The penalty payment being a measure

Application pratique:

The Court of Cassation's ruling makes clear that only the original party to the penalty order can seek its enforcement. The new owner cannot intervene in the original proceedings to claim the penalty. To resolve this, the new owner should either request the former landlord to enforce the order, or obtain a formal assignment of the right to enforce from the former landlord. If neither is possible, the new owner must initiate a fresh legal action against the tenant for the repairs, possibly seeking a new penalty clause.

Application pratique:

Under the principle confirmed by the Cour de cassation, only the association—the party to the original judgment—can seek liquidation of the penalty. The new buyer has no standing to intervene in those proceedings. She should contact the residents' association and urge them to enforce the existing order, or join the association if membership rules allow. Ultimately, she may need to bring her own claim against the developer for breach of contract, potentially seeking a separate penalty from the court.

Application pratique:

The case law explicitly prevents third parties from intervening to enforce a penalty payment from a prior judgment. As the new co-owner was not a party to the 2018 order, she cannot step into the shoes of the original co-owners for this purpose. Her practical options are to request that the surviving original co-owners pursue enforcement, or to bring a fresh action against the offending owner, citing the continued breach and requesting a new penalty. Joining the original co-owners as co-applicants could strengthen the new claim.