In a ruling handed down on 24 October 2024, the Paris Court of Appeal reaffirmed the option of territorial jurisdiction for in futurum investigative measures concerning real estate.
In the case at hand, the President of the Paris Judicial Court had declined jurisdiction to order an expert appointment of an immovable asset located outside his territorial jurisdiction. According to the order referred to the Court, the investigative measures in futurum provided for in Article 145 of the French Code of Civil Procedure are subject to an autonomous regime in terms of territorial jurisdiction, giving the President of the court within whose jurisdiction the immovable asset in question is located exclusive jurisdiction to order the measure.
The Paris Court of Appeal overturned the order on the grounds that the judge competent to rule on an application based on Article 145 of the CPC is the president of the court hearing the case on the merits or, alternatively, the court in whose jurisdiction the measure is to be enforced.
In this case, as the Paris Judicial Court was likely to hear the case on the merits, even though it concerned an immovable asset outside its jurisdiction, the President of the Paris Judicial Court should have retained jurisdiction to order measure 145.
