Guide to Cross-Border Enforcement: Foreign-Related Lawyers Explain the Rules for Enforcing Foreign Judgments in France

In the resolution of cross-border commercial disputes, the recognition and enforcement of foreign judgments is a key step in realizing the rights and interests of the parties. As a core member state of the European Union and a hub for international commercial activity, France’s rules on enforcing foreign judgments reflect both unified EU legislation and distinct features of domestic law, while also being subject to multiple multilateral and bilateral conventions. Based on the current French legal framework and judicial practice, this article provides a systematic explanation of the rules governing the enforcement of foreign judgments in France from the perspectives of legal basis, enforcement paths, exceptional situations, and procedural requirements.

I. Legal Basis Framework for Cross-Border Enforcement in France

France relies primarily on three categories of legal norms for the enforcement of foreign judgments, forming a three-layer framework of domestic law, multilateral conventions, and bilateral conventions:

1. Domestic law foundation: centered on the French Code of Civil Procedure and the French Code of Civil Enforcement Procedures, supplemented by relevant case law of the Cour de cassation, which together provide the basis for enforcement in situations where no convention applies.

2. Multilateral conventions: serving as core applicable instruments, including Regulation (EU) No 1215/2012 (the Brussels I Recast Regulation) at the EU level, the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Judgments Convention under the framework of the Hague Conference on Private International Law, as well as the Lugano Convention applicable between the EU and Iceland, Norway, and Switzerland.

3. Bilateral conventions: judicial assistance treaties signed by France with multiple countries, the application of which must be determined according to the treaty provisions and the circumstances of the individual case.

Particular attention should be paid to the interaction of EU internal legislation. The Brussels I Recast Regulation entered into force on January 10, 2015 and replaced the 2001 Brussels I Regulation, which continues to apply only to proceedings commenced before January 10, 2015. In addition, for special matters such as insolvency proceedings, small claims, and payment orders, the EU has enacted supplementary legislation such as Regulation (EU) No 2015/848 on insolvency proceedings and Regulation (EC) No 861/2007 on the European Small Claims Procedure.

II. Differentiated Enforcement Paths for Foreign Judgments: EU vs Non-EU

The method for enforcing foreign judgments in France depends primarily on whether the judgment originates from an EU member state, resulting in two distinct paths: simplified enforcement and ordinary enforcement.

(I) Judgments from EU Member States: A Simplified Path Without Exequatur

Under the Brussels I Recast Regulation, a civil or commercial judgment issued by an EU member state that is enforceable in the original member state may be directly recognized and enforced in France without the need for an exequatur application.

1. Limits of scope: this path applies only to civil and commercial matters and excludes taxation, customs and administrative matters, the status and legal capacity of natural persons, matrimonial property matters, insolvency and liquidation proceedings, social security, arbitration, family maintenance obligations, and wills and succession.

2. Enforcement requirements: the judgment creditor need only provide the debtor with a copy of the judgment satisfying authenticity requirements, together with the certificate of enforceability issued by the court of origin, which must state the court, the parties, the date of the judgment, and the obligations to be performed, and, if necessary, a French translation. The enforcement procedure may then be initiated under French law, and the judgment has the same enforceability as a French domestic judgment.

3. Special rules for particular matters: enforcement of provisional protective measures requires an additional certificate showing that the issuing court had jurisdiction over the substance of the matter. If the judgment is a default judgment, it must be ensured that the debtor was duly notified of the proceedings. A payment order may also follow the simplified enforcement route if it was issued through adversarial proceedings and has become effective.

(II) Judgments from Non-EU Countries: The Ordinary Path Requiring Exequatur Review

To enforce a judgment from a non-EU country in France, the judgment must first pass exequatur review by the French courts. The main legal basis is the French Code of Civil Procedure together with applicable conventions such as the 2019 Hague Judgments Convention and the 2005 Hague Convention on Choice of Court Agreements.

1. Core review standards: French courts review only procedural legality and do not review the merits of the judgment. Three conditions must be satisfied:

The court that rendered the judgment had jurisdiction over the case, as determined under French private international law rules;

The content and effects of the judgment do not violate French international public policy;

The judgment was not obtained by fraud.

1. Application of the 2019 Hague Judgments Convention: this Convention entered into force on September 1, 2023. The EU, excluding Denmark, and Ukraine were among the first contracting parties, and the UK is expected to accede on July 1, 2025. The Convention applies to the cross-border circulation of civil and commercial judgments, excluding bankruptcy, intellectual property, antitrust, and similar matters. Its core rules include the following:

The judgment must satisfy one of the jurisdictional bases set out in the Convention, such as the defendant’s residence, the place of performance of the contract, or an agreed forum;

The grounds for refusing recognition and enforcement are limited to matters such as improper procedure, fraud, and violation of public policy, and review on the merits is prohibited;

Contracting states may limit the scope of application of the Convention by declaration or may refuse to establish reciprocity with a specific contracting state.

