Single chapter: On-call duty

Any judge may, even of his own motion, order an astreinte to ensure that his decision is enforced. The enforcement judge may attach an astreinte to a decision made by another judge if the circumstances make this necessary.

The astreinte is independent of the damages. The astreinte may be provisional or definitive. An astreinte is considered provisional unless the judge has specified that it is definitive. A definitive astreinte may only be ordered after a provisional astreinte has been imposed and for a period to be determined by the judge. If one of these conditions has not been met, the astreinte is liquidated as a provisional astreinte.

The astreinte, 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.

The amount of the provisional astreinte is calculated taking into account the behaviour of the person to whom the injunction has been addressed and the difficulties he has encountered in complying with it. The rate of the definitive astreinte may never be modified when it is liquidated. The provisional or definitive astreinte is cancelled in whole or in part if it is established that the failure to comply or the…