Exequatur in France of
judgments rendered in the United States
Issues and definition
American judgments are not automatically enforceable in France and require an exequatur procedure. This allows them to be given effect in France in order to act on the debtor’s assets.
The goal is to transform an American decision into an enforceable title allowing for effective execution on French territory.
Conditions and procedures
Recognition assumes that the judgment emanates from a competent jurisdiction, has respected the rights of the defense, is not tainted by fraud, 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 certified translation, and a complete legal analysis of the case.
Areas of expertise
American decisions concern commercial, financial, arbitral, or patrimonial litigation involving assets located in France, such as bank accounts, real estate, equity interests, or receivables.
Certain specific convictions, such as punitive damages, may require particular analysis regarding their compatibility with French law.
Client support
The firm assists its clients from the recognition of the American judgment to its 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 effective implementation of enforcement measures in an international context.
Frequently Asked Questions
IS AN AMERICAN JUDGMENT AUTOMATICALLY ENFORCEABLE IN FRANCE?
No, an exequatur procedure is necessary.
HOW LONG DOES THE PROCEDURE LAST?
It depends on the complexity of the case and the possible existence of a challenge.
CAN ASSETS BE SEIZED IN FRANCE?
Yes, as a protective measure or once the decision is recognized.
ARE PUNITIVE DAMAGES ENFORCEABLE IN FRANCE?
In principle yes, but it depends on their compliance with international public policy.
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 initiate an exequatur procedure in France or analyze the possibilities of asset seizure?
The firm assists you in defining and implementing an adapted strategy.