Subsection 2: Procedure

The parties are notified of the decision by the court clerk’s office by registered letter with acknowledgement of receipt. A copy of the decision is sent on the same day by simple letter to the parties and to the bailiff. If the letter of notification is returned to the court clerk’s office but cannot be delivered to the addressee or to any person authorised to do so, the court clerk…

The enforcement judge may reserve the right to verify the enforcement of his decision and, to this end, prescribe the necessary measures.

If necessary, the judge may declare the decision enforceable on the basis of the minutes alone.

A decision to release enforcement or precautionary measures shall, within the limits of its purpose, entail the suspension of proceedings as soon as it has been pronounced and the removal of any effect of unavailability as soon as it has been notified.

Unless otherwise provided, the decision of the enforcement judge may be appealed, unless it is a judicial administration measure.

The time limit for appeal is fifteen days from notification of the decision. The appeal is lodged, investigated and judged in accordance with the rules applicable to the procedure provided for in article 905 of the Code of Civil Procedure or to the procedure for a fixed date.

The time limit for appeal and the appeal itself have no suspensive effect.

In the event of an appeal, an application may be made to the First President of the Court of Appeal for a stay of execution of decisions taken by the enforcement judge. The application is made by means of a summary proceedings summons delivered to the opposing party and notified, where applicable, to the third party in whose hands the seizure has been carried out. The application for a stay…