The ordinary remedy against the mandatory injunction to pay shall be the opposition. It shall be brought before the President of the competent court who rendered the decision granting the mandatory injunction to pay. The opposition shall be filed by the extrajudicial act.

The opposition shall be filed within fifteen (15) days from the mandatory injunction’s service date. This time limit shall be extended taking into account the distance of the parties from the seat of the court.

However, where the injunction was not personally served on the debtor, the opposition shall be admissible up to the expiry of fifteen (15) days following a first act of personal service or, failing this, following the first enforcement measure which shall have the effect of attaching all or part of the debtor’s property.

The opposing party shall, under pain of forfeiture and in the same act as the opposition:

  • Serve the opposition on all the parties as well as the registry of the court which issued the order;
  • Serve a summons to appear before the competent court on a scheduled date which shall not exceed a period of thirty (30) days from the date of the opposition.

The court in which the opposition is filed shall attempt conciliation. Where the conciliation succeeds, the President shall draw up a conciliation report which shall be signed by the parties. One copy thereof shall contain the executory formula.

Where the conciliation fails, the court shall immediately rule on the claim for recovery, even in the absence of the debtor who filed the opposition and the court’s decision shall have the effect of a judgment delivered after adversary proceedings.

The burden of proof of the debt shall lie on whosoever petitions for a mandatory injunction to pay.

The decision of the court taken upon the opposition shall substitute the mandatory injunction to pay.

The decision delivered upon the opposition may be appealed against in accordance with the national procedural law of each State Party. However, the time limit for appeal shall be thirty (30) days from the decision date.

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