You have obtained a judgment abroad. The defendant has assets, a business, bank accounts or other interests in France. The judgment is in your favor — but the debtor still has not complied.

The next question is practical:

How can a foreign judgment be recognized and enforced in France?

The answer depends primarily on the country in which the judgment was issued, the subject matter of the dispute, the applicable international or European rules, and the type of enforcement sought in France.

A judgment issued in another EU Member State may benefit from European rules permitting enforcement in France without a separate declaration of enforceability.

A judgment from the United States or another non-EU jurisdiction, however, may need to go through a French recognition and enforcement procedure known as exequatur before compulsory enforcement can take place.

French law does not necessarily require the underlying dispute to be litigated again.

The first task is therefore to determine which recognition regime applies to the foreign judgment and what is required to turn that judgment into effective enforcement in France.

TRX Legal assists foreign companies, individuals and counsel with the recognition and enforcement of foreign judgments in France.

Can a Foreign Judgment Be Enforced in France?

Yes, provided the applicable conditions for recognition and enforcement are satisfied.

But there is no single procedure applicable to every foreign judgment.

The route depends on factors including:

• the country in which the judgment was issued;
• whether European Union law applies;
• whether an international convention applies;
• the subject matter of the judgment;
• whether the judgment is enforceable in its country of origin;
• the procedural history of the foreign case;
• what the creditor ultimately wants to enforce in France.

The first distinction is therefore between judgments that benefit from a European or international recognition regime and judgments subject to the French common-law rules governing foreign decisions.

Article 509 of the French Code of Civil Procedure provides the statutory framework under which foreign judgments and foreign public instruments may be enforceable in France in the cases and manner provided by law.

What Is Exequatur in France?

Exequatur is the procedure through which a foreign judgment can, when required, be recognized as enforceable in France.

For an international creditor, this can be the bridge between:

winning a case abroad

and

actually pursuing enforcement against assets in France.

The word exequatur is frequently used in French private international law, but foreign clients do not need to know the terminology before seeking advice.

The practical question is simply:

Can my foreign judgment be used in France, and what must I do before enforcing it?

For judgments subject to French common-law rules, the French court reviews specific conditions governing international recognition. It does not conduct an unrestricted rehearing of the original foreign case.

Do All Foreign Judgments Need Exequatur?

No.

A judgment should not automatically be placed into an exequatur proceeding merely because it was issued outside France.

The applicable mechanism may instead result from:

• European Union legislation;
• an international convention;
• a bilateral treaty;
• rules specific to the subject matter;
• French common law governing recognition and exequatur.

A commercial judgment from the United States and a commercial judgment from another EU Member State therefore cannot automatically be treated in the same way.

The country of origin is the starting point — not the end of the analysis.

Enforcing a Non-EU Judgment in France

Where no European or international instrument provides a different regime, recognition and enforcement may be governed by French common law.

More often than not, international convention can be applied.

This is particularly relevant to judgments originating in jurisdictions such as the United States and numerous other countries outside the European Union.

The leading French authority is the Cornelissen judgment of the French Cour de cassation of February 20, 2007.

The Cour de cassation held that, outside an applicable international convention, the French exequatur court must examine three requirements:

1. the indirect jurisdiction of the foreign court;
2. compliance with French international public policy, both substantive and procedural;
3. absence of fraud.

Importantly, Cornelissen also confirms that the French court does not have to verify that the foreign judge applied the law that would have been designated by French conflict-of-laws rules.

Let’s look at the three requirements.

Will a French Court Retry the Foreign Case?

No. It is forbidden for French courts to review the merits of the case as it would defeat the very purpose of the exequatur proceeding.

This is particularly important for international clients.

An exequatur proceeding under French common law is not intended to become a second trial of the original dispute.

The French court examines the conditions required for the foreign judgment to enter the French legal order.

It does not simply reconsider the evidence and decide whether it agrees with the foreign court’s conclusions.

The French Cour de cassation has expressly reaffirmed in its discussion of the Cornelissen case law that the exequatur judge is prohibited from reviewing the foreign judgment on its merits.

For a creditor who has already spent substantial time and resources obtaining a judgment abroad, that distinction is fundamental.

How Do I Enforce a US Judgment in France?

A United States judgment does not fall within the EU’s Brussels I bis regime.

A creditor holding a judgment from a US federal or state court must therefore determine the French rules applicable to recognition and enforcement of that particular judgment.

