Judgments | France | Cross-Border Enforcement Center

With which jurisdictions does this country have reciprocal arrangements for enforcement of judgments?

Brussels Regulations:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Lugano Convention 2007:

Denmark, Iceland, Norway, Switzerland

Hague Choice of Court Convention 2005:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Bilateral:

Algeria, Argentina, Austria*, Belgium*, Benin, Bosnia, Brazil, Bulgaria*, Burkina Faso, Cameroon, Canada, Central African Republic, Chad, China, Congo, Côte d'Ivoire, Croatia*, Czech Republic*, Djibouti, Egypt, Gabon, Hungary*, Italy*, Laos, Macedonia, Madagascar, Mali, Mauritania, Monaco, Mongolia, Montenegro, Morocco, Niger, Poland*, Portugal*, Romania*, San Marino, Senegal, Slovakia*, Slovenia*, Spain*, Togo, Tunisia, United Arab Emirates, United Kingdom, United States, Uruguay, Vietnam

*only relevant to matters not covered by the Brussels regimes

If there is no reciprocal arrangement, is it still possible to enforce a foreign judgment by means of a writ on the judgment, declaration of enforceability or similar mechanism?

Under French law, the enforcement procedure is provided for in Articles 509 et seq. of the French Code of Civil Procedure, which states that "Judgments handed down by foreign courts and documents received by foreign officers shall be enforceable in the territory of the Republic in the manner and in the cases provided for by law". This legal provision is implemented by the exequatur judge. French case law has set the conditions for enforcing a foreign decision in the absence of a multilateral or bilateral convention.

In this respect, the cumulative conditions of the Cornelissen decision issued by the French Cour de Cassation of 20 February 2007 (Cass. Civ. 1. 20 February 2007, N°05-14082; more recently Cass. Civ. 1. 29 January 2014 N°12-28953 & Cass. Civ. 1. 17 December 2014, N°13-21365) must be applied. French courts will verify:

The jurisdiction of the foreign court, based on the connection of the dispute with the court seized;
The compliance with international substantive and procedural public policy;
And the absence of fraud.

What is the approximate time required to register and enforce a foreign judgment if unopposed?

Save the situation where a specific regulation or treaty exists such as the European Regulations (where the proceedings are ex parte), the proceedings to obtain the exequatur of a foreign judgment may last 1 year. Enforcing thereafter said judgment after obtention of the exequatur may last 3 to 6 months.

What is the approximate time required to register and enforce a foreign judgment if opposed?

If opposed, the proceedings to obtain the exequatur of a foreign judgment may last 2 to 3 years. The enforcement measures may also take 2 to 3 years if opposed.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if unopposed?

There are no court fees. Lawyers' fees will vary from a law firm to another.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if opposed?

There are no court fees. Lawyers' fees will vary from a law firm to another.

Are there any unusual difficulties in enforcing a foreign judgment?

There does not seem to be any unusual difficulty for the enforcement of foreign judgments under French law.

Cross-Border Enforcement Center

France

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