Exequatur of a Russian judgment: the French judge must verify concretely the conditions of summoning of the defendant
By a ruling of March 25 2026 (Cass. 1st civ., n° 24-18.271), the Court of cassation recalls that the judge of the exequatur cannot content himself with the mentions appearing in a foreign decision to consider that the rights of the defense have been respected. The facts A Russian judicial liquidator was soliciting in France […]
Exequatur of an American judgment: the effective respect of the rights of the defense remains an essential condition
By a ruling of March 12 2025 (Cass. 1st civ., n° 23-16.855), the Court of cassation confirms the refusal of exequatur in France of a judgment rendered by default in the United States, on the ground that the fundamental rights of the defense had not been sufficiently guaranteed. The facts An American company had obtained […]