The analysis may include:

• the jurisdiction exercised by the US court;
• service of process;
• the defendant’s participation or default;
• the procedural history;
• enforceability of the judgment;
• French international public policy;
• fraud;
• the nature of the damages or relief awarded.

American judgments may also raise issues that are less common in European litigation, including punitive damages, default judgments and procedural mechanisms that differ substantially from French procedure.

Can Punitive Damages Be Enforced in France?

The existence of punitive damages does not automatically prevent recognition of a US judgment in France.

The French Cour de cassation held that an award of punitive damages is not, in itself, contrary to French international public policy.

However, the proportionality of the award can become relevant.

The judgment and the amount awarded must be examined in their specific context.

For US judgments involving punitive damages, see our dedicated page on enforcement of American judgments in France.

Can a Default Judgment Be Enforced in France?

Potentially, yes.

The fact that a judgment was entered by default does not, by itself, answer the French recognition question.

However, the procedural circumstances become especially important.

The French court may need to consider matters such as:

• how the defendant was notified of the proceedings;
• whether sufficient time was available to respond;
• whether the defendant had an effective opportunity to defend the case;
• what documents establish the procedural history.

A creditor holding a foreign default judgment should therefore preserve more than the final judgment itself.

Service documents and the underlying procedural record can become important evidence in France.

Enforcing an EU Judgment in France

The situation is substantially different for judgments falling within the scope of Regulation (EU) No 1215/2012 — Brussels I bis.

Article 39 provides that a judgment given in one Member State and enforceable there is enforceable in the other Member States without any declaration of enforceability being required.

In other words, the traditional exequatur step has been abolished for judgments covered by this regime.

That does not mean that no formalities exist.

Article 42 requires, for enforcement, a copy of the judgment satisfying the conditions necessary to establish authenticity and the certificate issued pursuant to Article 53. Translation requirements can also arise under the Regulation.

Once enforcement takes place in France, French enforcement law governs the procedure, subject to the Regulation.

What About UK Judgments After Brexit?

UK judgments require particular attention because the applicable regime can depend on factors including when proceedings were instituted, the subject matter and which international instrument applies.

It would therefore be misleading to treat every UK judgment as if the United Kingdom were still an EU Member State for enforcement purposes.

Equally, it would be too simplistic to assume that every UK judgment follows exactly the same route as every other non-EU judgment.

A UK judgment should be analyzed according to its date, subject matter and applicable post-Brexit recognition framework before proceedings are commenced in France.

This section can later support a dedicated Enforcement of UK Judgments in France page if we decide the search opportunity justifies one.

What Documents Are Needed to Enforce a Foreign Judgment in France?

The exact documents depend on the judgment’s country of origin and the applicable legal regime.

A creditor should generally be prepared to gather documents concerning:

• the complete foreign judgment;
• its authenticity;
• its enforceability or final status where relevant;
• service of process or notification;
• the underlying proceedings where relevant to the French recognition test;
• procedural documents demonstrating the defendant’s opportunity to participate;
• certified French translations where required;
• the identity of the debtor;
• the amount remaining due;
• interest and costs where claimed;
• information concerning assets in France.

A common mistake is to assume that the judgment alone will necessarily be sufficient.

For an exequatur case, the French lawyer needs to understand not only what the foreign court decided, but also enough of the procedural context to demonstrate that the French recognition requirements are satisfied.

Does the Foreign Judgment Need to Be Final?

This question requires careful handling because the terminology varies between legal systems.

Exequatur proceedings have a better chance of success if it is demonstrated to the French courts that the foreing judgment is final and it’s ruling can’t be modified.

However, concepts such as final judgment, final and binding, enforceable judgment, certificate of no appeal and res judicata do not necessarily have identical meanings across jurisdictions.

The applicable requirement also depends on the recognition regime involved.

The safest approach is therefore not to apply an abstract rule based solely on the label attached to the foreign judgment.

Instead, counsel should determine:

What is the legal status of this judgment in the country where it was issued, and what does the applicable French or international recognition regime require?

This is particularly important when an appeal is pending or still possible.

Do Foreign Judgments Need a French Translation?

Foreign-language documents used before French courts may need to be translated into French.

In an exequatur proceeding, this commonly includes the judgment itself and may include other relevant procedural documents.

The appropriate translation strategy depends on the case.

A large US litigation record, for example, should not necessarily be translated indiscriminately from beginning to end.