1. Relationship between conventions and domestic law: where a case falls within the scope of the 2005 Hague Convention on Choice of Court Agreements, meaning a civil or commercial dispute governed by an exclusive choice of court agreement, that Convention applies with priority. In the absence of an applicable convention, French domestic law applies directly.

III. Statutory Situations in Which Foreign Judgments Will Not Be Enforced

Regardless of the country of origin, French courts will refuse recognition and enforcement of a foreign judgment in the following situations:

1. Violation of public policy: where the content of the judgment or its enforcement would manifestly conflict with French international public policy, such as protection of fundamental rights or principles of judicial fairness;

2. Defect in jurisdiction: where the court that rendered the judgment lacked jurisdiction. For EU judgments, this means a violation of the jurisdictional rules under the Brussels I Recast Regulation; for non-EU judgments, it means a violation of the jurisdictional standards of French private international law;

3. Procedural irregularity: where the debtor was not duly notified of the proceedings or was subjected to a default judgment without a fair opportunity to defend;

4. Fraud: where the judgment was obtained by fraudulent means;

5. Conflict of judgments: where an EU judgment conflicts with an earlier final judgment in France or another EU member state, or where a non-EU judgment conflicts with an earlier final French judgment;

6. Exception for provisional measures: the 2019 Hague Judgments Convention expressly excludes enforcement of provisional protective measures.

IV. Enforcement Procedure for Foreign Judgments in France

(I) Procedure for Enforcing Judgments from EU Member States

1. The creditor prepares a copy of the judgment, the certificate of enforceability from the court of origin, and, where necessary, a French translation;

2. The materials are submitted to the French enforcement authority at the debtor’s domicile or at the place where enforcement is to occur;

3. After a formal review of the materials, the enforcement authority may directly take enforcement measures such as asset seizure or bank account attachment;

4. If the foreign court subsequently suspends enforcement of the judgment, the French enforcement authority will terminate the enforcement process.

(II) Procedure for Enforcing Judgments from Non-EU Countries

1. Application for exequatur: the creditor files an application before the tribunal judiciaire at the debtor’s domicile or at the place of enforcement. Representation by a French lawyer is required, and the application must include a copy of the judgment, a translation, and supporting evidence;

2. Judicial review: a single judge examines the three core conditions described above through written submissions and a hearing. During this review period, limitation periods do not apply;

3. Effect of exequatur: once the court grants exequatur, the creditor may initiate enforcement proceedings on the basis of that order;

4. Right of appeal: the parties may appeal within one month of service of the exequatur order, or within three months for parties outside France. An appeal does not automatically prevent provisional commencement of enforcement, though the court may suspend enforcement upon application.

V. Costs and Timing Considerations in Enforcement

1. Time frame:

Judgments from EU member states: since no exequatur review is required, the process usually takes one to three months, depending mainly on document preparation and the efficiency of the enforcement authority;

Judgments from non-EU countries: exequatur review generally takes three to six months, and if appeals are involved the total period may extend to six to twelve months.

1. Components of cost:

EU judgments: the main costs are translation fees and enforcement authority charges, so the overall cost is relatively low;

Non-EU judgments: in addition to translation and enforcement costs, there are French lawyers’ fees and court costs, making the overall expense significantly higher than for enforcement of EU judgments.

1. Key influencing factors: the nature and location of the assets to be enforced, the traceability of the debtor’s assets, and whether defenses such as appeals are raised will all affect enforcement efficiency and cost. It is advisable for creditors to engage French local lawyers and huissiers de justice experienced in cross-border enforcement in order to improve the chances of successful enforcement.

VI. Challenges to Enforcement and Available Remedies

(I) Remedies Available to the Debtor

1. For EU judgments: the debtor may invoke before the French courts one of the grounds for refusal of enforcement set out in Article 45 of the Brussels I Recast Regulation, or may appeal before the courts of the member state of origin;

2. For non-EU judgments: the debtor may raise defenses based on jurisdiction, public policy, and similar grounds at the exequatur review stage, or may appeal after the exequatur order is issued;

3. Interim relief: the debtor may request that the French courts suspend enforcement proceedings until jurisdictional challenges or appeal proceedings have been concluded.

(II) Practical Advice for the Creditor

1. Verify in advance the relationship between the country of origin of the judgment and the applicable treaty or convention framework in France, so as to identify the correct legal basis for enforcement;

2. Ensure the completeness of the judgment copy and supporting certificates, as well as the accuracy of any translation;

3. Instruct French local professionals to investigate the debtor’s assets and develop a targeted enforcement strategy;

4. Where defenses are raised during enforcement, provide timely evidence in rebuttal to preserve continuity of the enforcement process.

Disclaimer

Laws and procedures may change. This article provides general information only and does not constitute legal advice. If you encounter a legal dispute overseas, please contact us immediately to consult a professional foreign-related lawyer.