Execution of a foreigners civil judgment (divorce, debt...) in France

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.

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.

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.

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.

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.

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.

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.

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

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.

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.