It is usually more efficient first to identify which documents are legally relevant to the French recognition proceeding, then determine the translation requirements.

This can significantly reduce unnecessary cost in document-heavy cases.

Does a Foreign Judgment Need an Apostille?

Not necessarily.

An apostille and a certified translation serve different purposes.

An apostille concerns authentication of a public document for international use under the applicable regime. A translation addresses the language in which the document can be used before the French authorities or courts.

Whether an apostille, legalization or another authentication formality is required depends on factors including:

• the country of origin;
• the nature of the document;
• applicable conventions;
• applicable bilateral arrangements;
• the purpose for which the document is being produced.

The requirement should therefore be checked document by document and country by country.

Which French Court Handles Exequatur?

The competent French court depends on the nature of the proceeding and the applicable rules of jurisdiction.

This should be determined before filing rather than assumed solely from the creditor’s location or the foreign court that issued the judgment.

In practical terms, the French lawyer will need to identify:

• the applicable recognition regime;
• the nature of the judgment;
• the relevant French jurisdiction rules;
• the appropriate defendant;
• the procedural requirements for bringing the action.

Once exequatur is granted where required, the focus can then move from recognition to actual enforcement.

What Happens After Exequatur Is Granted?

This is where the commercial objective of the case becomes particularly important.

Exequatur is not the same thing as payment.

A creditor may successfully obtain recognition and enforceability of a foreign judgment and still need to pursue enforcement against the debtor’s assets.

Depending on the circumstances, relevant assets in France may include:

• funds held in bank accounts;
• receivables owed to the debtor by third parties;
• real estate;
• movable property;
• business assets;
• other attachable rights or property.

The case should therefore be considered as a sequence:

Foreign judgment → French recognition/exequatur → enforceable title → French enforcement measures → recovery

Where the objective is monetary recovery, the location and solvency of the debtor’s assets should be considered as early as possible.

Can Assets Be Frozen While Recognition Is Pending?

Potentially, depending on the circumstances and the legal conditions applicable to the requested protective measure.

This can be particularly important where there is concern that the debtor may dispose of assets before the creditor can complete the recognition and enforcement process.

French law provides mechanisms for protective measures, but their availability depends on the creditor’s legal position, the evidence available and the measure sought.

In cross-border cases, timing can therefore be critical.

A creditor should consider the enforcement strategy and preservation of assets at the same time as the recognition strategy rather than treating them as completely separate issues.

How Long Does Exequatur in France Take?

There is no reliable universal timeframe.

The duration can depend on:

• the country of origin of the judgment;
• the applicable legal regime;
• the complexity of the foreign proceedings;
• whether the defendant contests recognition;
• service requirements;
• the volume of documents;
• translation requirements;
• procedural incidents;
• any appeal following the French decision.

A straightforward uncontested case involving a well-prepared record is fundamentally different from a heavily contested exequatur action involving jurisdiction, service, public policy or fraud arguments.

For that reason, a responsible assessment should be based on the actual judgment and procedural record rather than a generic promise of a fixed number of weeks or months.

How Much Does It Cost to Enforce a Foreign Judgment in France?

The cost likewise depends on the case.

Relevant factors can include:

• whether exequatur is required at all;
• the volume and complexity of the foreign record;
• translation costs;
• service and procedural expenses;
• whether recognition is contested;
• whether an appeal follows;
• the enforcement measures ultimately required;
• the amount at stake.

For a monetary judgment, there is also an important commercial question:

What assets are realistically available in France?

The cost of recognition and enforcement should be considered alongside the value of the judgment and the debtor’s apparent ability to satisfy it.

Recognition and Enforcement Are Not the Same Thing

This distinction is fundamental.

Recognition concerns the legal effect given in France to a foreign judgment.

Enforcement concerns the use of coercive legal measures to obtain compliance with an obligation.

A foreign judgment may need to be recognized for purposes other than collecting money.

For example, recognition may concern:

• personal status;
• family relationships;
• a divorce;
• certain declaratory effects;
• other legal situations established abroad.

Conversely, when the judgment orders payment and the debtor refuses to comply, the creditor’s objective is ultimately enforcement against assets.

Understanding what the client actually needs prevents the wrong procedure from being pursued.

Recognition of a Foreign Divorce in France

A foreign divorce illustrates this distinction particularly well.

A person who obtained a divorce abroad does not automatically need a traditional exequatur action simply to have the dissolution of the marriage recognized in France.

The appropriate procedure depends on factors including the country where the divorce was issued and the effect sought in France.

