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Injunction

Verified 06 December 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

An injunction to make is a procedure by which a judge can be asked to compel a merchant or an individual to perform his or her contractual commitment. For example, the delivery of furniture or the performance of a service or task. If the judge accepts the application, he or she shall determine the conditions and time limits within which the person must comply.

Before asking for an injunction to do, you must check whether the following 3 conditions are met:

  • The amount of the dispute (example: the price of the product not delivered) must not exceed €10,000
  • The limitation period must not be exceeded
  • An attempt to reach an amicable agreement with your opponent was made without success.

Please note

an attempt to reach an amicable agreement may be made with the help of a justice conciliator..

You must fill in the form cerfa n°11723*11.

Application for an injunction to the court (including the court of proximity)

The form must be completed, dated and signed.

Attach supporting documents: invoices, purchase orders, quotes.

Your application will not be considered if it is incomplete.

The application must be filed or addressed to the transplant court.

The court to be seised shall be the court of the place of domicile of your opponent or of the place of performance of the obligation.

The procedure itself is free.

Other costs (lawyer, bailiff....) are your responsibility. You can ask legal aid to cover these costs.

Please note

if you lose your case, you are in principle ordered to reimburse the costs of the trial (costs) to your opponent.

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If the request is justified

If the judge considers the application to be justified, he makes an order for an injunction to make.

The order shall determine the subject-matter of the order, the time limit and the conditions for the execution of the order. It also specifies a new hearing date for non-compliance with this order.

The order is then notified to your opponent and to you by registered letter with acknowledgement of receipt.

The judge's decision cannot be appealed.

If the request is rejected

If the judge rejects the application, the decision cannot be appealed.

The plaintiff may then bring the matter before the court either by queryor assignment depending on the amount of the application.

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Your opponent has fulfilled his obligations

If your opponent fulfills his or her obligation within the prescribed time limit, you must inform the clerk of the court who made the decision. The case ends and there is no new hearing.

Your opponent has not fulfilled his obligations

If your opponent does not fulfill his obligations, in part or in full, a new hearing will be held at the date and time indicated on the order. The court will have to judge the initial application and any other applications that may be added.