Thursday, February 4, 2016

The civil procedural law is being further amended with the intervention of Law of 19 October 2015 called "pot-pourri I", so called because the reforms occur here and there in various aspects of the procedure. A law "potpourri II", which concerns criminal procedure, has meanwhile been approved in the House of Representatives.

Here is a summary of two of the changes brought by the Law "potpourri I", which are among the most interesting for the litigant, because of their participation in an accelerated debt recovery procedure:

1. The law gives a much more important role in the provisional enforcement of judgments. For proceedings initiated after 1 November 2015, judgments can be executed even when an appeal was lodged. Previously, the appeal had the effect of preventing the victorious party to enforce the judgment unless it had specifically asked (then referred to the provisional execution request). With the “pot-pourri I” law, this specific request is no longer necessary. However, it is fundamental to note one important exception: the new law does not apply to judgments pronounced by default (in the absence of the other party).

2. A new procedure for recovery of uncontested credits will shortly be established. It will not require to go before the Tribunal anymore, but the bailiffs will henceforth be in charge. This procedure, which aims to facilitate and accelerate the recovery, will be valid only for claims in cash and which are not contested. Hence the importance of administrative rigor in the treatment of invoices: without systematic implementation of disputes, litigation may be reversed and the "debtor" will be in the obligation to generate significant fees… A royal decree will intervene as to allow this new procedure to enter into force.