You have obtained a court decision abroad that is favourable to you, for example an order for a debtor to pay you a sum of money. If the debtor lives or owns property in France, you might think that all you have to do to obtain satisfaction is present the foreign judgment. Unfortunately, the situation is more complex. To be able to use the legal means of enforcement in France (such as a seizure on a bank account or wages), your foreign judgment must receive some sort of official French authorisation: this is the exequatur procedure. Without this step, your foreign decision, even if perfectly valid in its country of origin, remains a dead letter as far as enforcement in France is concerned. This article explains when this procedure is essential and how it works overall in the French courts.
When is exequatur absolutely necessary?
The principle is simple: the exequatur is mandatory as soon as you consider a forced execution on French territory. In other words, if the person sentenced by the foreign judgment does not comply voluntarily, you will need the exequatur to be able to use the powers of the French police to force them to do so.
Here are some concrete examples where exequatur is essential:
- Seizing assets : To have bank accounts, wages, furniture or property belonging to your debtor and located in France seized.
- Compel action : To force a person to comply with a foreign decision involving physical action in France, such as handing over a child in accordance with a decision on parental custody, or vacating a dwelling.
- Take out an official guarantee : To register a judicial mortgage on a French property, based on a foreign pecuniary conviction, in order to secure your debt.
To sum up, as soon as a bailiff has to be called in to enforce a foreign judgment in France, exequatur is required. Article 509 of the Code of Civil Procedure states that foreign judgments can only be enforced in France if they have been declared enforceable by a French court.
It is important to distinguish these situations from those where only the recognition of a state or a right is at stake, without the need for coercion. As we mentioned in our previous articleFor example, recognition of a foreign divorce in order to remarry in France does not generally require prior exequatur. It is the purpose - enforcement - that triggers the obligation to go through this specific procedure.
Who is competent to grant exequatur in France?
Only the French judicial authorities can grant exequatur to a foreign judgment so that it can be enforced in France. No foreign authority can do this.
Material competence lies with the Court of First Instance. It is therefore before this court that the application for exequatur must be brought.
As for territorial jurisdiction, the general rule applies: the court in the place where the person against whom enforcement is sought (the defendant) is domiciled must be seised. If this person lives abroad or if his or her domicile is unknown, the plaintiff can generally bring the case before the court for the place where enforcement of the judgment is envisaged (for example, the location of a property to be seized) or, possibly, that of his or her own domicile in France. In practice, the Tribunal Judiciaire de Paris is often accepted as having jurisdiction because of its experience in this area.
How does the exequatur procedure work (outline)?
Obtaining exequatur is not a simple administrative formality. It is a genuine legal proceedings which takes place before the Court of First Instance.
It is introduced by a assignmentThis is a document delivered by a bailiff to the opposing party. This means that the person against whom you are seeking exequatur will be informed of your action and will be able to defend itself. The assistance of a lawyer is mandatory for this procedure.
The key point to understand concerns the role of the French judge hearing the exequatur application. His powers are strictly limited: it does not reconsider the merits of the case. The French judge does not appeal against the foreign decision. He will not re-examine the facts, or check whether the foreign judge correctly applied the law of his country or another law. The question of whether the foreign decision was "correctly judged" or "incorrectly judged" is not his problem. It is the fundamental principle of prohibition of substantive reviewwhich has long been established in French case law (particularly since the Munzer 1964).
So what do French judges do? He exercises a international regularity control. It verifies only whether the foreign judgment complies with a certain number of conditions. essential conditions in order to be admitted to the French legal system. These conditions, which will be the subject of our next article, relate in particular to :
- The jurisdiction of the foreign court that rendered the decision.
- The legality of the procedure followed abroad (respect for the rights of the defence).
- Whether the decision complies with French international public policy (i.e. does not offend fundamental French values).
- The absence of fraud.
At the end of this review, the French court will issue a ruling:
- Either it grants exequatur The foreign judgment is then declared enforceable in France.
- Either it refuses exequatur the foreign judgment cannot be enforced in France.
What documents should I prepare?
To apply for exequatur, the applicant must provide the court with a number of supporting documents. These documents are essential to enable the French court to carry out its review. The documents usually required are :
- An authentic copy of the foreign judgment : This is not a simple photocopy, but an official copy issued by the registry of the foreign court, bearing the necessary seals or stamps attesting to its authenticity (sometimes referred to as the "grosse" or enforceable copy).
- Proof that the judgment is enforceable in the country of origin : The judgment must be final or at least enforceable (even if there are still non-suspensive appeals) under the law of the country where it was handed down. A certificate from the foreign registry or a note on the judgment can attest to this. A judgment that is not (or is no longer) enforceable in its country of origin cannot be enforced in France.
- Proof of service of the judgment : It must be proved that the opposing party was officially notified of the decision, particularly if the opposing party failed to attend the trial abroad.
- Proof of service of the document instituting proceedings : If the defendant did not appear abroad, it must be proved that he was summoned and given the opportunity to defend himself.
- A sworn translation : If the judgment and supporting documents are written in a foreign language, a translation into French by a translator approved by the French courts is essential.
It is important to gather these documents carefully, as their absence or inadequacy may lead to the application being rejected.
What happens once the exequatur has been obtained?
If the French court grants exequatur, the foreign judgment acquires legal force on French territory, the same enforceability as a judgment handed down by a French court.
In practical terms, this means that you can commission a bailiff in France to implement the necessary enforcement measures (seizures, eviction, etc.), as you would for a French judgment. Once the foreign decision has been granted exequatur, it becomes a French enforcement order in its own right for the purposes of enforcement.
It should be noted that certain international conventions or European regulations may provide for simplified exequatur procedures, or even the abolition of exequatur for certain types of judgments circulating within the European Union. These specific systems derogate from the general law described here.
The exequatur procedure is a technical but often essential step in giving full effect to a foreign judgment in France, particularly when a forced execution is necessary. In view of the conditions to be checked and the documents to be provided, it is strongly recommended that you are accompanied by a lawyer with expertise in private international law to help you through this process and, more generally, to help you navigate the complexities of private international law. judgments under french law. For a personalised analysis of your case, our team is at your disposal.
Sources
- Code of civil procedure (in particular article 509)
- Civil Code (in particular article 2401 for judicial mortgages)
- Code of civil enforcement procedures (in particular article L. 111-3)
- Case law (principle of non-revision on the merits, judgment Munzer)
- European Union regulations and applicable international conventions.
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