Injunction to do

Verified 24 February 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

An injunction is a legal procedure that makes it possible to oblige a trader, a craftsman or an individual to perform the contract concluded between them by a judge. It may involve the execution of works, the delivery of goods... If the judge accepts the request, it shall lay down the conditions and the time-limit within which implementation is to be carried out.

To obtain an injunction to do, you must verify that the following 3 conditions are met:

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

Please note

the attempt to reach an amicable agreement can be done with the help of a conciliator of justice.

You must fill out the cerfa form n°11723.

Application for an injunction to make in the court of law (including the local court)

The form must be completed, dated and signed.

You must specify the exact nature of the obligation claimed and indicate the amount of damages claimed in case of non-performance. The application must be accompanied by supporting documents: invoice, purchase order, quotation...

Your application will not be considered if it is incomplete.

The application must be filed or addressed to the graft of the court.

The court of jurisdiction is the court of your opponent's domicile or the place of performance of the contract (your accommodation in case of unfinished work for example).

Who shall I contact

The procedure itself is free of charge.

Other expenses (lawyer, commissioner of justice (former bailiff and judicial auctioneer)...) are at your expense. If you don't have enough resources, you can legal aid to cover all or part of these costs.

Please note

if you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.

Representation by counsel is not mandatory.

If you don't have enough resources, you can legal aid to cover all or part of the costs of a lawyer, commissioner of justice (former bailiff and judicial auctioneer)...

Répondez aux questions successives et les réponses s’afficheront automatiquement

If the request is justified

If the judge considers the application to be justified, he or she will issue an injunction.

The order sets out the purpose of the obligation, the time limit and the conditions for the execution of the order. It also sets a hearing date in the event of non-compliance with this order.

The order is notified parties by registered letter with acknowledgement of receipt.

FYI  

the judge's decision cannot be appealed. If you disagree, you must enter the court of law who will decide the dispute.

If the application is rejected

If the judge dismisses the application, his decision cannot be appealed.

The plaintiff will then be able to bring the matter before the court either by request, or by subpoena depending on the amount of the request.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Your opponent has fulfilled his obligations

If your opponent fulfills his obligation within the allotted time, you must inform the graft of the court that issued 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, you will both have to attend the hearing mentioned in the order. The court will have to judge your initial application and any other applications you may add.

If you don't like the new decision of the judge, you can appeal.

The type of remedy depends on the amount of money involved.

  • If the case concerns a sum of less than €5,000, the parties may contest the judgment by appeal in cassation within 2 months.
  • If the case involves more than €5,000, the parties may contest the judgment by appealing within 1 month.

The deadline starts from significance of the decision by a commissioner of justice (former bailiff and judicial auctioneer), of its notification by the registry of the court or by reading the decision in open court.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    Request a call

  • House of Justice and the Law