Course programme
Enforcement Law Updates
Learning Objectives
Upon completion of this course, participants will be able to:
- Identify recent case law developments in enforcement proceedings
- Master current issues relating to enforcement titles, claims, and the enforcement judge’s jurisdiction
- Integrate the impact of consumer protection public policy (unfair terms) into enforcement practice
- Apply recent case law on foreclosure proceedings
Module 1 – Overview of Enforcement Proceedings
- The enforcement title: starting point of the limitation period (Cass. 2nd civ., 5 Oct. 2023); incomplete enforcement formula (Cass. 2nd civ., 6 Feb. 2025)
- The liquidated claim: statutory interest surcharges (Cass. 2nd civ., 12 Jan. 2023); accounting between parties (Cass. 2nd civ., 15 Apr. 2021)
- The enforceable claim: current developments
- The enforcement judge: partial repeal of Article L. 213-6 COJ (Constitutional Council, 17 Nov. 2023; Cass. 2nd civ., 13 Mar. 2025); res judicata and CJEU case law
Module 2 – Consumer Protection Public Policy and Enforcement
- Acceleration of the loan under consumer credit law
- Unfair terms and their being deemed unwritten
- Current state of the case law: CJEU and Court of Cassation
- Proposed solutions and alert points for practitioners
- Impact on foreclosure proceedings: enforcement judge’s duty to raise issues ex officio
Module 3 – Overview of Foreclosure Case Law
- Limitation in foreclosure proceedings: start and end of the limitation period
- The descriptive report: legal requirements, recent litigation
- The orientation hearing: challenges to the creditor, the title, and the claim
- The orientation judgment: operative part, effects, appeal, impact of consumer protection public policy on appeal
- Adjudication: reserve price, excess of power challenge, application for revision, enforceability of the lease
