Exequatur in France of
judgments rendered in Africa
Issues and definition
Decisions rendered in African States are not automatically enforceable in France and require, in most cases, an exequatur procedure. This allows them to be granted executive force in order to act on assets located in France.
The goal is to transform a foreign decision into an enforceable title allowing for the effective recovery of claims.
Conditions and procedures
Recognition assumes that the decision emanates from a competent jurisdiction, was rendered in compliance with the rights of the defense, is final and enforceable, and conforms to French international public policy.
The exequatur procedure is initiated before the judicial court (tribunal judiciaire) and relies on the production of the judgment, its translation if necessary, and a complete legal analysis of the file.
Areas of expertise
The cases involve commercial, financial, or arbitral litigation, or litigation involving African States or banks, with assets located in France such as bank accounts, real estate, equity interests, or receivables.
These situations often involve complex structures and, for States, the consideration of immunity from execution as well as the framework resulting from the Sapin II law.
Client support
The firm assists its clients from the recognition of African decisions to their effective enforcement in France, integrating the necessary protective measures and seizures.
Each case is subject to a global strategy combining identification of assets, anticipation of challenges, and implementation of adapted measures in an international framework.
Frequently Asked Questions
IS AN AFRICAN JUDGMENT ENFORCEABLE IN FRANCE?
No, an exequatur procedure is generally necessary.
MUST THE JUDGMENT BE FINAL?
Yes, it must be enforceable and final.
CAN ASSETS BE SEIZED IN FRANCE?
Yes, as a protective measure or after recognition of the decision.
ARE THE PROCEDURES COMPLEX?
They require a specific analysis depending on the country concerned.
IS A LAWYER REQUIRED?
In practice, these procedures involve the intervention of a lawyer before French courts, both to obtain the exequatur and for enforcement litigation.
They also imply a strategic approach, beyond just the procedural dimension.
Do you wish to have a decision rendered in Africa recognized and enforced in France?
The firm assists you in defining and implementing a strategy adapted to your needs.