TITLE III: PREVENTION OF ENFORCEMENT DIFFICULTIES

The astreinte takes effect on the date set by the judge, which cannot be earlier than the date on which the decision imposing the obligation becomes enforceable. However, it may take effect from the day it is imposed if it is attached to a decision that is already enforceable.

For the application of article L. 131-3, lack of jurisdiction is raised ex officio by the judge hearing an application for the liquidation of an astreinte. Except where it emanates from a court of appeal, the judge’s decision may be appealed in accordance with the conditions laid down in the Code of Civil Procedure.

No astreinte may be enforced before it has been liquidated. The decision ordering an astreinte that has not yet been liquidated allows a precautionary measure to be taken in respect of a sum provisionally assessed by the judge responsible for liquidation.

The judge’s decision is enforceable by operation of law.