Have you obtained a favourable court ruling in another country? Or perhaps you are affected by a judgement handed down abroad, such as a divorce or an inheritance decision? Many people think that once a legal decision has been handed down, it applies everywhere. However, the legal reality is more complex. A judgment obtained outside France does not automatically produce its effects on French territory. It crosses a legal boundary that requires examination before it can be fully recognised or, more importantly, enforced here. This stage, which is often overlooked, is fundamental for both individuals and companies involved in international relations. Our firm regularly observes the difficulties encountered when this issue is not anticipated. This article aims to shed some light on the subject: what is a foreign judgment that is relevant to French law, why is its recognition necessary and what are the main principles governing its effectiveness in France?
What is a foreign judgment under French law?
To begin with, let us clarify what we are talking about. A foreign judgment, in the context that interests us here, is a decision given by a judicial authority (a tribunal, a court) or a similar authority in another country. It must concern what the law calls "civil and commercial matters".
This covers a wide range of everyday and business situations:
- Family matters: divorce, legal separation, marriage annulment, decisions on child custody or maintenance ordered outside France.
- Contracts: disputes concerning the performance or breach of a contract with a person or company based abroad.
- Civil liability: claims for damages following injury caused by a person residing abroad or occurring outside France.
- International successions: decisions concerning the division of property located in different countries.
- Claims: obtaining a payment order against a debtor residing abroad.
It is useful to distinguish these judgments from other types of foreign decisions or deeds. For example, an international arbitration award (issued by a private arbitral tribunal) or a notarial deed drawn up abroad is subject to specific rules of recognition and enforcement, different from those applicable to judgments of foreign state courts. Similarly, purely criminal decisions (criminal fines, prison sentences) or administrative decisions (relating to foreign taxes, for example) generally follow other channels.
Why is a foreign judgment not automatically valid in France?
The idea that a foreign judgment should be "validated" in France may come as a surprise. After all, a court decision has been made. Why this extra step? The main reason lies in the principle of the sovereignty of the French State.
Each country defines the rules that apply on its territory and has a monopoly on legitimate coercion (for example, the power to force the enforcement of a decision). Allowing any foreign judgment to apply unchanged in France would be tantamount to allowing a foreign authority to dictate legal effects on French soil, without any control. It would be ignoring the legal boundary that separates national systems.
Beyond the principle, this control responds to a practical need for protection. The aim is to ensure that the foreign judgment does not violate the fundamental principles of the French legal system. Imagine the consequences if a decision obtained abroad at the end of an unfair procedure, or whose content was manifestly contrary to our essential values (such as fundamental equality between individuals), could be forcibly applied in France. The review makes it possible to avoid such situations. It ensures that the foreign decision complies with a certain standard of justice and conformity before it is given full effect in France. It is not, therefore, a systematic distrust of foreign courts, but a safeguard for the domestic legal order and the people who live there.
Two main routes to effectiveness in France: exequatur or recognition by operation of law
So how can a foreign judgment become effective in France? French law provides for two main mechanisms, which do not apply to the same situations or have the same scope.
The best-known route is theexequatur. This is a genuine legal action brought before a French court. Its aim is to obtain a French decision granting the executory force the foreign judgment. Think of the exequatur as an "enforcement visa": it is essential if you need to use the force of law to enforce the judgment (for example, to seize your debtor's assets). Without an exequatur, it is impossible to appoint a bailiff to enforce the foreign judgment.
The other way is recognition de planoIn other words, automatic recognition by operation of law. In this case, the foreign judgment has certain effects in France as soon as it is handed down, without the need for prior legal proceedings. It's a bit like a passport that allows you to enter a country and be recognised there: your status changes automatically. This mainly concerns judgments that change a person's civil status or capacity (a foreign divorce makes you divorced in France, a foreign adoption creates a parent-child relationship that is recognised here).
Please note, however, that "automatic" does not mean "without control". Plano is always recognised with reservation the foreign judgment is lawful in terms of the conditions laid down by French law (jurisdiction of the foreign court, fair procedure, compliance with public policy, etc.). If someone challenges the validity of the judgment recognised de plano, a French court will have to check that a posteriori its regularity.
These two routes - exequatur and de plano recognition - have different conditions and implications, which will be explained in more detail in future articles.
Practical importance for you (individuals and businesses)
The issue of recognition of foreign judgements is not just a legal curiosity. It has very real consequences in many situations, affecting both individuals and businesses in an increasingly connected world.
For the individualsexamples abound:
- Divorce or separation abroad : Your divorce outside France must be recognised so that you can remarry in France or so that the financial consequences (alimony, compensation) can be enforced here if your ex-spouse lives or owns property in France.
- International adoption : A foreign adoption judgment must take effect in France for the child to be legally recognised as yours, with all the consequences in terms of name, nationality and inheritance.
- Estates : If you inherit property in France as a result of a foreign decision (a ruling on the validity of a foreign will, for example), you will need to have this decision recognised in order to assert your rights with banks and government departments or to sell the property.
- Judgment of conviction : Have you won a case against someone living in France after a dispute abroad (accident, breach of contract)? You will probably need to go through the exequatur procedure to recover the sums owed. Conversely, if you are the subject of a foreign conviction, its recognition in France will determine whether it can be enforced against you here.
- Childcare : A foreign decision setting the children's residence or visiting rights must be recognised in order to be applied if one of the parents moves to France.
For the companiesIn international trade, the stakes are just as high, if not daily:
- Debt collection : A French company that has obtained a judgment against a foreign customer will often have to seek to have it recognised and enforced in that customer's country. Conversely, a foreign company that has obtained a judgment against a French company will have to obtain exequatur in France in order to seize its assets here.
- Contractual disputes : A foreign judgment ruling on a dispute over an international contract (supply, distribution, provision of services) must be recognised for the decision (annulment of the contract, damages) to be binding on the party located in France.
- Intellectual property : The recognition of foreign judgments may be relevant in cross-border patent or trademark disputes.
- Collective proceedings (bankruptcy, reorganisation) : The recognition of a foreign judgment opening insolvency proceedings has major effects on the company's assets located in France and on the rights of French creditors.
Failure to anticipate these issues can lead to blockages, additional costs and sometimes the sheer impossibility of asserting a right that has been recognised by a court ruling. Understanding the basic mechanisms is the first step in navigating these complex situations.
The recognition and enforcement of foreign judgments in France are governed by precise rules, derived from French domestic law (mainly the Civil Code and the Code of Civil Procedure), but also strongly influenced by European Union law and numerous bilateral or multilateral international agreements that can simplify or modify procedures. Navigating these issues can be complex. Our firm can help you assess your specific situation and enforce your judgments in France.
Sources
- Civil Code
- Code of civil procedure
- Relevant European Union regulations (in particular the Brussels Regulations)
- Applicable international conventions (in particular Hague Conventions, bilateral conventions)
EN 
FR