Enforce a US Judgment in France: Recognition, Exequatur & Enforcement

You obtained a judgment in the United States, but the debtor — or the debtor’s assets — are located in France. Can you use your American judgment to seize a French bank account, recover against assets located in Paris, or enforce an award against a French company?

In most cases, an American judgment is not directly enforceable in France. Before compulsory enforcement can take place, the judgment creditor will generally need to obtain recognition and enforcement of the US judgment through French court proceedings commonly referred to as exequatur.

TRX Legal assists US individuals, companies and counsel seeking to recognize and enforce American judgments in France, from the initial review of the US judgment through the French exequatur proceedings and, where appropriate, the subsequent enforcement against assets located in France.

Can a US Judgment Be Enforced in France?

Yes. A judgment entered by a US court can be recognized and enforced in France if it satisfies the requirements of French private international law.

The process is fundamentally different from domestic US judgment enforcement. An American judgment does not simply become a French writ of execution because it is final and enforceable in the United States.

French courts apply their own rules to determine whether the foreign judgment may produce enforceable effects in France. Article 509 of the French Code of Civil Procedure provides the statutory framework for the enforcement of foreign judgments, while French case law establishes the substantive requirements for exequatur.

Why Is Exequatur Necessary in France?

A US court judgment derives its authority from the American legal system. A judgment creditor who wants to enforce that decision against assets located in France enters a different legal system.

French law therefore determines the conditions under which the American judgment will be recognized and made enforceable on French territory.

Article 509 of the French Code of Civil Procedure provides that judgments rendered by foreign courts are enforceable in France in the manner and circumstances provided by law.

In the absence of an applicable international regime providing otherwise, French courts apply the requirements developed through French private international law.

For a US creditor, the practical objective of exequatur is straightforward: turning a US judgment into a decision capable of supporting enforcement measures in France.

What Does a French Court Review?

The leading French Supreme Court decision is the Cornelissen case, decided by the Cour de cassation on February 20, 2007.

Under Cornelissen, when no applicable international convention provides otherwise, a French court reviewing a foreign judgment examines three requirements:

1. Indirect jurisdiction of the foreign court;
2. Compliance with French international public policy, both substantive and procedural;
3. Absence of fraud.

1. Did the US Court Have Sufficient Jurisdiction?

The first issue is what French lawyers call the indirect jurisdiction of the foreign court (compétence indirecte du juge étranger).

This is not necessarily identical to the jurisdictional analysis conducted by the US court.

The French court asks whether the dispute had a sufficiently substantial connection with the country of the court that rendered the judgment, provided that the matter was not subject to an exclusive jurisdictional rule in favor of the French courts.

Depending on the case, relevant connections may include the parties’ residence, the place where a contract was entered into or performed, the location of business activities, the place where relevant events occurred, or other connections between the dispute and the United States.

This issue should be analyzed before filing the French action, particularly when the defendant intends to challenge recognition.

The French court does not conduct a general review of whether the US court correctly applied the law, nor does it require the foreign court to have applied the law designated by French conflict-of-laws rules.

2. Is the US Judgment Consistent With French International Public Policy?

The second requirement concerns French international public policy (ordre public international).

This includes both procedural and substantive considerations.

From a procedural standpoint, the French court may examine whether fundamental due-process requirements were respected. In practical terms, questions may arise regarding service of process, notice of the proceedings, the opportunity to appear and defend, and the circumstances under which the US judgment became final or enforceable.

Substantive public policy concerns the effects that recognition of the judgment would produce in the French legal order.

The fact that American and French law differ does not, by itself, prevent enforcement. The relevant question is whether recognition of the particular judgment would produce an outcome incompatible with fundamental principles of French international public policy.

3. Was the Judgment Obtained Without Fraud?

The third Cornelissen requirement is the absence of fraud.

French courts may refuse recognition where the foreign proceedings were used fraudulently to circumvent rules that should otherwise have applied.

The existence of a tactical decision to litigate in a particular jurisdiction does not automatically establish fraud. The circumstances of the dispute, the connections with the forum and the conduct of the parties must be considered.

For this reason, forum-selection and jurisdictional issues that appeared secondary during the US litigation may become significant during the French enforcement proceedings.

