)
  • Order restitution of overpaid rent as an accessory claim (Cass. 3e civ., 17 Sept. 2020)
  • Apply the hotel valuation method, bare land method, and offices method
Rent judge CANNOT
Outside Jurisdiction
  • Interpret ambiguous lease clauses or rule on property rights
  • Rule on the principle of renewal or the validity of the notice to quit
  • Rule on the duration of the renewed lease (CA Douai, 16 March 2023)
  • Rule on the validity or interpretation of the indexation clause
  • Rule on the occupation indemnity as a standalone claim
  • Annul lease assignment clauses or other contractual provisions
  • Apply the Pinel smoothing schedule — that is for the parties to set, not the court (Cass. 3e civ., 25 Jan. 2023)
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Practical Point — Procedure Before the Commercial Rent Judge

The procedure before the commercial rent judge is conducted on written submissions (mémoires), not under the ordinary adversarial procedure. When the tribunal judiciaire exercises its accessory jurisdiction over rent fixation, it does not follow this special mémoire procedure — it applies the ordinary contested procedure applicable before that court (confirmed Cass. 3e civ., 6 July 2023).

Interest on Backdated Rent Differences

The commercial rent judge can fix the rent but cannot order payment. A judgment fixing the rent constitutes an enforceable title sufficient to pursue recovery of arrears. The 5-point surcharge on the legal interest rate does not apply to rent fixation judgments. Interest on the difference between the provisional rent paid and the judicially fixed renewal rent runs from the date of the demand in proceedings: where the landlord initiated proceedings, from the date of service of the originating writ (assignation); where the tenant initiated proceedings, from notification of the landlord's first written response (premier mémoire en défense) (Cass. 3e civ., 18 June 2014, n° 13-14.715; confirmed Cass. 3e civ., 12 April 2018; Cass. 3e civ., 11 July 2019). Contractual clauses governing the interest calculation take priority over this rule.

The Tribunal Judiciaire

By virtue of COJ Art. R. 211-4, the tribunal judiciaire has exclusive jurisdiction over all disputes whose basis is a provision of the commercial lease statute — regardless of whether both parties are traders. This exclusive list includes: registration in the registre du commerce; existence and ownership of the fonds de commerce; voluntary submission to the statute; qualification of ancillary premises; lease duration; right to renewal; date of renewal; lease footprint; permitted use; rent indexation; sub-letting; lease assignment; consequences of a notice to quit; serious and legitimate grounds for non-renewal; eviction indemnity; occupation indemnity; direct right of the sub-tenant; lease termination; right of repentance and option; déspécialisation; nullity and annulment of lease clauses; clause résolutoire; and the security deposit.

The tribunal judiciaire may also fix the rent when that issue arises as ancillary to a substantive dispute it is already handling (examples: renewal date disputes; rent fixation after exercise of the right of repentance). The interim relief judge (juge des référés) can confirm a clause résolutoire has been triggered, grant delays, appoint an expert for eviction/occupation indemnity assessment (Cass. 3e civ., 6 April 2023), and order urgent measures — but cannot order a market rental value expert report, which is reserved to the commercial rent judge.

CourtJurisdictionKey limits / conditions
Commercial rent judge (Juge des loyers)Exclusive, public-order jurisdiction over all rent fixation (revision + renewal). Accessory: overpaid rent restitution, provisional rent.Cannot interpret lease clauses, rule on renewal right, indexation validity, duration of renewed lease, or apply Pinel smoothing schedule. If substantive difficulty arises, must stay proceedings.
Tribunal judiciaire (full court)Exclusive jurisdiction over all statute-based disputes (eviction, renewal, termination, occupation indemnity, etc.). Accessory: rent fixation when incidental to a substantive dispute.Ordinary contested procedure (not mémoires) when exercising accessory rent jurisdiction (Cass. 3e civ., 6 July 2023). Territorial: location of premises.
Tribunal de commerceResidual jurisdiction where both parties are traders and the claim is on common-law (not statutory) grounds — e.g. payment of rent arrears as a pure contractual claim.Where the claim requires engagement with the commercial lease statute, the tribunal judiciaire prevails (Cass. 3e civ., 10 March 2015; Cass. com., 18 Oct. 2016).
TAE (experimental 2023–)Competence over commercial lease disputes with sufficient connection to insolvency proceedings (Law n° 2023-1059 of 20 November 2023, 4-year experimental basis).Applies only where insolvency proceedings are engaged and the lease dispute is sufficiently connected.
Jurisdiction in Commercial Lease Disputes: Key Points
  • Two-court framework (Art. R. 145-23): rent judge for rent fixation (exclusive, public-order — any other court must raise incompetence of its own motion); tribunal judiciaire for all other statute-based disputes. Territorial jurisdiction: location of leased premises; mandatory rule.
  • Rent judge procedure: written submissions (mémoires) — not ordinary adversarial procedure. Sovereign discretion on valuation method (Cass. 3e civ., 3 June 2004). Cannot interpret lease clauses, rule on renewal right, indexation validity, duration of renewed lease, or apply Pinel smoothing schedule (Cass. 3e civ., 25 Jan. 2023).
  • Interest on backdated rent (Cass. 3e civ., 18 June 2014): runs from service of the originating writ (assignation) where landlord initiated; from the landlord's first mémoire en défense where tenant initiated. No 5-point surcharge on rent fixation judgments. Contractual clauses prevail.
  • Tribunal judiciaire (COJ Art. R. 211-4): exclusive for all statute-based disputes regardless of whether both parties are traders. Accessory jurisdiction for rent fixation incidental to a substantive dispute — ordinary contested procedure applies in that context. Ordinary procedure, not mémoires (Cass. 3e civ., 6 July 2023).
  • Tribunal de commerce: residual — only where both parties are traders and claim is purely contractual (not statute-based). Where the statute is at issue, tribunal judiciaire prevails (Cass. com., 18 Oct. 2016). TAE (experimental from 2023): competence over lease disputes sufficiently connected to insolvency proceedings.
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This article is for general information and educational purposes only. It does not constitute legal advice and does not create a lawyer-client relationship. Laws and regulations may have changed since publication. Always seek qualified French legal advice on jurisdiction in commercial lease disputes.