Civ. 1st , April 5, 2023, FS-B+L, n° 21-25.044
"5. It follows from this text that the court of appeal can only automatically notice its lack of jurisdiction if the case falls within the jurisdiction of a criminal or administrative jurisdiction or is beyond the knowledge of the French jurisdiction.
6. To declare, ex officio, the family affairs judge incompetent in application of article L. 213-3, 2°, of the code of judicial organization, the judgment holds that the request for compensation Occupation formed by Mrs [F] is legally based on the occupation without right or title of her building and not on the liquidation and sharing of the property interests of the cohabiting partners.
7. By ruling in this way, while the request did not fall within the jurisdiction of a criminal or administrative jurisdiction and did not escape the knowledge of the French jurisdiction, the Court of Appeal violated the above-mentioned text."
