Cass. Civ. 1st, 7 July 2021, n° 19-24.629, Société civile immobilière (SCI) LES JARDINS DE L’OPERA / Société ALBERT
Third-party opposition is a remedy which allows a person who was not a party to a trial, or was not represented, to challenge a judgment which prejudices his rights.
In the case submitted to the Court of cassation, the company ALBERT had obtained the exequatur of a foreign judgment by order of the Tribunal of great instance.
A third party, the SCI LES JARDINS DE L’OPERA, had formed a third-party opposition against this order of exequatur.
The Court of appeal of Paris had declared the third-party opposition of the SCI LES JARDINS DE L’OPERA inadmissible.
The SCI LES JARDINS DE L’OPERA then formed an appeal in cassation.
It notably invoked that the third-party opposition was open against the order of exequatur, as it prejudiced its rights.
The Court of cassation, in its decision of 7 July 2021, rejects the appeal of the SCI LES JARDINS DE L’OPERA.
It states: “The order of exequatur, which is a non-contentious decision, cannot be the object of a third-party opposition, even if it prejudices the rights of a third party.”
This decision is interesting because it confirms that the order of exequatur is a non-contentious procedure, which implies that it does not have the authority of res judicata in the sense of a contentious judgment.
Consequently, third-party opposition, which is a remedy directed against a judgment having the authority of res judicata, is not open against an order of exequatur.
This jurisprudence clarifies the legal regime of the order of exequatur and confirms that the remedies against this order are limited.
This decision also reminds us that third parties who believe their rights are prejudiced by an order of exequatur must turn to other legal remedies, such as the direct action or the action in liability, if the conditions are met.