Commercial Court

Specialization

This court has jurisdiction over the cases and pays orders whatever may be their subjects and rights as well as financial, corporeal and legal centers meant to protect arising from commercial transactions. This court has two circuits, the minor circuits consist of a single judge to look into commercial claims of value less than One Hundred Thousand Dirham as well as counter cases regardless of their value. The second circuit is the major circuits consist of three Judges presided by one of them, look into commercial claims, the value of which is not estimated or more than One Hundred Thousand Dirham as well as the counter cases regardless of their value.

Laws and Procedures

Cases

Commercial cases of full jurisdiction

Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 100000 Dirham provided they are not related to labor relationships, personal status, estates or Wakfs.
Concerned Department:The court of full jurisdiction with due observance of the rules of jurisdiction and conflict of laws in the Procedural Law and the Law on Civil transactions.
Formation of Department:Three judges+Clerk of session (Secretary)
Charges:Proportional observing the different brackets, the maimum fees, the number of claims and legal causes of action.
Insertion and Interference:Relevant with due observance of the procedural rules and the law on fees.
Occasional Applications:Relevant with due observance of the procedural rules and the law on fees.
Deletions:Relevant
Renewal:Relevant
Entails:Relevant
Abate by time:Relevant with due observance of the delays, procedural rules and the law on fees.
Expedition:Relevant with due observance of the delays, procedural rules and the law on fees.
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees.
Interference of Prosecution:Relevant if the defendant is not a minor or under guardianship

Civil and commercial cases of summary jurisdiction

Civil and commecial cases of summary jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecumiary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakfs, whenever these cases are detyermined in value and this value is not in excess pf 100000 Dirham.
Concerned Department:The court of summary jurisdiction with due observance of the rules of jurisdiction and conflict of laws in the Procedural Law and the Law on Civil transactions.
Formation of Department:One judge+Clerk of session (Secretary)
Charges:7.5% of the value of the case with due observance of the number of claims and legal causes of action.
Insertion and Interference:Relevant with due observance of the procedural rules and the law on fees.
Occasional Applications:Relevant with due observance of the procedural rules and the law on fees.
Deletions:Relevant with due observance of the procedural delays and the law on fees.
Renewal:Relevant
Entails:Relevant
Abate by time:Relevant with due observance of the delays, procedural rules and the law on fees.
Expedition:Relevant with due observance of the delays, procedural rules and the law on fees.
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays and procedural rules provided the value of the case exceeds 3000 Dirhams
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees.
Interference of Prosecution:Relevant if the defendant is not a minor or under guardianship

Writs of performance

Writs of performance are orders on petition and are considered an exception to the general rule of raising a lawsuit to recover rights. It is practiced whenever the creditor's right is evidenced in writing, due for payment and the right claimed is a monetary debtdetermined in value. It is also practiced if the rigjt owner is a creditor by virtue of a commercial paper and his claim is restrictively addressed to the drawer, the maker, the acceptor or the guarantor. The request to issue the order must be preceded by a five day prior notice addressed by the creditor to the debtor asking him to effect payment. The amount claimed in the notice of payment may not be less than the right claimed in the petition to issue the order of payment.
Concerned Department:The competent court according to the value of the right claimed
Formation of Department:Summary:One judge+ Clerk of session (Secretary)- Full jurisdiction: 3 judges + Clerk of session (Secretary).
Charges:Proportional with due observance of the minimum and maximum levels of fees.
Insertion and Interference:Irrelevant
Occasional Applications:Irrelevant
Deletions:Irrelevant
Renewal:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Expedition:Irrelevant
Complaint:Relevant with due observance of the delays and procedural rules
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees.
Petition for review:Irrelevant
Interference of Prosecution:Irrelevant

Orders on petition

Orders on petition are decisions rendered by the court upon submission by the petitioner without summoning the other parties. It aims at taking provisional or precautionary measures preserving the right or preventing the prejudice subject to the appreciation of the court and for the reasons and circumstances stated. These orders are forfeited if not submitted for execution within thirty days from the date of teir issuance.
Concerned Department:The court having original jurisdiction on urgent matters or the court deciding the merits of the case when examining a case and the petition submitted is related to this case.
Formation of Department:Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction
Charges:Fixed according to the Law on Fees
Insertion and Interference:Irrelevant
Occasional Applications:Irrelevant
Deletions:Irrelevant
Renewal:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Expedition:Irrelevant
Complaint:Relevant with due observance of the delays, procedural rules and the law on fees.
Appellant:Irrelevant
Petition for review:Irrelevant
Interference of Prosecution:Irrelevant

Summary cases

Summary cases are cases in which the petitioners aim at obtaining judicial protection of the necessary means to decide the merits of the case in order to make the substantive protection more efficient by means of requesting the issuance of judicial orders to the effect of taking practical, provisional and protective measures from the risk of delay in payment
Concerned Department:The court of summary jurisdiction for urgent matters
Formation of Department:One judge+Clerk of session (Secretary)
Charges:500 Dirhams
Insertion and Interference:Irrelevant
Occasional Applications:Irrelevant
Deletions:Irrelevant
Renewal:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Expedition:Irrelevant
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees.
Interference of Prosecution:Irrelevant

Sequestration

Sequestration is a measure taken by virtue of a petition to put a specific property under the protection of the court in order to protect the arrested property by limiting the authority of the arrested debtor with a view to secure the sequestrator creditor.Sequestration shall be considered as inexistent unless the applicant thereto files, with the competent court, a lawsuit in confirmation of the right and the validity of the seizure, within eight days at most from the date of laying the sequestration.
Concerned Department:The court having original jurisdiction om urgent matters or the court deciding the merits when examining the related case
Formation of Department:Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction
Charges:Proportional with due observance of the fees brackets and the maximum and minimum of fees.
Insertion and Interference:Irrelevant
Occasional Applications:Irrelevant
Deletions:Irrelevant
Renewal:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Expedition:Irrelevant
Complaint:Relevant with due observance of the delays and procedural rules
Appellant:Irrelevant
Petition for review:Irrelevant
Interference of Prosecution:Irrelevant

Grievance

Where orders on petition, including writs of performance, are issued without confronting the other party to the litigation . For this reason the legislator has taken into consideration the right of the other party to guarantee his rights of defense and consequently gave him the right of grievance with respect of any order on petition including orders of performance and sequestrations in order to rebut its grounds and protect himself ot its effects.
Concerned Department:The competent court having original jurisdiction in urgent matters when examining a case submitted to it.
Formation of Department:Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction
Charges:Variable as stated in the Law on fees according to the kind of grievances.
Insertion and Interference:Irrelevant
Occasional Applications:Irrelevant
Deletions:Relevant
Renewal:Relevant
Entails:Relevant
Abate by time:Relevant with due observance of the delays, procedural rules and the law on fees.
Expedition:Relevant with due observance of the delays, procedural rules and the law on fees.
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees.
Interference of Prosecution:Irrelevant

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