FRANCE Law and Practice Contributed by: Barbara Levy, Paul Talbourdet and Alison Vogt, De Pardieu Brocas Maffei
ment creditor does not need to obtain an enforcement order, so enforcement proceedings will be quicker and less expensive than when a judgment creditor seeks to enforce a non-EU judgment. Indeed, the exequatur proceedings require the judgment creditor to be rep - resented by a lawyer, and the procedure may take a few months at least before the exequatur is obtained. The costs and timeframe for enforcing EU and non- EU judgments alike will depend on a wide range of factors, including – in particular – the nature of the enforcement measure, how easy it is to determine the debtor’s assets, and the nature and location of those assets. Instructing a competent local bailiff and a competent local lawyer experienced in foreign judgment enforce - ment is a key consideration when seeking the enforce - ment of foreign judgments in France and increases the probability of effective collection, in terms of both cost and time. 3.6 Challenging Enforcement of Foreign Judgments The Brussels 1a Regulation gives the right to the judg - ment debtor to seek suspension of or to challenge the EU judgment via an ordinary appeal in the EU member state of origin, as well as challenge the enforcement of the judgment in the EU member state where it is sought. If the judgment is successfully challenged in the EU member state of origin, this could neutralise the origi - nal judgment. However, this possibility does not affect the presumption of the Brussels 1a Regulation that the original judgment – when presented in the EU mem - ber state where enforcement is sought – is entitled to receive both recognition and enforcement, even if the enforcement court has the discretion to wholly or partially suspend the enforcement of a foreign judg - ment if it is challenged in the member state of origin. Article 45 of the Brussels 1a Regulation exhaustively sets out the exceptional grounds that – when present – prevent the recognition and hence the enforcement of a foreign judgment in the EU member state where the request is made, as follows:
• if the foreign judgment is such that its recognition would be manifestly contrary to public policy in that member state; • if the foreign judgment was given by default, under conditions provided by the Brussels 1a Regulation; • if the foreign judgment is irreconcilable with anoth - er judgment given between the same parties in the EU member state in which the request is made; • if the foreign judgment is irreconcilable with an earlier judgment from another EU member state (or a third state) between the same parties, concerning the same cause of action, that itself may be recog - nised in the EU member state in which the request is made; and • if the court in the EU member state of origin took jurisdiction in breach of the provisions provided for in the Brussels 1a Regulation. Non-EU judgments may be challenged if the court that initially rendered the judgment did not have jurisdic - tion over the case or if the judgment is incompatible with French international public policy or was pro - cured by fraud. The exequatur may be appealed within one month of the date of the service by one party on the other (or within three months for parties domiciled abroad). 4. Arbitral Awards 4.1 Legal Issues Concerning Enforcement of Arbitral Awards In 1981, France enacted a decree on arbitration, which successfully consolidated its position as the leading country in international commercial arbitration. A new decree on French arbitration law came into effect on 1 May 2011 and is seen as strongly establishing France’s will to maintain its leading role in international commercial arbitration and its aim to have arbitrat - ing parties continue to select Paris as their seat of arbitration. France is also a party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), which entered into force in France on 24 September 1959 and deals with the recognition and enforcement of arbitral awards. However, the New York Convention specifi -
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