France: Open data future for court rulings

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Open data future for court rulings

Sponsored by

beau-de-lomenie.png
kobu-agency-nrsiaptxru-unsplash.jpg

Beau de Loménie explain the timelines set out in France for the release of court rulings to the public, although further patience is required in concern of first instance decisions

In its decision of January 21 2021, the French Administrative Supreme Court (Conseil d’Etat) gave three months to the Minister of Justice to issue an order setting out the date from which court rulings would be made available to the public. This has now been carried out with a slight delay with the publication of the order of April 28 2021.

At the present time, only an extremely small percentage of the rulings handed down by French courts are made available to the public free of charge in electronic format. In the framework of the parliamentary debates in April 2016, speaking about a draft bill concerning a ‘digital republic’, Senator Évelyne Didier mentioned that less than 1% of first instance and appeal decisions are available on Légifrance, a French public service providing access to legal texts including laws and rules in force. She added that the other decisions are sold to various subscribers, among them private companies specialised in legal publications.

A few numbers enable one to have an idea of the volume of court rulings handed down in France according to the type of legal dispute, and to realise that the work that still has to be carried out to complete what was referred to as ‘a mammoth task’ by Jean-Jacques Urvoas, when he was Minister of Justice.

In 2019, no less than 2,250,217 court rulings were issued in civil and commercial cases, 812,249 in criminal cases and 267,809in administrative cases. Less than 15,000 court decisions, essentially ones handed down by the French Civil Supreme Court (Cour de Cassation), are made available online each year by Légifrance. The goal is now to distribute more than 3 million decisions per year.

The task of making court rulings available to the public in civil cases will be spread out over several years: 

6ec6cb0bf0484c0f8a4563b50914874b


Certain decisions handed down by the courts concerning legal disputes which are of general public interest, will however be made available to the public prior to the target dates indicated in this general plan. Although, at present, no order has been issued setting forth any specific calendar in this respect, nor has a list of the decisions concerned been released.

According to the timeframe provided by the government, starting from the fourth quarter of 2025, decisions of the Paris court will be made available online free of charge on a dedicated website, six months after the decision.

If it is indeed ‘tomorrow’ that all of the decisions of the Cour de cassation and the Conseil d’Etat will be made available, a certain degree of patience will be necessary concerning first instance decisions which are of particular importance in the study of intellectual property.

 

Cabinet Beau de LoménieE: contact@bdl-ip.com  

 

 

more from across site and SHARED ros bottom lb

More from across our site

Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Indian smartphone maker Lava must pay $2.3 million as a security deposit for past sales, as its dispute with Dolby over audio coding SEPs plays out
Powell Gilbert’s opening in Düsseldorf, complete with a new partner hire, continues this summer’s trend of UPC-related lateral movement
IP leaders at Brandsmiths and Bird & Bird, who were on opposing sides at the UK Supreme Court in Iconix v Dream Pairs, unpick the landmark case and its ramifications
Gift this article