The Enforcement Judge Who Assesses the Penalty Payment

Application pratique:

The enforcement judge can only calculate the penalty at €500 x 90 days = €45,000. They cannot award the €30,000 income loss as they lack jurisdiction over damages. To recover this loss, the landlord must bring a separate claim before the judicial court, focusing on the tenant's fault in resisting the eviction order.

Application pratique:

When seeking payment of the penalty, the buyer can ask the enforcement judge to set it at €200 x 30 = €6,000. However, the judge cannot award the €1,500 accommodation cost as that constitutes separate damages. The buyer must file a distinct legal action for those losses, proving they resulted directly from the seller's unreasonable delay.

Application pratique:

The enforcement judge will liquidate the penalty at €1,000 per week for 10 weeks = €10,000. They cannot assess the €5,000 loss of enjoyment damages. The affected co-owners must initiate a separate claim before the competent court to recover compensation for the loss of use, citing the obstructive co-owner's resistance to the removal order.