Difficulties that arise during the implementation of the judgment on liability are, pursuant to article L. 623-19, submitted to the “juge de la mise en état” before the expiry of the time limit set for consumer compensation. This time limit is suspended until the Pre-Trial Judge’s decision. The order of the Pre-Trial Judge is not subject to appeal.
Claims for compensation which have not been granted by the professional shall be brought before the judicial court, with a view to the hearing set pursuant to the provisions of Article R. 623-8, in the form laid down for incidental claims and within the time limit set by the judge for referring the matter to him, in accordance with Article L. 623-11.
If no claim for compensation has been lodged with the court within the time limit set pursuant to Article L. 623-11, the judge shall declare the proceedings terminated.
The association representing consumers pursuant to the provisions of Article L. 623-20 is deemed to be a creditor within the meaning of articles L. 111-1 and L. 111-2 of the Code of Civil Enforcement Procedures for the compulsory enforcement of a judgment given on the basis of the provisions of Article R. 623-10.
In all acts relating to the judicial liquidation of damages and the compulsory enforcement of the judgment, the association shall specify, in addition to the particulars required by law, on pain of nullity, the identity of the consumers on whose behalf it is acting.
An application by an approved consumer protection association for it to be substituted for the rights of the applicant association pursuant to the provisions of Article L. 623-31 is made by way of incidental application.
The court shall rule, at the request of the association that referred the matter to it, on the transfer of all or part of the advance that may have been awarded pursuant to the provisions of article L. 623-12.
The decision rejecting the request for substitution is not subject to appeal.
The substitution entails the transfer of the mandate given by the consumers to the substituted association.The defaulting association shall hand over the documents as well as the funds held, where applicable on behalf of consumers, to the association which is substituted for it, which shall acknowledge receipt thereof. The defaulting association is not discharged of its obligations until such time as this is done.
Civil disputes arising from the application of this Code shall, where the amount of the claim does not exceed €5,000, be governed by the rules relating to referral by application in accordance with the provisions of articles 756 to 759 of the Code of Civil Procedure.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
