Exequatur in France of
judgments rendered in Switzerland
Issues and definition
The enforcement in France of a judgment rendered in Switzerland is based on a specific regime founded on the Lugano Convention. This framework facilitates the recognition of Swiss decisions while allowing their implementation on assets located in France.
The objective is to transform the decision into an enforceable title to allow the initiation of effective enforcement measures.
Conditions and procedures
The Lugano Convention governs the recognition of Swiss judgments in France according to a simplified procedure. The French judge’s control remains limited and focuses primarily on respect for the rights of the defense, public policy, and the regularity of the decision.
The exequatur procedure implies the production of the Swiss judgment and the required documents in order to obtain its recognition and enforcement.
Areas of expertise
Swiss decisions concern commercial, financial, or patrimonial files involving assets located in France, such as bank accounts, real estate, equity interests, or receivables.
These assets can sometimes be held via complex structures requiring in-depth analysis to allow for their mobilization.
Client support
The firm assists its clients from the recognition of the Swiss judgment to its effective enforcement in France, by integrating necessary protective measures and seizures.
Each case is subject to a global strategy combining asset identification, anticipation of challenges, and the implementation of adapted measures in a cross-border context.
Frequently Asked Questions
IS A SWISS JUDGMENT ENFORCEABLE IN FRANCE?
Yes, subject to its recognition under the Lugano Convention.
IS THE PROCEDURE SIMPLIFIED?
Yes, compared to the common law regarding foreign judgments.
CAN ASSETS BE SEIZED IN FRANCE?
Yes, after recognition of the decision.
CAN THE RECOGNITION BE CHALLENGED?
Yes, notably in the event of a violation of the conditions provided for by the convention.
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 initiate an enforcement procedure in France or analyze the possibilities of asset seizure?
The firm assists you in defining and implementing an adapted strategy.