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 order on ex parte application is a decision rendered by the enforcement judge on an application submitted by a party to the enforcement. This procedure is governed by the provisions of Article R. 121-23 of the Code of Civil Enforcement Procedures. The enforcement judge rules by order on ex parte application in cases specified by law or when circumstances require that an urgent measure not be t …

Ex parte proceedings

The order on ex parte application is a decision rendered by the enforcement judge on an application submitted by a party to the enforcement. This procedure is governed by the provisions of Article R. 121-23 of the Code of Civil Enforcement Procedures. The enforcement judge rules by order on ex parte application in cases specified by law or when circumstances require that an urgent measure not be taken adversarially. In the latter case, neither the creditor who submits an application to the enforcement judge to be authorized to take interim protective measures on the debtor's assets, nor the judge who grants it, are required to specify the circumstances justifying that the order be rendered non-adversarially  .

The order on ex parte application is an emergency procedure  that can be implemented, even before any proceedings for the liquidation of a penalty payment, to ascertain potential breaches of the prohibition imposed under penalty . However, it cannot be used to obtain the imposition of a penalty payment, even in an emergency, as its punitive nature requires the recipient to have the opportunity to present their defense . Similarly, the application for the issuance of a writ of execution against a third-party holder cannot be submitted to the enforcement judge through the order on ex parte application procedure: such an application must be submitted by way of a writ of summons .

The application is submitted or sent to the court registry by the applicant or their lawyer. However, the order on ex parte application does not need to be signed by the court clerk to be valid. The application is presented in duplicate. It must be reasoned and include a precise indication of the exhibits relied upon. The enforcement judge must rule within eight days from the receipt of the application. The judge may render a decision without a hearing, unless they deem it necessary to summon the parties to be heard.

If the application is not granted, the decision may be challenged by way of appeal before the competent Court of Appeal. The appeal period is fifteen days from the service of the order on ex parte application. The appeal is filed, instructed, and adjudicated as in non-contentious matters. However, if the application is granted, any interested party may refer to the judge who issued the order  and not to the Court of Appeal . Nevertheless, pursuant to Article 495 of the Code of Civil Procedure, the order on ex parte application is enforceable upon presentation of the original. As a result, even if an appeal is pending, the order on ex parte application is immediately enforceable and is not suspended pending the outcome of the appeal .

Cass. 2e civ., 5 December 2019, LawLex202300001018JBJ.

Cass. 2e civ., 27 November 1997, LawLex202200011393JBJ.

CA Paris, 25 May 2000, LawLex200500004038JBJ.

Cass. civ., 9 February 1998, LawLex202200011394JBJ.

Cass. 2e civ., 3 November 2005, LawLex202200011396JBJ; 8 July 2004, LawLex202200011395JBJ.

Cass. 2e civ., 7 November 2002, LawLex202300003829JBJ.

5. Civil Enforcement Procedures

41. Ex parte proceedings

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41. Ex parte proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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