The Decision Imposing a Penalty Payment

Application pratique:

Because the decision imposing the penalty does not have res judicata effect, the judge quantifying it can interpret the works already carried out and reduce the penalty at his discretion. The landlord should submit invoices, photos, and expert reports proving substantial compliance, and request cancellation of the penalty for the future if the works are now complete. This can significantly lower the amount owed.

Application pratique:

The buyer should document every remaining defect and all communication with the seller, but recognise that the judge may reduce the penalty if the seller shows genuine effort. To strengthen the claim, the buyer should request a judicial expert assessment of the remaining works, but anticipate a possible reduction. Negotiating a settlement based on the actual cost of fixing the defects may be more effective than insisting on the full penalty.

Application pratique:

The co-owner should gather evidence of the removed portion and any obstacles that prevented full removal, relying on the principle that the judge has discretion to reduce and cancel future penalty. He should apply to the enforcement judge (juge de l'exécution) to reassess the penalty, providing a detailed chronology and expert testimony if needed. Negotiating with the syndicate to complete the remaining works and asking for penalty cancellation going forward is advisable.