The Court of Cassation rules on the competence of the execution judge to decide on a request for deletion of a payment incident file during an enforcement procedure.
Extract
[...] JEX could have been considered the best placed to appreciate the opportunity of a dismissal this is closely linked to the contestation of the executed debt - GUINDARD (works)on the rationalization of the PC and the concentration of the contentious could invite to a more nuanced analysis: the procedure should aim at simplifying the contentious proceedings, limiting the fragmentation of competence, improving access to the J Technically flawless solution but it fragments the treatment Idea to put in the conditional, because we are making an analogy, and not knowing explicitly its position on the ruling - BUT, the compatibility of the solution of the ruling (and of the now stable JP with subsequent rulings) with the Euro JP * ECHR, consistently asserts that the right of access to J must be concrete and effective, and not technical or illusory. Golder v. UK, 1975: Recognition of the right of access to J as an autonomous component. [...]
[...] Camino, 2012 : ob° for the national judge to raise ex officio the abusive nature of a clause + national procedural rules must not make it impossible or excessively difficult to protect the consumer - Incidence on the jurisdiction of the JEX: the CJEU does not challenge the specialization of national courts as such. It only controls that the PCD architecture does not compromise the effectiveness of the DUE rights - Thus, decision 2023 is compatible with the DUE as long as a distinction appeal exists and the competent J Expansion : A challenge of wider JP articulations Articulation between PEX, governed by a specialized J and characterized by its speed and the contentious issues of the DC related to credit the choice was made according to the competence of JEX But perhaps better to do it according to the matter? [...]
[...] Avoid diverting JEX from its main function. Admitting that JEX could be aware of a request for FICP deregistration would have led to a fragmentation of competences, a risk of conflicting decisions, a dilution of the coherence of banking litigation. However, FICP registration/deregistration falls under an autonomous regime, framed by the provisions of the Code of the cs° * In addition to the quality of the lack of jurisdictional defect in FNR, which can be raised in any case, contributes to the rationalisation procedural : it allows to avoid a jurisdiction ruling ultra vires (« beyond its powers), which would further reinforce legal insecurity. [...]
[...] The Court of Appeal, on April confirms the judgment, and fixes the amount of the claimant's claim. By a judgment of February the JEX notes the caducity of the writ. There is significance of a new writ to pay worth real estate seizure. The Court of Appeal of Aix-en-Provence dismisses all claims, and validates the procedure of real estate seizure carried out against them according to the writ dated September and fixes the amount of the claim and interest. It considers that the count provided constituted a simple affirmation by the borrowers without probative value. [...]
[...] Successive confirmations without deviation - - Civ Sept 2023, 21-23.233 : Know that direct disputes related to MEF Confirmation of the limit - Civ Oct 2023, 22-15.456 : Cannot rule on a request requiring autonomous assessment of the parties' rights independently of the MEX Insists on the functional and not general nature of the JEX - Civ Jan 2024, 22-18.512 Confirm the FNR Consolidation tech of qualification used in the commented judgment II. Preservation in the commented judgment of the balance between the jurisdictional specialization of the JEX and the effectiveness of the right to J OR a better administration of justice to the detriment of the rights of D A. [...]
