Enforcement in France of a US Judgment: Precisions on French International Public Procedure Policy and the Limits of the Counterclaim in Enforcement Proceedings

Author: Marcos POVOA

Type: Article : News

ref: 32021449-460

N0:3 of 2021

Pages: 449-460

This ruling reminds international operators in proceedings against a French debtor that there can be no recognition and enforcement in France of a foreign judgment issued outside the European Union unless the fundamental procedural rights of the parties have been respected. When faced with a defaulting defendant, it is necessary, at a minimum, to ensure that the defendant has been regularly summoned to the proceeding, and that he was aware of it. Accordingly, a failure to serve a foreign judgment on the defendant does not violate French international public policy of procedure, so long as that the foreign law, which does not require such a service, provides for the existence of an effective remedy. This judgment also reminds that the parties cannot take advantage of the enforcement proceedings to amend the shortcomings of the judgment whose enforcement is sought in France, since the judge does not have the power to decide incidental or counterclaims that are not directly related to such a claim.