Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

In accordance with Article L. 131-3 of the Code of Civil Enforcement Procedures, the penalty payment is ordered by the enforcement judge, “unless the judge who ordered it remains seized of the case or has expressly reserved the power to do so.” When the judge has exercised this prerogative, the judge who imposed the penalty payment is obliged to rule on the application for its settlement .

The ju …

Reserved jurisdiction

LAHRER-LOYER, Appeal procedure and liquidation of the penalty payment, Bull. avoués 1984, No 89, 1.

In accordance with Article L. 131-3 of the Code of Civil Enforcement Procedures, the penalty payment is ordered by the enforcement judge, “unless the judge who ordered it remains seized of the case or has expressly reserved the power to do so.” When the judge has exercised this prerogative, the judge who imposed the penalty payment is obliged to rule on the application for its settlement .

The judge in interim proceedings who imposed the penalty payment and reserved the power to fix it must therefore declare admissible the application submitted to that end . The jurisdiction reserved by the judge excludes any attempt at circumvention and takes precedence over any other consideration. In fact, the creditor's desire to obtain a judgment that is not  provisional does not allow him to circumvent the jurisdiction reserved by the judge in interim proceedings . However, the creditor can only appear before the judge in interim proceedings who imposed the penalty payment, for its settlement, if the judge has expressly reserved the power to do so . A mere reference to the interim order by which the judge indicates that he the matter shall be referred to him in case of difficulties cannot be interpreted as an express reservation of jurisdiction that would deprive the enforcement judge of the power to hear an application for liquidation of the penalty payment . However, when the reservation of jurisdiction is express, the judge in interim proceedings may be seized to carry out, as necessary, several successive liquidations of the same penalty payment .

Due to the devolutive effect of the appeal, the judges of the second instance, seized of the appeal of a judgment rendered in the matter of penalty payment liquidation by a competent judge, are themselves competent to liquidate a penalty payment . This is also the case when the first judges have ordered the provisional enforcement of their decision and attached a penalty payment to the order to carry out repair work, having expressly reserved the power to liquidate it . Having been vested with the powers of the enforcement judge, the Court of Appeal upholding the judgment under appeal in its provisions imposing a penalty payment for failure to comply with a restoration obligation and finds that the obligation has not been fulfilled, may enforce the penalty payment ordered by the first judge .

Finally, until relinquishing jurisdiction, it is accepted that a pre-trial judge has the power to liquidate the penalty payment they have ordered . However, when this judge has ordered the penalty payment but the Court of Appeal is still seized of the case, the latter must liquidate it .

Cass. 2e civ., 21 February 2008, LawLex202300010912JBJ.

Cass. 2e civ., 10 February 2011, LawLex202300010909JBJ.

Cass. 2e civ., 16 December 2004, LawLex202400002530JBJ.

Cass. 2e civ., 27 February 2014, LawLex202300003894JBJ.

Cass. 2e civ., 15 February 2001, LawLex202300008428JBJ.

Cass. 2e civ., 15 January 2009, LawLex202200011368JBJ.

Cass. com., 2 October 2001, LawLex202400002523JBJ.

Cass. soc., 20 October 2015, LawLex202300003893JBJ, holding that a Court of Appeal, hearing the appeal of the judgment of the labor tribunal before which the employee, in accordance with the express reservation of the conciliation order, filed an application for the liquidation of the penalty payment, is merely exercising the powers conferred upon it by the devolutive effect of the appeal when ruling on this application.

Cass. 2e civ., 28 June 2018, LawLex202300011477JBJ.

Cass. 2e civ., 10 February 2011, LawLex202400002529JBJ.

Cass. 2e civ., 21 February 2008, LawLex202200011369JBJ.

5. Civil Enforcement Procedures

81. Reserved jurisdiction(1)

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

81. Reserved jurisdiction.css-17rnqzd{cursor:pointer;margin-left:4px;-webkit-text-decoration:underline;text-decoration:underline;}(1).css-1exptwg{z-index:1500;color:#FFFFFF;font-family:IBM Plex Sans,sans-serif,Playfair Display,serif;font-size:16px;line-height:body1.lineHeight;}

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

81. Reserved jurisdiction(1)

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise