Exequatur and challenge of
European decisions in France
Issues and definition
Within the European Union, judicial decisions benefit from a simplified circulation regime, notably derived from the Brussels I bis regulation. In many cases, they are directly enforceable in France without exequatur, while still being subject to challenges during their implementation.
Conditions and procedures
Even without exequatur, the enforcement can be challenged before the enforcement judge (JEX), particularly regarding the respect of defense rights, the regularity of the foreign procedure, public policy, or the methods of enforcement in France. The JEX can also be seized to regulate or suspend certain measures.
Areas of expertise
The firm notably intervenes in matters of :
Execution of European civil and commercial decisions
Litigation before the enforcement judge
Asset seizures in France
Cross-border disputes and coordinated execution strategies
Client support
The firm assists its clients in enforcement and defense procedures by structuring an adapted strategy: analysis of the European title, identification of assets in France, management of litigation risks, and implementation or challenge of enforcement measures.
Frequently Asked Questions
IS AN EXEQUATUR REQUIRED FOR A EUROPEAN DECISION?
In most cases, no. Decisions are directly enforceable.
CAN A EUROPEAN DECISION BE CONTESTED IN FRANCE?
Yes, particularly before the enforcement judge.
CAN THE FRENCH JUDGE REFUSE ENFORCEMENT?
In certain cases, particularly when there is a breach of public policy.
WHAT IS THE ROLE OF THE ENFORCEMENT JUDGE?
They oversee enforcement measures and can be petitioned in case of a dispute.
IS A LAWYER REQUIRED?
In practice, these procedures involve the intervention of a lawyer before French courts, both for obtaining an exequatur and for enforcement litigation.
They also imply a strategic approach, beyond just the procedural dimension.
Do you wish to proceed with the enforcement in France of a European decision or do you wish to challenge an enforcement measure?
The firm assists you in defining and implementing an adapted strategy.