Recognition of Foreign Judgments in France
Recognition of Foreign Judgments in FranceUpdated on Monday 18th April 2016
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The recognition of foreign judgments in France can take place under certain special conditions. Foreign judgments can be enforced in France only following a thorough examination and, unless otherwise provided through a treaty, the competent French court will allow the foreign judgement to be enforced in France.
The most common case in which a foreign judgement is denied is when it is considered offensive to a French law. When doing business in France, entrepreneurs should be well aware of the French legal system and specific legal provisions that apply to their business and field of activity.
Our French lawyers are ready to assist you in any legal matter and help you take the necessary steps for enforcing a foreign judgement in France.
Steps for the recognition of foreign judgments in France
The first step undertaken by a French judge when dealing with the recognition of a foreign judgement is to verify if the court adjudicating the dispute is indeed the one entitled to hear the case. The French judge will determine the nature of the dispute and that it does not fall in the competence of French courts. However, if, following a verification made by a French judge, it is found that the dispute does fall in the competence of a French court, the judge is entitled to refuse the foreign judgement.
Special cases that may not be accepted are issues regarding patents, registering trademarks in France, cases concerning French real estate properties and others. Our French law firm specializes in dealing with international issues, including alternative conflict resolution methods, such as arbitration in France.
Applicable legal framework for foreign judgments in France
The main regulatory document for foreign judgments in France is the New Civil Procedure Code. Although it does not change the approach on cases that deal with foreign judgments, it does provide new standards for determining the jurisdiction of the courts and the trial procedure.
France uses a broad approach on the enforcement policy for foreign judgments. Because it is a member of the European Union, France also observes many international agreements regarding the enforcement of civil judgments.
Our law firm in France can give you detailed information and examples regarding the cases in which French courts are willing to enforce foreign judgments. Special attention should be paid to cases that involve the enforcement of foreign judgments in France. Our French lawyers are ready to help you find out more about this procedure as well as the general litigation procedure.
If you want to know more about the elements taken into consideration by French judges when dealing with foreign judgments, please contact our French lawyers.