référencé

Référé is a legal procedure in French law that allows a judge to issue urgent interim orders to resolve a dispute provisionally. The procedure is designed to provide swift relief in situations where immediate action is necessary to prevent irreparable harm or to maintain a status quo. It is distinct from the main proceedings that will eventually adjudicate the merits of the case.

The judge presiding over the référé, known as the president of the tribunal or their delegate, has the power to order provisional measures such as the payment of a sum of money, the provision of a service, or the cessation of a particular activity. These decisions are based on the apparent existence of an obligation and the urgency of the situation, without prejudice to the ultimate resolution of the dispute. The judge does not rule on the substance of the claim but rather addresses immediate needs.

To initiate a référé procedure, a party must demonstrate the urgency of their request and the existence of a seemingly clear obligation on the part of the opposing party. The procedure typically involves a relatively short timeframe for the parties to present their arguments and evidence. The judge's decision in a référé is provisionally enforceable, meaning it must be complied with even if an appeal is filed. However, it does not have the authority of res judicata, and the main proceedings will determine the final outcome of the dispute. The référé procedure is a crucial tool for ensuring justice and preventing prejudice in urgent legal matters within the French legal system.