Decision of the Court of Cassation on the lack of jurisdiction of the enforcement judge to rule on the statute of limitations for a recovery action

Yesterday, the Court of Cassation issued a ruling in which it clarified that a trial court judge lacks jurisdiction to rule on the statute of limitations for a debt collection action.

In doing so, it overturns the ruling of the enforcement judge, who had held that he had jurisdiction to rule on this matter "on the grounds that the enforcement judge has the authority to rule on a motion to dismiss."

The Court thus holds that, even ifadministration an enforceable judgment, the enforcement judge may not rule on a motion to dismiss based on the statute of limitations for the recovery action.

Supreme Court, 2nd Civil Chamber, Jan. 16, 2025, No. 22-15.627, Published