Different issues can also arise for:

• updating French civil-status records;
• remarriage;
• financial obligations;
• maintenance;
• property provisions;
• parental responsibility.

Foreign Judgment Enforcement and International Debt Recovery

When a foreign judgment orders the payment of money, recognition is usually only one part of the strategy.

The creditor should also consider:

• where the debtor is located;
• whether the debtor is solvent;
• what assets exist in France;
• whether protective action may be necessary;
• which French enforcement measure is appropriate;
• the economics of the recovery.

For this reason, a foreign judgment case should ideally be approached not merely as an exequatur case, but as an international enforcement matter.

If your principal objective is recovering money from a debtor in France, see:

French Attorney for Foreign Judgment Enforcement

As a French-american attorney, Terence RICHOUX advises and represents international clients in matters involving the recognition and enforcement of foreign judgments in France.

For a foreign creditor or foreign counsel, the initial analysis generally involves determining:

1. What judgment do you have?

2. Where was it issued?

3. What recognition regime applies in France?

4. Is exequatur required?

5. What evidence and translations will be necessary?

6. Are there potential jurisdiction, public-policy or fraud issues?

7. What does the client ultimately need to achieve in France?

8. If payment is the objective, where are the debtor’s French assets?

Your attorney can also coordinate the French side of an international matter with the client’s foreign counsel.

This is particularly relevant where US or other foreign lawyers have already handled the underlying litigation and require French counsel for the recognition and enforcement stage.

The objective is straightforward:

turn a foreign judgment into an effective legal result in France.

Frequently Asked Questions About Foreign Judgments in France

Can a foreign judgment be enforced in France?

Yes, provided the applicable requirements are satisfied. The procedure depends particularly on the country of origin, the subject matter and whether European or international rules apply. Some judgments require exequatur, while others benefit from regimes allowing enforcement without a separate declaration of enforceability.

What is exequatur?

Exequatur is the procedure through which a foreign judgment can, where required, obtain enforceability in France. Under French common law, the court examines specific conditions governing international recognition rather than retrying the entire underlying case.

Does every foreign judgment require exequatur?

No. In particular, judgments covered by Brussels I bis can be enforceable between EU Member States without a separate declaration of enforceability.

Can a US judgment be enforced in France?

Potentially, yes. US judgments do not benefit from the EU’s Brussels I bis regime, so the applicable French recognition rules must be examined. An exequatur proceeding may be required before compulsory enforcement in France.

Will the French judge reconsider whether the foreign court made the correct decision?

French common-law exequatur does not permit a general review of the foreign judgment on its merits. The Cornelissen framework instead focuses on indirect jurisdiction, international public policy and absence of fraud.

Can a default judgment be recognized?

Potentially. Default status does not by itself resolve the recognition question, but service, notice and the defendant’s opportunity to defend the proceedings can become particularly important.

Can punitive damages be enforced?

Punitive damages are not inherently contrary to French international public policy, but proportionality can be relevant. A judgment containing punitive damages therefore requires case-specific analysis.

Do I need to translate the judgment into French?

French translations may be required for documents used in French proceedings. The precise requirements depend on the applicable procedure and the documents concerned.

Can I enforce an EU judgment directly in France?

For judgments within the scope of Brussels I bis, Article 39 removes the requirement for a separate declaration of enforceability. The creditor must nevertheless comply with the Regulation’s documentary and enforcement requirements.

Does obtaining exequatur mean I will automatically be paid?

No. Exequatur can provide the legal basis needed for enforcement, but actual recovery depends on factors including the debtor’s assets and the enforcement measures available in France.

Can a foreign lawyer work with French counsel on the enforcement?

Yes. In cross-border litigation, foreign counsel may continue to provide information about the original proceedings while French counsel handles the recognition, exequatur and French enforcement aspects.

Legal Authorities

French Code of Civil Procedure — Article 509
Article 509 — Légifrance
Article 509 provides the statutory starting point for enforcement in France of judgments rendered by foreign courts.

Cour de cassation, First Civil Chamber, February 20, 2007, No. 05-14.082 — Cornelissen
Cornelissen decision — Cour de cassation
The decision identifies the three conditions governing exequatur under French common law outside an applicable international convention.

Regulation (EU) No 1215/2012 — Brussels I bis
Brussels I bis — EUR-Lex
Articles 39–42 govern important aspects of enforcement in France of judgments covered by the Regulation.