Exequatur in France — Complete guide by a Lawyer
This article explores in depth the exequatur procedure in France, its definition, its challenges for SME managers, and details step by step the procedures for obtaining the execution of a foreign court decision. Illustrated with concrete examples and case law, it is aimed at business managers concerned with international disputes or the recognition of foreign acts.
.jpeg)
Introduction
The increasing openness of French companies to the international market now exposes SMEs to disputes or legal procedures involving foreign decisions: civil judgments, arbitration awards, guardianships, etc. But how can a decision obtained abroad be recognized or enforced in France? This is where the concept and procedure of exequatur come in.
This guide aims to:
- Define exequatur clearly ;
- Explain its interest in SMEs;
- Detail the procedure before the French courts;
- Illustrate practical issues through examples and FAQS adapted to entrepreneurial needs.
What is exequatur?
Legal definition of exequatur
Exequatur is a procedure to make a court decision or a foreign act enforceable in France (judgment, arbitration award, guardianship act, etc.). In other words, it allows a decision obtained abroad to produce its effects on French territory, paving the way for its application, or even for forced enforcement measures (seizure, expropriation, etc.).
Educational framework: Exequatur, a “legal visa”
Imagine exequatur as a visa issued by the French judge to a foreign decision so that it “circulates” and applies in France. Without this visa, a foreign judgment is not enforceable here.
Origins and place in private international law
The term “exequatur” comes from the Latin word “exequi” (which he executes) and has its roots in the mutual recognition of judgments between former French provinces. Today, it is at the heart of private international law, alongside the rules of conflict of jurisdiction and laws.
Concrete illustration
example : A French SME wins a commercial dispute in Morocco, targeting a local debtor who owns assets in Paris. To seize these assets in France, it will be necessary to obtain the exequatur of the Moroccan judgment from the French court.
What decisions are affected by exequatur?
- Foreign civil judgments : divorce, debts, inheritance, business...
- Foreign arbitration awards (outside the EU)
- Foreign guardians : in particular for asset management
- Special acts in family or property matters (adoption, kafala, etc.)
What is the exequatur procedure?
Practical goals and interests
The purpose of the exequatur procedure is to Confer enforceability in France to a foreign decision — an indispensable condition for enforcing the decision (for example, prosecution, seizure, realization of a right of access...).
Difference between exequatur and simple recognition
Simple recognition only makes it possible to take into account the situation created abroad (already married, already divorced), without being able to execute the decision. Exequatur, on the other hand, makes it possible to go as far as material execution (seizures, property judgments, etc.).
Very concrete examples
- Bank account entry in France on the basis of a foreign judgment recognizing a commercial debt.
- Enforcement of an international visit right for a divorced parent living abroad.
- Enforcement of an arbitral award obtained in Hong Kong under a distribution contract.
What is exequatur in private international law?
Issues in international legal relationships
Exequatur is part of the framework of private international law, a pillar of cross-border trade. Three main problems coexist:
- Conflict of jurisdictions : which jurisdiction is competent?
- Conflict of laws : what law applies?
- Recognition and enforcement of foreign decisions : by exequatur.
Doctrinal and Jurisprudential Examples
- Case law example : The Court of Cassation has thus recognized the execution, in France, of a judgment of the Casablanca Commercial Court, after verifying the criteria of public order.
- Doctrine : Articles 509 to 509-9 of the Code of Civil Procedure organize the procedure, supplemented by various bilateral and European agreements.
What is an exequatur of guardianship?
The scope of exequatur in matters of international guardianship
The exequatur of a foreign guardianship allows the guardian appointed abroad to exercise the rights of the protected person in France. Without this procedure, trusteeship would not be recognized before French administrations or banking institutions.
Procedure applied to guardianship
- Constitution of the file : guardianship judgment, certificate of non-appeal, birth certificate, original translated documents.
- Referral to the competent court : Judicial court in the defendant's place of residence.
- Obtaining the exequatur judgment (delay: generally 3 months in simple files).
Concrete example : A Portuguese guardian wishes to sell a property in Paris belonging to a protected person: he will have to request the enforcement of the guardianship in order to have the right of sale.
Exequatur France: The procedural rules
Competent jurisdiction
Competence returns exclusively at the Judicial Court, entered by way ofsubpoena (lawyer's act) or joint request. Territorially, it is the court of the defendant's place of residence, with adjustments (especially in the absence of a known place of residence).
