The enforcement judge (JEX): who is he and what are his powers?

Have you won your case, but the opposing party refuses to enforce the judgment? Has your debtor failed to pay despite a court ruling in your favour? The enforcement judge (JEX) is the institutional response to these situations. This specialised court is an essential part of the French legal system.

Who is the enforcement judge?

The president of the judicial court as a matter of principle

Since 1 January 2020, the function of enforcement judge has been performed by the president of the judicial court (article L. 213-5 of the Code of Judicial Organisation). This change is the result of the merger of magistrates' courts and high courts into judicial courts.

In principle, the JEX rules as a single judge, exercising "in the jurisdiction of the court and, if applicable, in that of each of the local chambers" (article R. 213-10 of the Code de l'organisation judiciaire).

A well-defined delegation mechanism

Court presidents may delegate this function to one or more court judges by means of a delegation order (articles L. 213-5 and R. 213-10 of the Code de l'organisation judiciaire).

This delegation specifies :

• Its duration (often annual)
• Its geographical scope (the whole jurisdiction or a specific area)

The order is widely publicised: it is sent to the President of the Bar and the President of the Departmental Chamber of Bailiffs, and is posted at the court registry and in the town halls in the jurisdiction.

The powers of the JEX

The JEX has exclusive jurisdiction in enforcement matters. Article L. 213-6 of the Code de l'organisation judiciaire sets out its precise remit.

Public policy jurisdiction

The jurisdiction of the enforcement judge is a matter of public policy. This means that any court other than the JEX must declare of its own motion that it does not have jurisdiction when a dispute arises during a compulsory enforcement measure (article R. 121-1 of the Code of Civil Enforcement Procedures).

In practice, the JEX knows :

• From difficulties relating to enforceable titles
• Challenges to enforcement
• Performance-related claims for compensation
• Authorisation for precautionary measures
• The foreclosure procedure
• Distribution of funds

A judge who can examine the merits of the law

What makes this judge particularly powerful is his ability to rule on questions relating to the substance of the law, provided that they are ancillary to a compulsory enforcement measure.

As stated by the Second Civil Chamber : "The enforcement judge may, in the context of a challenge to a compulsory enforcement measure, rule on the extinction of the claim that is the subject of the measure for a reason subsequent to the decision that established the claim. (Civ. 2e, 8 Dec. 2022, no. 20-20.233).

When can a case be referred to the JEX?

Referral to the JEX is subject to strict rules. If you make a mistake, your claim may be inadmissible.

A prior enforcement measure

A case can only be referred to the JEX when an enforcement measure has already been initiated. As the Court of Cassation stated in its opinion of 16 June 1995, the JEX has jurisdiction neither before nor after an enforcement measure.

In practical terms, a seizure must be in progress or a summons to pay served. A simple dispute between debtor and creditor without any enforcement measures does not fall within the jurisdiction of the JEX.

The summons to pay is considered to "engage" compulsory enforcement (Civ. 2e, 16 Dec. 1998, no. 96-18.255), which gives the JEX jurisdiction to deal with disputes arising after it has been served.

The limits to its jurisdiction

The JEX does not have the power to modify the operative part of a decision that serves as the basis for proceedings (article R. 121-1 of the Code of Civil Enforcement Procedures). He may not :

• Set aside a court decision
• Substituting equivalent compensation for compensation in kind
• Modifying the terms of a judgement

Some matters also fall outside its remit:

• Matters coming under the administrative courts
• Disputes relating to criminal judgments
• Criminal seizures

How can you best prepare your application?

Proceedings before the JEX is strictly regulated. Since 1 January 2020, representation by a lawyer has been compulsory, except in eviction cases or for claims of less than €10,000.

To optimise your chances of success:

1. Identify precisely the enforcement measure in dispute
2. Respect the 15-day time limit for lodging an appeal. call after notification of the decision
3. Remember that an appeal has no suspensive effect (unless you apply for a stay of execution).
4. Carefully prepare your evidence (bailiffs, notices, summonses)

Experience shows that many claims fail because of a lack of knowledge of the limits of the JEX's jurisdiction. A specialist lawyer will be able to guide you effectively and formulate your claims in compliance with the applicable legal framework.

For any dispute concerning a seizure or difficulty in enforcing a judgment, Our firm is at your disposal to analyse your situation and determine the most appropriate strategy..

Sources

• Code of Judicial Organisation, articles L. 213-5, L. 213-6, R. 213-10
• Code of civil enforcement procedures, articles R. 121-1, R. 121-2, L. 121-4
• Cass. opinion, 16 June 1995, no. 09-50.008
• Civ. 2e, 16 Dec. 1998, no. 96-18.255
• Civ. 2e, 8 Dec. 2022, no. 20-20.233
• Laurence Feuillard, "Juge de l'exécution", Répertoire de procédure civile, October 2020