The enforcement judge's jurisdiction over property seizures has specific features that sometimes make it difficult to define.
Jurisdiction of the enforcement judge
The jurisdiction of the enforcement judge is based on the third paragraph of Article 5 of the Civil Code.article L. 213-6 of the Code of Judicial Organisation : "The enforcement judge has jurisdiction, subject to the same reservation, over the seizure of property procedure, disputes arising in connection therewith and claims arising from or directly related to this procedure, even if they concern the substance of the law, as well as the distribution procedure arising therefrom.
The duties of the enforcement judge are performed by the president of the judicial court, subject to delegation (article L. 213-5 of the Code of Judicial Organisation).
The body of a sentence "disputes arising in connection with such proceedings and claims arising therefrom or directly related thereto, even if they concern the substance of the law". allows the enforcement judge to purge difficulties relating to the enforcement of notarial deeds. The fact that a notarial deed can be enforced without first being referred to a judge on the merits means that all disputes relating to its validity remain admissible before the enforcement judge.
The question submitted to the enforcement judge must nevertheless arise during the forced execution, failing which it will fall within the jurisdiction of the court hearing the case on the merits. For example, it has been held that a claim for an order that the creditor pay damages does not fall within the jurisdiction of the enforcement court because it does not constitute a challenge to the seizure of the property (Cass. civ., 2nd, 25 Sept. 2014, no. 13-20.561, published in the Bulletin ; Cass. civ. 2nd, 22 June 2017, no. 15-24.385).
Lastly, the enforcement judge has jurisdiction from the date of issue of the summons to pay for the seizure of property, i.e. well before the case is registered when the summons to attend the orientation hearing is filed with the clerk of the auction registry.
The first paragraph of Article R. 321-1 of the Code of Civil Enforcement Procedures states that "Pursuant to Article L. 321-1, enforcement proceedings are commenced by serving a summons to pay on the debtor or third party holder at the request of the pursuing creditor.
Territorial jurisdiction of the enforcement judge
The territorial jurisdiction of the enforcement judge is governed by articles R. 311-2 and R. 311-3 of the Code of Civil Enforcement Procedures.
Article R. 311-2 of the Code of Civil Enforcement Procedures states that "The seizure of real estate is pursued before the enforcement judge of the court in whose jurisdiction the seized property is located.
Article R. 311-3 of the Code of Civil Enforcement Procedures states that "Where a creditor has simultaneously seized several properties belonging to the same debtor located in the jurisdictions of several judicial courts, the proceedings shall be brought before the enforcement judge of the court in whose jurisdiction the seized property where the debtor lives is located, failing which, before the judge of the jurisdiction in which any of the properties is located.
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