Enforcing a decision, in France or abroad
A judgment or an award is worth only what you can recover from the debtor’s assets. The route depends on two questions: where the decision comes from, and where the assets are.
A foreign decision to enforce in France
Between EU Member States, an enforceable judgment has circulated without exequatur since 10 January 2015 (Brussels I bis Regulation). Outside the EU, an exequatur decision from the judicial court is generally required, on terms that vary depending on whether a bilateral convention exists with the country of origin. Each page opposite covers one country.
- Enforcing a German judgment in France: procedure, documents and timeframes
- Enforcing a Swiss judgment in France: exequatur and seizures
- Enforcing a US or English judgment in France: procedure and timescales
- Enforcing a Canadian or Quebec Judgment in France
- Enforcing a United Arab Emirates judgment in France
- Enforcing a Chinese judgment in France: conditions and obstacles
- Enforcing a Singapore Judgment in France
- Enforcing a Tunisian judgment in France: the 1972 convention and exequatur
- Enforcing a Moroccan judgment in France: the 1957 convention and exequatur
- Enforcing an Algerian Judgment in France
- Enforcing an OHADA judgment or a CCJA ruling in France
Reaching the debtor’s assets
Bank account, real property, ship: each asset has its own procedure, and some protective measures can be taken before exequatur is even obtained, so that the assets do not disappear.
- Foreign judgment: can the debtor’s assets be secured in France before exequatur?
- Can a bank account in France be attached on the strength of a foreign judgment?
- Can real property be seized in France on the strength of a foreign judgment?
- Can a ship be arrested in France on the strength of a foreign judgment?
- Enforcing a foreign judgment in France: recovering your money from the debtor’s assets
A French decision to enforce abroad
Within the EU, creditors have dedicated tools such as the European order for payment and the European account preservation order. Elsewhere, everything depends on the law of the country where the assets are located.
An arbitral award
Enforcing an award follows a separate regime, more favourable than that for foreign judgments: in France, exequatur is granted by the judicial court if the existence of the award is established and its recognition is not manifestly contrary to international public policy.
Someone seeks to enforce a decision against you
The respondent to an exequatur application has specific grounds of defence, to be raised within time limits: jurisdiction of the court of origin, rights of the defence, public policy, fraud.
A judgment or award to enforce?
Tell us where the decision comes from and where the assets are: the firm will reply with the fastest route.