An order for interim relief does not have the authority of res judicata in the main proceedings. It can only be modified or set aside in summary proceedings in the event of new circumstances.
If necessary, the judge may order that the summary order be enforced on the basis of the minutes alone.
An interlocutory injunction may be appealed against unless it is issued by the first president of the court of appeal or it was issued as a last resort by reason of the amount or subject matter of the claim. An order given in final instance by default is subject to opposition. The time limit for appeal or opposition is fifteen days.
The interim relief judge who imposes a penalty payment may reserve the right to liquidate it. He shall rule on the costs.
The minutes of summary orders are kept at the court registry.
An ordonnance sur requête is a provisional decision rendered in a non-adversarial manner in cases where the applicant is justified in not calling an opposing party.
The application must be submitted in duplicate. It must state the reasons on which it is based. It must include a precise indication of the documents relied on. If it is presented in the course of proceedings, it must indicate the court seised. In urgent cases, the application may be presented at the judge’s domicile.
The order on application shall state the reasons on which it is based. It shall be enforceable on the basis of the minutes alone. A copy of the application and the order shall be left with the person against whom it is made.
If the request is not granted, an appeal may be lodged unless the order is issued by the First President of the Court of Appeal. The time limit for appeal is fifteen days. The appeal is lodged, investigated and judged as in non-contentious matters. If the application is granted, any interested party may refer the matter to the judge who made the order.
The judge has the option of amending or retracting his order, even if the case is before the judge hearing the case on the merits.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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