Article 1424-12 of the French Code of civil procedure
November 7, 2023
The court judgment replaces the European order for payment.
The court judgment replaces the European order for payment.
The court shall rule on an appeal where the amount of the claim exceeds the rate of its final jurisdiction.
When no opposition has been lodged within the time limit and after taking into account an additional period of ten days required for the appeal to be forwarded, the court registrar shall declare the European order for payment enforceable using the form provided for that purpose and shall affix the enforcement formula to the European order for payment.
The review procedure in exceptional cases is governed by articles 1424-8 to 1424-13.
Before the Commercial Court, the costs of the proceedings are advanced by the claimant and deposited with the clerk’s office within fifteen days of the application at the latest, failing which the application will lapse. The opposition is received free of charge by the court clerk. By registered letter with acknowledgement of receipt, the court clerk immediately invites the applicant to deposit the costs of the opposition at the court…
Enforcement in kind of an obligation arising from a contract concluded between persons who are not all merchants may be requested from the protection litigation judge or the judicial court in the matters referred to in Article 817.
The claim shall be brought, at the option of the claimant, either before the court of the place where the defendant resides or before the court of the place where the obligation is performed.
The application shall be made by petition lodged or addressed to the registry by the beneficiary of the obligation or by the persons mentioned in’article 764. In addition to the information prescribed by Article 57, the application shall contain: 1° A precise indication of the nature of the obligation whose performance is sought and the basis on which it is based; 2° Where applicable, the damages that will be claimed…
If, on the basis of the documents produced, the judge considers the application to be well-founded, he shall make an order granting an injunction to do which may not be appealed. He shall determine the subject matter of the obligation and the period and conditions within which it must be performed. The order shall also state the place, day and time of the hearing at which the matter will be…
The clerk’s office shall notify the parties of the order by registered letter with acknowledgement of receipt. The notification letter mentions the provisions of articles 1425-7 and 1425-8.
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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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