Enforcement judge
The enforcement judge (JEX): who is he and what are his powers?
By Raphaël MORENON31 March 2025Have 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? 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 stems from the merger of magistrates' courts and high courts into judicial courts. In principle, the JEX acts as a single judge, exercising jurisdiction "within the jurisdiction of the court and, where applicable, within that of each of the local chambers" (article R. 213-10 of the Code of Judicial Organisation). A well-defined delegation mechanism The...
The JEX and property seizures: a specific type of litigation
Law of guarantees, securities and enforcement measures, Enforcement judgeThe seizure of property is not a procedure like any other. Since the 2006 reform, the enforcement judge (JEX) has played a key role in this complex procedure, which results in the forced sale of a property. The central role of the JEX in the procedure The jurisdiction of the JEX in...The JEX and precautionary measures: how to protect your claims
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen your debtor is in danger of becoming insolvent, every day counts. Protective measures allow you to freeze your debtor's assets or claims to guarantee payment of your debt. The enforcement judge (JEX) plays a central role in these preventive measures. Authorisation for precautionary measures Conditions required To obtain a precautionary...Claims for compensation before the JEX: how to obtain damages
Law of guarantees, securities and enforcement measures, Enforcement judgeWhen an enforcement procedure goes wrong, the enforcement judge (JEX) can order the offending party to pay compensation for the damage caused. These prerogatives, set out in article L.213-6 of the Code of Judicial Organisation, provide an effective remedy for victims of abusive or damaging enforcement. Wrongful execution: a costly risk A...Special procedures before the JEX: applications and enforcement difficulties
Law of guarantees, securities and enforcement measures, Enforcement judgeEnforcement proceedings sometimes require the enforcement judge (JEX) to intervene quickly and effectively. The legislator has made provision for two special procedures, adapted to urgent situations: the procedure for enforcement difficulties and the procedure on application. These procedures enable bailiffs and creditors to obtain rapid and effective...The powers of the JEX with regard to enforceable titles
Law of guarantees, securities and enforcement measures, Enforcement judgeYou won your case. The judgment is in your favour. Now comes the crucial stage: enforcement. But your debtor is contesting. What can the enforcement judge do? The judge's powers are extensive but strictly regulated by law. Examination of difficulties relating to enforceable titles The JEX...Challenging a JEX decision: appeal procedures
Law of guarantees, securities and enforcement measures, Enforcement judgeLosing before the enforcement judge (JEX) is not an end in itself. The law provides for effective remedies against his decisions, in line with the foundations of civil procedure law and respect for the right to an effective remedy protected by the European Convention on Human Rights....The territorial jurisdiction of the JEX: which judge to refer to and where?
Law of guarantees, securities and enforcement measures, Enforcement judgeChoosing the right Juge de l'Exécution (JEX) can make the difference between an effective procedure and a costly and time-consuming rejection. The territorial jurisdiction of the JEX is governed by specific rules that you need to master to maximise your chances of success. The principle of the jurisdiction option...Stay of execution: how do you suspend the effects of a JEX decision?
Law of guarantees, securities and enforcement measures, Enforcement judgeYou have just lost before the enforcement judge (JEX). You think the decision is questionable and you want to appeal. Problem: this appeal has no suspensive effect. The decision remains immediately enforceable, with potentially irreversible consequences. A stay of execution is therefore your last resort to avoid enforcement...Proceedings before the JEX: what happens at a hearing?
Law of guarantees, securities and enforcement measures, Enforcement judgeMastering the procedure before the enforcement judge (JEX) is a decisive asset in winning your case. This specialised court, created by the law of 9 July 1991, deals with all enforcement disputes. Its procedure is governed by specific rules that you should be familiar with to avoid any pitfalls.
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