Chapter II: Disputes

If the conditions set out in articles R. 511-1 to R. 511-8 are not met, the judge may order the measure to be released at any time, with the parties heard or called, even in cases where Article L. 511-2 allows this measure to be taken without its authorisation. It is up to the creditor to prove that the required conditions have been met.

The application for release is made to the judge who authorised the measure. If the measure was taken without the prior authorisation of the court, the application is brought before the enforcement court of the place where the debtor resides. However, where the measure is based on a claim falling within the jurisdiction of a commercial court, the application for release may be brought, before any trial, before the President…

Other disputes are referred to the enforcement judge in the place where the measure is implemented.