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

The liquidation of the penalty payment is an important step in the enforcement process. It allows for the determination of the amount the debtor must pay in case of non-compliance with their obligations and, consequently, ensures the creditor's lien.

Pursuant to Article L.131-3 of the Code of Civil Enforcement Procedures, the penalty payment, even if final, is liquidated by the enforcement judge, unless the judge who ordered it remains seized of the case or has expressly reserved the power to do so . In principle, the enforcement judge is the ordinary judge for liquidating the penalty payment  and has exclusive jurisdiction. Any other judge must ex officio decline jurisdiction, failing which the proceedings must be annulled . However, where the judge who ordered the penalty payment expressly reserves the power to liquidate it , the enforcement judge must step aside. This exception to the principal jurisdiction of the enforcement judge is interpreted narrowly: the inclusion in the interim order that the judge will be referred to in case of difficulties does not constitute an express reservation of jurisdiction that would deprive the enforcement judge of the power to hear a claim for liquidation of the penalty payment .

Finally, when a penalty payment is ordered by a labor court, the enforcement judge may be called upon to ensure its enforcement. However, if a party decides to appeal the first-instance decision, the entire dispute is then submitted to the Court of Appeal, which, by the devolutive effect of the appeal, becomes the appellate jurisdiction for both the enforcement judge and the labor court and has full authority to rule on the liquidation of the penalty payment .

Cass. 2e civ., 26 March 1997, LawLex202200011372JBJ.

Cass. 2e civ., 5 April 2007, LawLex202200011373JBJ.

Cass. 2e civ., 17 December 1997, LawLex202200011376JBJ; Cass. 1re civ., 21 March 2000, LawLex200200000814JBJ.

Cass. 2e civ., 21 February 2008, LawLex202200011369JBJ; 27 February 2014, LawLex202300003894JBJ; Cass. 3e civ., 26 March 2020, LawLex202300003890JBJ.

Cass. 2e civ., 15 January 2009, LawLex202200011368JBJ. See also, Cass. 2e civ., 20 March 2003, LawLex202200011377JBJ.

Cass. soc., 6 May 2015, LawLex202300003891JBJ; 20 October 2015, LawLex202300003893JBJ.

Exclusive jurisdiction

37. Exclusive jurisdiction