By Raphaël MORENON
21 March 2025
The astreinte is a formidable tool in the French legal arsenal. This indirect coercive measure is designed to encourage a debtor to fulfil his obligations under the threat of a financial penalty. Unlike damages, an astreinte has a coercive rather than remedial function. Who can impose an astreinte? How is it implemented? What are its legal effects? This article addresses these questions, which are essential to understanding the astreinte mechanism. 1. The courts with jurisdiction to order an astreinte Jurisdiction is widely shared The principle is clear: "Any court may, even of its own motion, order an astreinte to ensure the enforcement of its decision" (article L. 131-1 of the Code of Civil Enforcement Procedures). This all-encompassing wording means that any court, whether ordinary or specialised, may attach an astreinte to its decision. Judicial tribunals such as commercial courts and industrial tribunals have this power. The courts...
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