Will the French Judge Retry the US Case?

No.

This is one of the most important distinctions for American judgment creditors.

A French exequatur proceeding is not an appeal from the US judgment. The defendant cannot ordinarily obtain a new trial in France merely because the defendant disagrees with the factual findings, damages award or legal conclusions reached by the American court.

Likewise, the French court does not substitute its own assessment of the merits for that of the US court.

Its role is to determine whether the conditions for recognition and enforcement under French private international law have been satisfied. This limitation on review is a central feature of the Cornelissen framework.

New York, California, Florida, Texas or Federal Judgment: Does the State Matter?

The fundamental French exequatur requirements remain the same, but the US state of origin can matter significantly when preparing the evidence.

The United States is a federal system. Court structures, terminology, service requirements, appellate procedures and documents establishing finality may differ depending on whether the judgment was entered by a state court or a federal court.

Our firm can therefore assess judgments originating from, among others:

• New York state courts;
• California state courts;
• Florida state courts;
• Texas state courts;
• Delaware courts;
• other US state courts;
• US federal courts.

The French filing should clearly establish what the American decision is, which court entered it, its procedural history where relevant, whether it is enforceable, and the circumstances in which the defendant participated — or failed to participate — in the US proceedings.

Enforcing a US Money Judgment Against Assets in France

For many US clients, recognition is not the ultimate objective. Collection is.

A company may have won a substantial breach-of-contract case in the United States only to discover that the defendant has little or no attachable property there.

If the debtor owns assets in France, French enforcement may become part of the creditor’s international recovery strategy.

The exequatur proceeding should therefore be considered together with the practical question of what can ultimately be collected in France.

Depending on the debtor’s situation and the applicable French enforcement rules, potentially relevant assets may include:

• bank accounts;
• receivables owed to the debtor by third parties;
• certain movable assets;
• real property;
• other attachable assets located in France.

Once the creditor has an enforceable title in France, compulsory enforcement may require the intervention of a French commissaire de justice — the French enforcement professional who performs functions that have no exact US equivalent. French official guidance confirms that compulsory enforcement may follow where the debtor does not comply voluntarily.

Can a US Default Judgment Be Enforced in France?

A default judgment is not automatically unenforceable in France merely because the defendant did not appear in the US proceedings.

However, default judgments require particular attention to procedural public policy.

The French court may need to determine whether the defendant received appropriate notice of the proceedings and had a genuine opportunity to defend the claim.

For that reason, a creditor seeking enforcement of a default judgment should preserve the procedural record relating to service and notice.

Documents That May Become Particularly Important

• summons and complaint;
• proof or affidavit of service;
• orders relating to service;
• documents establishing the defendant’s appearance or default;
• default order;
• final judgment;
• proof of notification of the judgment;
• documents concerning available appeals, where relevant.

The exact documentary package should be determined case by case rather than by mechanically filing the entire US court record.

Can Punitive Damages Be Enforced in France?

This is one of the most important issues in US–France judgment enforcement.

French civil liability traditionally serves a compensatory function, while American courts may award punitive damages under the law applicable to certain claims.

Does that difference make a US punitive-damages judgment unenforceable?

Not automatically.

In a landmark 2010 decision involving a California judgment, the French Cour de cassation held that an award of punitive damages is not, in principle, contrary to French international public policy.

However, the Court also held that enforcement may be refused when the amount awarded is disproportionate in relation to the loss suffered and the debtor’s breach.

Punitive Damages: Practical Takeaway

A judgment containing punitive damages therefore requires an individualized assessment.

The relevant questions may include the compensatory damages awarded, the amount of punitive damages, the conduct being sanctioned and the overall proportionality of the award.

A large American damages award should consequently be reviewed before the French exequatur action is filed so that potential international-public-policy arguments can be anticipated.

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

There is no single documentary checklist suitable for every American judgment.

The appropriate evidence depends on the state or federal court involved, the procedural history, whether the judgment was contested, the nature of the award and the defenses likely to be raised in France.

As a starting point, the file may include the following:

The goal is not necessarily to translate the entire American docket.

A more efficient strategy is to identify the documents the French court actually needs in order to evaluate jurisdiction, due process, the nature and effect of the judgment, and any issue likely to be disputed.

