The exequatur in France of the Russian judgments


No bilateral convention has been signed between France and the Federation of Russia in the matter of the exequatur.


The procedure and the conditions of the exequatur in France of the Russian judgments are set forth by French case law, lastly in the Cornelissen case rendered by the Cour de cassation on February 20th, 2007 (cf. the general article on this website about this case law).


As pointed out it in a case delivered by the Court of Appeals of Paris, BENSADON/GAZPROMBANK, November 9th, 2010, a Russian judgment shall satisfy the following conditions in order to receive the exequatur in France:


“To grant the exequatur in the absence of international convention like it is the case in the relations between France and the Federation of Russia, the French judge owes to ensure that three conditions are met, namely indirect competence of the foreign judge founded on the fastening of the litigation with judge seized, conformity with the legal and procedural international public order and absence of fraud to the law”.


In two recent cases about the exequatur of Russian judgments, the French High Court (Cour de cassation) and the Court of appeals of Paris have recalled the three conditions required for the exequatur of a foreign judgment. These cases are: Gazprombank / Jean Lion rendered on January 30th, 2013 and Baltiyskiy Bank/ Stroïmontage rendered on February 18th, 2014.