Enforcement against States
and immunities
Issues and definition
Enforcing a decision condemning a foreign State constitutes specific litigation with high legal and strategic stakes. It operates within a strict framework marked by the principle of immunity from execution, which in principle protects the property of States against seizure measures.
This principle is subject to exceptions, however, notably when assets have a commercial purpose or in case of a waiver by the State. The central challenge then consists of identifying seizable assets and structuring an adapted enforcement strategy.
Conditions and procedures
The success of enforcement relies on the precise identification of assets located in France or abroad. These may include financial assets, real estate, or receivables held by entities linked to the State, subject to their legal qualification.
Certain assets remain protected, notably those allocated to sovereign or diplomatic missions. The analysis of the nature of the assets therefore constitutes a decisive step in any enforcement strategy.
Areas of expertise
The enforcement of judgments against a State is subject to a reinforced framework, notably stemming from the Sapin II law, which imposes in certain cases prior judicial authorization and increased control over seizure measures.
This regime also applies to international arbitral awards, which constitute a major enforcement tool, but whose implementation requires a rigorous analysis of immunities and the assets concerned.
Client support
The success of enforcement relies on the precise identification of assets located in France or abroad. These may include financial assets, real estate, or receivables held by entities linked to the State, subject to their legal qualification.
Certain assets remain protected, notably those allocated to sovereign or diplomatic missions. The analysis of the nature of the assets therefore constitutes a decisive step in any enforcement strategy.
Foire aux Questions
CAN WE SEIZE THE ASSETS OF A FOREIGN STATE IN FRANCE?
Yes, subject to compliance with the rules regarding immunity from execution.
WHAT IS IMMUNITY FROM EXECUTION?
It is the principle according to which the assets of a State are protected against seizures.
ARE THERE ANY EXCEPTIONS?
Yes, notably for assets used for commercial purposes.
IS AN ARBITRAL AWARD SUFFICIENT?
It constitutes a title, but its enforcement requires an analysis of immunities.
IS THE PROCEDURE COMPLEX?
Yes, it requires specific expertise and an adapted strategy.
DOES THE SAPIN II LAW PREVENT THE SEIZURE OF STATE ASSETS?
No. It regulates the conditions of enforcement but does not prohibit them.
IS JUDICIAL AUTHORIZATION ALWAYS NECESSARY?
In many cases, yes, notably for measures targeting sensitive assets.
WHICH ASSETS CAN BE SEIZED?
Mainly assets used for commercial purposes.
ARE THE PROCEDURES LONGER?
They can be, due to reinforced judicial control.
CAN AN ARBITRAL AWARD BE ENFORCED AGAINST A STATE?
Yes, subject to compliance with the rules regarding immunity from execution.
Do you wish to initiate an exequatur procedure in France or analyze the possibilities of seizing the assets of a State?
The firm assists you in defining and implementing an adapted strategy.