Injunction to do

Verified 01 August 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Your order is not delivered or the work in your accommodation is not finished? You can apply to a judge for an injunction to compel your opponent to perform his or her duty. If your request is substantiated by evidence, the judge shall set the conditions and time limit within which the execution must be carried out. We present you with the information you need to know.

To apply for an injunction, you must ensure that the 3 conditions the following are completed:

  • The contract was entered into between persons who did not all have the status of merchant
  • The amount of the dispute (the price of the product not delivered for example) does not exceed €10,000
  • The time limit for action (limitation period) is not exceeded: 5 years or less (to be checked on the contract).

Please note

Attempting to reconcile is not mandatory, but is still recommended. You can offer it to your opponent by registered mail with acknowledgement of receipt or with the help of a conciliator of justice.

You can apply by completing the cerfa form no. 11723. It must be completed, dated and signed.

Application for an injunction to make in the court of law (including the local court)

Applications may also be made on free paper. It must be dated and signed.

You must specify the exact nature of the obligation claimed (delivery of the goods...) and indicate the amount of damages claimed in case of non-performance.

The application must be accompanied by supporting documents : invoice, purchase order, quotation...

Your application will be rejected by the judge if you do not have supporting documents.

Your request must be filed or addressed to the graft of the court of justice.

The competent court shall be that from your opponent's home or the place of performance of the contract (your home in case of unfinished work for example).

Who shall I contact

The judge's decision is based solely on the information in your file. There's no no audience.

A lawyer can take care of it of your procedure, if you wish. It's not not obligatory.

If you don't have enough resources to pay for legal fees, you can apply for legal aid.

Who shall I contact

The procedure is free.

The judge may accept or reject the application for an injunction.

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Acceptance

If the judge considers your request to be justified, he decides and pronounces an order for an injunction.

The order shall set thepurpose of the obligation (delivery of the ordered goods...), the time limit and conditions of performance the injunction to do.

It also sets the place, day and time of the eventaudience if your opponent does not execute an injunction to do so.

The order is notified to the parties, i.e. you and the opponent, by registered letter with acknowledgement of receipt.

Rejection

If the judge considers that your request is not justified (no contract between the parties, limitation period or is not competent, he makes an order of dismissal.

This decision is without appeal.

The request and the documents produced are returned to you.

If you still feel that your request is justified, you can to bring proceedings before the court of justice. In front of the court, there's a audience and each side can defend itself. The court shall give its decision in the form of a  judgment.

The injunction order may or may not be enforced by the opponent.

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Order Fulfilled

If your opponent fulfills his obligation within the time limit set by the order, you must inform the graft of the judicial tribunal who made the order.

Order not executed

If your opponent does not execute the decision or only partially executes it, you must present yourself to the date of the court hearing. This date is indicated on the injunction.

The court, after an attempt to reconcile the parties, shall judge the initial application and any other applications that may be added.

The decision of the court may be appealed.

An appeal shall be possible for the claimant or defendant. The type of appeal depends on the total amount of the dispute:

  • If the case concerns a sum of less than  €5,000, you can form a  appeal in cassation in the two-month period. This requires that the decision be contrary to the law or that the procedure has not been followed.
  • If the case involves more than €5,000 you can challenge the judgment by doing call in the 1-month period.

The deadline starts from notification  of the decision by the Registry of the General Court.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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