Fines, complaints and courts · Court order · ex parte retraction
Set aside an ex parte court order in France
A French ex parte order is made without prior adversarial debate where that framework is justified. If granted, an interested person may return to the issuing judge for variation or withdrawal. From 1 October 2026, a served article 145 order has a specific one-month referral period. Check the legal basis, service and transitional rules.
Text in force1 October 2026Sources checked19 October 2026
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Is an initial refusal challenged by retraction?
Article 496 provides a fifteen-day appeal under noncontentious rules unless the order comes from the appeal court’s first president. This concerns the refused applicant, unlike an interested person affected by a granted order.
Read the referencesAn order was made without prior debate: I can help gather the application and acts to examine retraction before the appropriate judge.
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How does an ex parte order differ from a default judgment?
Article 493 describes a provisional non-adversarial decision where the applicant is entitled not to call the opponent. Lack of an initial debate is a specific framework, not merely a summoned party’s absence. Retraction should not be prepared using a default-judgment opposition template.
Code de procédure civile : article 493Code de procédure civile : article 496
Which documents and periods must remain separate?
| Situation | Current rule to examine | Starting point or qualification |
|---|---|---|
| Article 145 order to execute | Three months unless another period is set | Order date; check transition |
| Served article 145 order | One month to refer for retraction | Service; check transition |
| Application refused | Article 496 appeal route | Fifteen days and first-president exception |
| Granted application on another basis | Return to the issuing judge | Do not generalise the article 145 month |
Code de procédure civile : article 495Code de procédure civile : article 496Code de procédure civile : article 497
Why is the application needed as well as the order?
Article 495 provides for a reasoned order and copies of both application and order for the person against whom it is relied on. Reasons, cited evidence, authorised mission and execution terms inform the challenge. A photograph of the last page alone does not reconstruct what the court was asked to authorise.
How can you distinguish application, order, execution and service?
The reader checks basis and regime before identifying the branch. Dates remain facts to prove, with no automatic deadline for older cases.
Fictional example · Your preparation worksheet
For a served article 145 order within the current regime, article 496 provides one month from service to refer to the judge, on pain of inadmissibility.
- Order
- 2026-10-05
- Service to verify
- 2026-10-12
- Find the complete application and order, including legal basis and reasons.
- Separate the order, execution and service dates.
- Identify the interest in variation or withdrawal and the issuing judge.
- Have transitional rules and time computation checked before relying on an individual period.
Fictional example. Execution and retraction periods are not interchangeable. The worksheet neither files with the court nor issues a firm final date.
Which period matters for a served article 145 order?
In the version in force from 1 October 2026, article 496 provides that a served article 145 order must be referred to the judge within one month of service, on pain of inadmissibility. Do not extend this specific rule to every order or apply it to older cases without transitional analysis.
What does the governing text say about ex parte retraction?
S'il est fait droit à la requête, tout intéressé peut en référer au juge qui a rendu l'ordonnance.
In plain English: Article 496 governs routes after refusal or grant and, from October 2026, a specific period for served article 145 orders. Basis and transitional scope must still be checked.
Is execution timing the same as the retraction period?
No. Article 495 now provides for execution of an article 145 order within three months of its date unless the judge sets another period, under the stated lapse regime. That clock starts at the order; article 496’s retraction month starts at service. Keep each document and date separately.
Code de procédure civile : article 495Code de procédure civile : article 496
Which judge can vary or withdraw a granted ex parte order?
The interested person returns to the judge who made the order. Article 497 allows that judge to vary or withdraw it even where the merits court is seized. Identify the challenged part, interest and material for debate rather than assuming another case removes this route.
Code de procédure civile : article 496Code de procédure civile : article 497
What else should you know about ex parte retraction?
Is an initial refusal challenged by retraction?
Article 496 provides a fifteen-day appeal under noncontentious rules unless the order comes from the appeal court’s first president. This concerns the refused applicant, unlike an interested person affected by a granted order.
Does every served ex parte order trigger a one-month retraction period?
The verified specific period concerns an article 145 order under the current regime. Legal basis and transitional scope matter. A general statement borrowed from another order type can mislead.
Can execution documents be discarded once the measure was carried out?
No. The order and acts distinguish the authorised mission, execution dates, service and challenge. Keep the application, order and execution documents together.
Code de procédure civile : article 495Code de procédure civile : article 496
Must an older order automatically use the October 2026 period?
No. Transitional applicability must be checked against actual dates and acts. This page describes provisions current at the check date; the tool does not automatically place an older case within the new regime.
Code de procédure civile : article 495Code de procédure civile : article 496
Which sources explain ex parte retraction?
- Code de procédure civile : article 493République française / DILA : Légifrance
- Code de procédure civile : article 495République française / DILA : Légifrance
- Code de procédure civile : article 496République française / DILA : Légifrance
- Code de procédure civile : article 497République française / DILA : Légifrance
Texts cited last checked: 19 October 2026