Chapter II: Referral to the industrial tribunal

Articles in this section · 6

Article R1452-4

French Labour CodeIn force

Updated 5 Nov 2023

On receipt of the copies of the application and the form referred to in the second paragraph of article R. 1452-2, the court registry will summon the defendant by registered letter with acknowledgement of receipt. The summons must indicate

1° The name, profession and address of the plaintiff ;

2° Depending on the case, the place, day and time of the meeting of the conciliation and referral office or of the hearing to which the case will be called;

3° The fact that provisionally enforceable decisions may be taken against the defendant, even in his absence, and that in the event of his non-appearance without a legitimate reason, a decision may be made on the basis of the documents and arguments communicated by the other party.

The summons invites the defendant to deposit or send to the court registry the documents that he intends to produce and to communicate them to the plaintiff.

This summons reproduces the provisions of articles R. 1453-1 and R. 1453-2 and, when the case is referred to the conciliation and referral office, those of articles R. 1454-10 and R. 1454-12 to R. 1454-18.

A copy of the application and the list of documents sent by the applicant are attached to the summons.

Where the defendant is sued by several claimants, the court registry may, with the defendant's agreement, serve the applications and forms on the defendant by delivery against a receipt or against a receipt, if necessary in several instalments.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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