Required documents and documents
- Full copy of the foreign judgment or act (original + sworn translation)
- Certificate of non-appeal or enforceability
- Proof of absence of fraud under the law
- Proof of identity and address
Example of an exequatur clause (presentation at the summons)
“The court is requested to grant exequatur to the decision dated [date] rendered by [foreign court], in order to make it enforceable on French territory.”
How the procedure is going
- Introduction by summons or request
- Reconditioning and exchange of parts
- Pleadings before the judge
- Court review and decision: verification of criteria
- Pronunciation of exequatur
Points of vigilance
- Recourse to a lawyer required
- The need for certified translations
- Rigorous review of compliance with public order
Exequatur: the essential conditions
The three central criteria checked by the judge
- Indirect legal competence of the foreign judge
- The judge verifies that the foreign court had valid jurisdiction.
- Compliance with international public order
- The foreign decision must not offend French public order (e.g.: non-compliance with fundamental rights).
- example : A judgment with a discriminatory provision will be rejected.
- Absence of legal fraud
- The judge refuses enforcement if the foreign decision was obtained by fraud (e.g. misuse of procedure).
Exequatur in French, exequatur in English: vocabulary and translation
- In French: “exequatur” is masculine and invariable.
- In English: “exequatur” (same spelling), used in international litigation and arbitration.
- For example: “Enforcement proceedings for the exequatur of the foreign judgment in France.”
Exequatur procedure: summary for foreign companies
Foreign businesses wishing to enforce a foreign judgment in France must comply with the exequatur procedure, as outlined above. Essential requirements include:
- Proper legal representation
- Translated original documents
- Compliance with French Public Order Standards
Practical tip: Always check bilateral conventions between France and the country of judgment for possible procedural simplifications.
Focus: Provisional execution & suspension
Provisional execution
Some decisions rendered in France are said to be “provisionally enforceable”, i.e. applicable immediately, despite an ongoing appeal. For a foreign decision, only exequatur gives it this force in France.
Suspension and contestation
Sometimes an appeal or an emergency procedure calls for the suspension of provisional enforcement. A typical example: an appeal to the first president of the court of appeal in order to temporarily stop the effects of a foreign decision.
Exequatur FAQ
What is an exequatur?
Exequatur makes it possible to make a decision rendered abroad “enforceable” in France, thus offering its beneficiary the right to have it enforced before the authorities or via French justice.
What is the exequatur procedure?
The procedure consists in filing an application to the judicial court (usually by summons), which checks the correctness of the foreign decision and ensures compliance with legal criteria.
What is exequatur in private international law?
Exequatur is a central tool of private international law, allowing the respect of foreign decisions in a cross-border context, subject to respect for public order and the absence of fraud.
What is an exequatur of guardianship?
The aim is to obtain the recognition in France of a guardianship pronounced abroad to allow the guardian to act on the assets or for the daily needs of the protected person.
Exequatur France — How to use
In France, the procedure takes place exclusively before the judicial court, assisted by a lawyer and with original documents translated. It makes it possible to obtain a judgment authorizing the application in France.
Exequatur in French and in English
The term “exequatur” is identical in French and legal English, and refers to the procedure for the enforcement of decisions rendered abroad.
Exequatur procedure — English summary
The exequatur procedure in France allows foreign court decisions to be recognized and enforced, subject to specific French legal standards.
Provisional execution: what are the challenges?
Provisional enforcement allows a decision to be implemented immediately. For a foreign decision, it only becomes effective after French exequatur.
Practical advice for SME managers
- Anticipate exequatur as soon as international contracts are signed : insert clauses stipulating the possibility of recourse to exequatur in the event of a dispute.
- Check the international conventions between France and the country concerned who can facilitate the procedure.
- Use an experienced lawyer : the good constitution of the file is decisive for the success of the procedure.
Practical box: Suggested clause in international trade
“The parties agree that any judgment or arbitration award rendered under this contract may, where appropriate, be the subject of a request for enforcement in France in order to be made enforceable.”
Summary table: documents to be provided for an exequatur request
Conclusion
Exequatur is an essential step for any SME involved in litigation or an international commercial transaction. Its control makes it possible to avoid the pitfalls of non-enforcement and to optimize the application of rights recognized abroad.
To obtain results, prepare your file rigorously, rely on the expertise of a lawyer, and anticipate the steps as early as the international contractual negotiation.
