Enforcement
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Are fees and costs of enforcement typically recoverable?

Under French law, Article L. 111-8, paragraph 1 of the French Code of Enforcement Procedure provides that "the costs of forced execution shall be borne by the debtor unless it is obvious that they were not necessary at the time they were incurred. Disputes are decided by the judge."

Of course, the "costs of recovery undertaken without an enforcement title ("titre exécutoire") shall remain the responsibility of the creditor, unless they relate to an act the performance of which is prescribed by law to the creditor. Any stipulation to the contrary shall be deemed to be unwritten unless otherwise provided by law" (Article L. 111-8, paragraph 2 of the French Code of Enforcement Procedure).

Is seizure of goods available as an enforcement method?

Under French law, the seizure of goods as an enforcement method is available with regards to the moveable property, which the debtor is bound to deliver or return to the creditor, under the conditions outlined under Article L. 222-1 of the French Code of Enforcement Procedures ("saisie-appréhension").

Is attachment of earnings available as an enforcement method?

Attachment of earnings is available in France ("saisie des rémunérations"). Article L. 3252-1 of the French Labor Code sets forth the conditions, limits and the proportions of earnings that could be subject to an attachment.

Is attachment of third party debts available as an enforcement method?

French law allows attachment of third party debts ("saisie entre les mains d'un tiers"), as provided by Articles L. 211-1 through L. 211-5 and R. 211-1 through R. 211-23 of the French Code of Enforcement Proceedings.

Are charging orders or orders for sale of land, goods etc available as an enforcement method?

Under French law, charging orders and orders for sale of goods are available as enforcement method at the conditions outlined at Articles L. 221-1 through L. 221-6 of the French Code of Enforcement Procedures ("saisie-vente").

Special procedures also exist in relation to the issuance of charging orders of of vehicles, or intangible property.

Immovable property can also be subject to orders for sale, pursuant to Articles L. 311-1 through L. 334-1 of the French Code of Enforcement Procedures ("saisie immobilière").

Can a judgment or award be enforced by way of insolvency proceedings?

French law does not allow the enforcement of judgments or awards by way of insolvency proceedings.

In this respect, The Paris Court of Appeal ruled that an order authorizing the enforcement of an award against a company involved in restructuring proceedings is contrary to international public policy insofar as it infringes the mandatory rules of the law of insolvency proceedings (Paris Court of Appeal, 12 May 2011, n°10/10078).

Can a receiver be appointed by way of enforcement?

Yes. Under French law, creditors can take their debtor to court by summoning him into recovery proceedings (Article L.631-5, French Commercial Code) or liquidation proceedings (Article L.640-5, French Commercial Code). If the court grants the request, it will then appoint a receiver.

Any other method of enforcement?

No.