This can significantly reduce unnecessary translation costs.

Do US Court Documents Need to Be Translated Into French?

French court proceedings are conducted in French. Documents submitted in English may therefore need to be accompanied by appropriate French translations.

The scope of the translation work should be considered strategically.

A commercial case litigated for several years in the United States can produce thousands of pages. Translating every pleading, deposition and exhibit may be unnecessary and extraordinarily expensive.

The first task is therefore to identify the documents that are genuinely relevant to the French exequatur analysis.

French official guidance also refers to the use of an approved translator where translation is required for the enforcement of a foreign judgment.

Why Service and Notice Matter

US counsel should pay particular attention to the procedural history concerning service.

French official guidance states that foreign judgments must have been notified before they can be enforced in France.

For exequatur purposes, however, the broader due-process history may also matter: how the defendant was served with the US action, whether the defendant appeared, whether notice was adequate and how the final judgment was communicated.

This is particularly important where the defendant was located in France while the American proceedings were pending.

The procedural record should therefore be reviewed before the French action begins, rather than waiting for the defendant to raise a public-policy objection.

How Does the French Exequatur Process Work?

Step 1 — Review of the US Judgment

French counsel reviews the judgment, the issuing court, the nature of the claims, the relief awarded and the procedural history.

Step 2 — Exequatur Analysis

The judgment is assessed under the French requirements concerning indirect jurisdiction, international public policy and absence of fraud.

Step 3 — US Document Collection

The relevant portions of the US court record are identified. Where US counsel represented the creditor in the underlying case, coordination between US and French counsel can substantially simplify this stage.

Step 4 — French Translations

The documents necessary for the French proceedings are translated as appropriate.

Step 5 — Filing Before the French Court

The exequatur claim is brought before the competent Tribunal judiciaire. French official guidance confirms that representation by an attorney is mandatory for the ordinary exequatur proceedings before the Tribunal judiciaire.

The summons needs to be officially served to the other party.

Step 6 — Adversarial Proceedings

The defendant may oppose recognition and raise arguments concerning one or more of the requirements of French private international law.

Step 7 — French Decision

The French court determines whether the US judgment satisfies the conditions for exequatur.

Step 8 — Enforcement in France

Once an enforceable title is available, the creditor may proceed with appropriate French enforcement measures if the debtor does not comply voluntarily.

Do I Need a French Attorney?

For the ordinary exequatur proceedings described on this page, yes.

The application is brought before the French Tribunal judiciaire, and French official guidance states that representation by an attorney is mandatory. Representation is also mandatory in an appeal from an exequatur decision.

For a US client, French counsel can also act as the interface between the American litigation record and the requirements of the French court.

Where the creditor already has US litigation counsel, the two firms can coordinate the transfer of the necessary documents and address questions concerning the US judgment without unnecessarily reproducing the entire American litigation file in France.

How Long Does It Take to Enforce a US Judgment in France?

There is no single statutory timeline applicable to every exequatur case.

The duration depends on factors including the court involved, the complexity of the US judgment, the time required to obtain and translate documents, whether the defendant contests recognition and whether an appeal follows.

A straightforward case with a complete documentary record will not necessarily follow the same timeline as a heavily contested matter involving jurisdictional objections, a default judgment or a significant public-policy issue.

For that reason, TRX Legal does not present a generic “six-month” or “twelve-month” promise as if it applied to every case.

A preliminary review of the judgment and procedural record provides a much better basis for assessing the likely scope of the French proceedings.

How Much Does It Cost to Enforce an American Judgment in France?

The cost of a French exequatur proceeding depends on the individual matter.

Relevant factors can include:

• complexity of the US judgment;
• volume of the American court record;
• translation requirements;
• contested or uncontested nature of the proceedings;
• jurisdictional issues;
• international public-policy issues;
• need for coordination with US counsel;

Reviewing the US judgment and the principal procedural documents first allows French counsel to identify the work actually required and avoid unnecessary expense.

Working With US Attorneys and In-House Counsel

US law firms may encounter the French exequatur process after completing years of litigation in the United States.

At that stage, the French proceeding should not require US counsel to “retry” the case for a second time.

The objective is instead to translate the existing American judgment and procedural history into the elements required by French private international law.

