Enforcement of Foreign Judgments Lawyer in Paris

You hold a judgment rendered in London, New York, Geneva or Dubai, or an arbitral award, against a debtor with assets in France. The decision has no enforceable effect there until it has been recognised: no attachment is possible without exequatur, except for judgments from the European Union, which circulate without prior proceedings.

This page describes, from the creditor’s point of view, the three applicable regimes, the real timelines and the pitfalls that defeat applications. The firm acts as French counsel for foreign creditors and their lawyers, in English. The detailed legal framework is set out on our exequatur lawyer page.

The risk: a valid decision, but an unenforceable one

Outside the Union, exequatur requires proof of three conditions set by the Cornelissen case law: the indirect jurisdiction of the foreign court, compliance with international public policy and absence of fraud. A default judgment without proper service, or one based on disproportionate punitive damages, fails on the second condition.

A debtor informed of the process organises its insolvency. The interval between the foreign decision and the first attachment in France is therefore the main issue, and it is shortened by conservatory measures taken on the basis of the foreign decision itself.

The legal answer: three regimes, three timelines

For a judgment from an EU Member State, the Brussels I bis Regulation abolishes exequatur: the creditor produces the judgment and the Article 53 certificate to the enforcement officer and attaches directly, the debtor being able only to apply for refusal of enforcement on one of the limited grounds of Article 45. For a judgment from outside the Union, the exequatur action before the judicial court, with mandatory representation, takes six to eighteen months depending on the contest.

For an arbitral award, the New York Convention and Article 1514 of the French Code of Civil Procedure offer the most favourable regime: an ex parte order, and an appeal that does not suspend enforcement. The creditor can attach before the debtor has been able to contest.

How the firm works

The firm checks the decision and its translation, identifies assets in France (real estate, accounts, shareholdings, receivables), and runs the recognition procedure and conservatory measures in parallel. It then conducts enforcement with the enforcement officer and handles incidents, notably immunities invoked by State debtors.

For foreign creditors and their counsel, the firm provides a preliminary assessment of the chances of success and the timetable before any engagement.

Typical cases handled

The situations below are illustrative, anonymised scenarios. They show when the firm steps in and what the work consists of.

New York judgment for 2 million dollars

A US company holds a judgment against a Paris company. The firm obtains a conservatory attachment of bank accounts, then exequatur within eight months, without serious contest from the debtor.

ICC award against a French group

The debtor announces an application to set aside. The firm obtains the exequatur order and immediately proceeds to attachments, the application having no suspensive effect.

German judgment and refusal of enforcement

The debtor invokes lack of service of the originating document. The firm defends the creditor on the conditions of Article 45 of the Brussels I bis Regulation.

Frequently asked questions

Is exequatur needed for a judgment from the European Union?

No, since the Brussels I bis Regulation, for judgments in civil and commercial matters. The Article 53 certificate suffices to attach. Exceptions remain for successions and matrimonial property.

Can assets be attached before exequatur?

Conservatory measures may be authorised by the enforcement judge on the basis of the foreign decision, if the claim appears well founded in principle and its recovery is at risk.

What does exequatur cost?

The cost depends on the contest. The firm offers a preliminary assessment, with a budget and an estimate of the chances of success, before any engagement.

Which court has jurisdiction over the exequatur of a foreign judgment in France?

The tribunal judiciaire, sitting as a single judge, hears applications for recognition and enforcement of foreign judgments (Article R. 212-8 of the Code of Judicial Organisation). Representation by a French lawyer is mandatory. For an arbitral award made abroad, the application is filed with the Paris tribunal judiciaire (Article 1516 of the Code of Civil Procedure).

Which lawyer should I instruct to enforce a foreign judgment in France?

A Paris-bar lawyer experienced in exequatur proceedings and enforcement, able to run the recognition procedure and protective attachments over the debtor’s French assets in parallel. The firm acts in that role for foreign creditors and their counsel, in English, with a preliminary assessment of the prospects and the timetable.

How long does the exequatur of a foreign judgment take?

Six to eighteen months before the tribunal judiciaire, depending on how strongly the debtor contests; a few weeks for the exequatur order of an arbitral award, granted on an ex parte application. Judgments from EU member states are enforceable without any prior procedure, on production of the Article 53 certificate under the Brussels I bis Regulation.

Matters in this field are handled by Hervé Guyader, avocat at the Paris Bar and Doctor of Law.