Subject-matter jurisdiction (competent court by subject)

Subject-matter jurisdiction determines which type of court hears a case according to its subject. The court of general jurisdiction for property and personal claims is the civil court of first instance, while the civil courts of peace, commercial, labour, family, consumer and cadastre courts hear the case types assigned to them by statute.

These rules are a matter of public order: the parties cannot alter them by agreement, and the court examines its competence of its own motion at every stage. Upon a finding of lack of jurisdiction, the file is transferred to the competent court on request; absent an application within the statutory period, the case is deemed never filed.

Distinctions such as lease disputes going to the peace courts and commercial cases to the commercial courts must be identified correctly at the outset, since filing in the wrong court wastes time and costs. In doubtful cases, precedent on the nature of the dispute should be researched.