TRX Legal can work directly with US litigation counsel, in-house legal departments and judgment creditors to identify the relevant documents, address French recognition issues and conduct the French proceedings.

Information Helpful for an Initial Review

• court and state where the judgment was entered;
• date of judgment;
• amount awarded;
• nature of the underlying claims;
• whether the defendant appeared;
• status of any appeal;
• known location of the debtor;
• known assets in France;
• whether punitive damages were awarded.

When Should a US Creditor Consider Enforcement in France?

French enforcement becomes particularly relevant when the debtor has a meaningful economic connection to France.

For example, the debtor may be a French company, own real estate in France, maintain assets or receivables there, or conduct business through French counterparties.

The strategic question is therefore not merely:

“Can my US judgment be recognized in France?”

It is also:

“Will recognition in France give me access to assets against which recovery is realistically possible?”

Considering recognition and asset enforcement together can prevent a creditor from incurring the cost of an exequatur proceeding without first evaluating its practical objective.

US–France Judgment Enforcement With TRX Legal

Cross-border judgment enforcement requires more than translating an American judgment into French.

The French court must be provided with the information necessary to understand the judgment’s procedural context while applying French rules of private international law.

TRX Legal assists US and international clients with the French side of that process, including review of the US judgment, preparation of the exequatur case and coordination of subsequent enforcement where appropriate.

Frequently Asked Questions About Enforcing US Judgments in France

Is a US Judgment Automatically Enforceable in France?

No. A US judgment generally requires recognition and exequatur before compulsory enforcement can be pursued in France. The French court applies French private international law to determine whether the judgment satisfies the conditions for enforcement.

Can I Enforce a New York Judgment in France?

Potentially, yes. A New York judgment can be recognized and enforced if it satisfies the French requirements governing foreign judgments. The French court will consider matters including the jurisdiction of the US court and compliance with international public policy.

Can a California Judgment Be Enforced in France?

Yes, subject to the same French exequatur requirements. California judgments have also featured in French Supreme Court case law concerning the enforcement of punitive damages.

Can Punitive Damages Be Enforced in France?

They are not prohibited as a matter of principle. The French Supreme Court has held that punitive damages are not inherently contrary to French international public policy, but a disproportionate award may create an obstacle to enforcement.

Can a Default Judgment Be Enforced?

A default judgment is not automatically excluded from recognition. However, service, notice and the defendant’s opportunity to defend the case may become particularly important when the French court examines procedural public policy.

Will the French Court Reconsider the Merits of My US Case?

The exequatur court does not conduct a general retrial of the underlying dispute. Its role is to verify the conditions governing the international regularity of the foreign judgment under French law.

Do I Need to Translate the Entire US Court File?

Not necessarily. The appropriate documents depend on the case. Identifying the materials actually relevant to the French exequatur analysis can avoid unnecessary translations and expense.

Do I Need a French Attorney?

Yes for the ordinary exequatur proceedings before the Tribunal judiciaire discussed here. French official guidance states that representation by an attorney is mandat

What Happens After Exequatur?

If the debtor does not comply voluntarily, appropriate compulsory enforcement measures may be pursued in France. French official guidance identifies enforcement through a commissaire de justice as the next step where necessary.

Looking for the French Version?

For French-speaking clients, our dedicated guide explains the recognition and enforcement of American judgments under French law.

Do You Have a US Judgment to Enforce in France?

An initial review can identify the French recognition requirements, the US documents needed for the proceedings, potential jurisdiction or public-policy issues and the next steps toward enforcement against assets located in France.

TRX Legal assists US individuals, businesses and counsel with recognition and enforcement proceedings before French courts.

Key French Legal Authorities

Article 509, French Code of Civil Procedure — statutory basis concerning enforcement in France of judgments rendered by foreign courts.

Article 509 — Légifrance

French Supreme Court (Cour de cassation), First Civil Chamber, February 20, 2007, No. 05-14.082 — Cornelissen — indirect jurisdiction, international public policy and absence of fraud.

Cornelissen decision — Cour de cassation

French Supreme Court, First Civil Chamber, December 1, 2010, No. 09-13.303 — punitive damages and French international public policy.

Punitive damages decision — Cour de cassation