Execution of a foreigners civil judgment (divorce, debt...) in France
Verified 08 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
How to have a divorce pronounced abroad transcribed in France?
You want to execute in France, a judgment delivered at the foreigner ? The procedure differs depending on whether it has been rendered within the European Union (EU) whether or not outside Denmark . We present you with the information you need to know.
Within the EU
The formalities depend on the date on which the foreign court is seised.
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Foreign court seised before 1 August 2022
To force the other part to respect a foreign decision (to enforce the right of access and accommodation of a parent, force the return of a child...), you must refer the matter to the president of the court of justice.
You must submit a application for the establishment of the enforceability.
The competent court is:
- The one where the applicant
- Or the one where the place of habitual residence of the child
- Or the one where the right of access is to be exercised fixed by the decision.
Who shall I contact
Documents to be supplied
The request must be addressed in duplicate to president of the judicial tribunal.
The lawyer is not obligatory.
This request must be accompanied in particular by a dispatch of the foreign decision and the European Enforcement Order Certificate.
This certificate shall be issued by the jurisdiction or authority stranger having given the decision to be enforced.
A French translation of the decision and certificate may be required. This translation is done by a certified translator. Translation costs must be paid by the applicant.
Find a certified translator or interpreter registered with the Court of Appeal
Notification of the decision
The President of the Tribunal shall issue a decision declaring it enforceable.
This decision is first given to you or notified by registered letter with request for notification of receipt.
Then you need to signify to the party against whom enforcement is sought.
Appeal against the decision finding enforceability
The decision of the President of the Judicial Tribunal may be challenged by call within 1 month of significance.
Who shall I contact
An appeal on a point of law is possible against the decision of the Court of Appeal. This is a remedy to challenge a court decision that is contrary to the law.
Who shall I contact
Foreign court seised after 1 August 2022
The judgment given abroad is executed directly in France without prior action. For example, a German decision granting a father residing in France access to his child is carried out without formality.
You can enforce a foreign decision in France by means of a enforceable title European Union or a declaration of enforceability.
The European Enforcement Order concerns debts undisputed (e.g. payment of an invoice).
In other cases, you have to refer the matter to the Registrar of the Court of Justice for a application for a declaration of enforceability.
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European Enforcement Order
The European Enforcement Order enables a cross-border claim to be enforced quickly and effectively, i.e. between creditor European and one debtor resident in France. It allows the free circulation of foreign decisions in France. The claim is no longer subject to appeal in the country of origin.
You can obtain this European Enforcement Order from theforeign judicial authority (court, notary...).
You must then send it to the commissioner of justice which is responsible for the implementation of that decision in France.
The Commissioner of Justice competent is that of the domicile of the debtor or the where the property is located.
Who shall I contact
You must accompany this European Enforcement Order with a copy of the decision original.
A French translation of the decision may be required. This translation is done by a certified translator. Translation costs must be paid in advance by the applicant.
Declaration of enforceability
This simplified procedure takes place in front of the registry director of the court of justice. It involves asking him to to establish the character enforceable of a judgment given in Europe.
It can be used in civil and commercial matters (claim, contract, damages...).
The use of a lawyer is not obligatory.
If you don't have enough resources, you can apply for legal aid to cover all or part of the costs of a lawyer and a Commissioner of Justice.
You must to refer to the director of graft of the Judicial Tribunal of a request.
The court of law competent shall be that of the domicile of the sentenced party.
Who shall I contact
The application shall be lodged in duplicate.
It is accompanied by a dispatch of the foreign judgmentand the European Enforcement Order Certificate.
This certificate shall be issued by the court or authority which gave the decision to be executed.
A French translation of the decision and certificate may be required. This translation is done by a certified translator. Translation costs must be paid in advance by the applicant.
Find a certified translator or interpreter registered with the Court of Appeal
Warning
If the foreign decision concerns enforcement difficulties in matters of maintenance (maintenance), you must directly contact the president of the court of justice of your application.
If the certificate is not produced, the Registrar may allow time for the applicant to provide it. It may also accept an equivalent document or exempt the applicant from it.
The Registrar shall issue a statement which establishes the enforceability.
This declaration shall be given directly to the applicant or notified by registered letter with request for notification of receipt.
It must then be served to the party against whom enforcement is sought.
You can challenge the decision of the Registrar that he or she has accepted or rejected your application. The party against whom enforcement is sought may also bring such an action.
The appeal shall be brought before the president of the judicial tribunal.
Who shall I contact
An appeal on a point of law is possible against the decision of the President of the Judicial Court. The purpose of this remedy is to challenge a court decision that is contrary to the law.
Who shall I contact
Non-EU
A court decision issued outside the European Union does not apply directly in France. To do this, it must be the subject of a procedure of exequatur.
This procedure allows you to request to the French judge to give enforceability to the foreign decision. It does not change the content of the foreign decision. It only verifies that it can be applied in France.
The French judge grant exequatur only if the 3 conditions following are combined :
- The foreigner judgment was rendering by a foreign judicial authority competent
- The judgment is not contrary to public order international
- The applicant didn't catch foreigner judge with intent fraudulent to obtain a decision contrary to French law.
Exequatur procedure
You have to go to court by a subpoena or by request wife.
L'lawyer is obligatory.
The competent court is the court of law of the place where the residence is the defendant, if his domicile is known to the applicant.
Otherwise, the court of competent jurisdiction is the court of the place where the plaintiff or court of his choice remains if the defendant remains abroad.
If the defendant has no known domicile or residence, the plaintiff may refer the place where he resides to the court.
The competent court may also be that of the the building (e.g. in an estate if the building is located in France).
Who shall I contact
Warning
Judgments rendered abroad shall not be hard-working in France only if they've been notified.
Challenge of the decision
You can do call of the decision of the court of justice to enforce the judgment.
The assistance of a lawyer is obligatory before the Court of Appeal.
FYI
If the judgment is not executed voluntarily by the person ordered to pay, it may be subject to an enforcement proceedings by a Commissioner of Justice (e.g. referral).
The use of a lawyer is obligatory to bring an action before the court of justice exequatur demand.
In the event of an appeal, you must also be represented by a lawyer.
If you don't have enough resources, you can apply for legal aid to cover all or part of the costs of legal representation.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
- Lundi : de 08h30 à 17h30
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- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
- Lawyer
Enforcement of a foreigner judgment
Territorial jurisdiction of the Judicial Tribunal
Public policy
Proceedings for recognition before the court of justice
General Instruction on Civil Status
Regulation on matrimonial matters and parental responsibility
Regulation in civil and commercial matters
Circular on the recognition and enforcement of judgments
Service-Public.fr
Service-Public.fr
Service-Public.fr
Ministry for Europe and Foreign Affairs
European Commission
Ministry for Europe and Foreign Affairs