If you have obtained a High Court judgment or arbitral award in England and Wales, recovery does not always end there. Where the debtor’s assets are located in France, you will need to follow French recognition and enforcement procedures before you can seize assets.
Enforcing abroad is an extension of the wider enforcement of judgments process. The key question is not whether enforcement is possible, but how it must be done and which route applies.
Can you enforce an English Court Judgment in France after Brexit?
Yes, but the legal framework has changed.
Before Brexit, enforcement between the UK and EU Member States was governed by the Brussels Recast Regulation. That regime no longer applies to new English judgments.
Instead, enforcement in France now depends on:
- Whether the Hague Convention applies
- French domestic private international law
- The nature of the judgment
In practical terms, this means the English judgment must first be recognised by the French courts before enforcement steps can begin.
Recognition is not automatic. The French court will consider jurisdiction, procedural fairness and public policy before granting enforcement.
Do you need Exequatur to Enforce a Judgment in France?
In most cases, yes.
Exequatur is the procedure by which a French court declares a foreign judgment enforceable in France. Without this step, you cannot instruct enforcement officers to seize assets.
The process typically involves:
- Filing the English judgment and supporting documents
- Providing certified translations
- Demonstrating that the English court had proper jurisdiction
- Confirming that the judgment is final and enforceable
Only once exequatur is granted can enforcement measures begin.
How Are Arbitral Awards Enforced in France?
Arbitral awards are often easier to enforce internationally than court judgments.
France is a signatory to the New York Convention, which provides a well-established framework for recognition and enforcement of foreign arbitral awards. This is one reason why many commercial contracts include arbitration clauses.
To enforce an English arbitral award in France, an application is made to the competent French court. The court will usually grant enforcement unless limited defences under the Convention apply, such as procedural irregularity or public policy concerns.
In cross-border disputes, arbitration can offer a practical enforcement advantage.
What Assets Can Be Seized in France?
Once recognition has been obtained, French enforcement officers may pursue:
- Bank accounts
- Real property
- Commercial receivables
- Movable assets
The precise enforcement method depends on the nature of the asset.
Where there is a risk that assets may be dissipated before recognition is complete, protective measures such as freezing orders in England may need to be considered as part of a wider strategy.
Timing and coordination are critical in cross-border recovery.
How Long Does Enforcement in France Take?
Timeframes vary depending on:
- Whether the debtor contests recognition
- The complexity of the underlying dispute
- The nature of the assets
Uncontested recognition can be relatively swift. Contested proceedings can significantly extend the process.
Costs must also be factored into the commercial decision. Cross-border enforcement should always be assessed against the likely recoverable value.
Is Insolvency Pressure Still Relevant?
If the debtor retains a presence or assets in England and Wales, enforcement strategy may include additional pressure tools such as a winding up petition.
However, where the debtor is primarily French-based, enforcement will usually proceed through French courts rather than English insolvency proceedings.
Each case requires a coordinated assessment of:
- Asset location
- Jurisdictional leverage
- Cost proportionality
- Risk of asset dissipation
Conclusion
English court judgments and arbitral awards can be enforced in France, but the procedure differs depending on whether the decision is a court judgment or an arbitral award.
Court judgments generally require exequatur and recognition under French law. Arbitral awards benefit from the New York Convention framework and are often more straightforward to enforce.
Cross-border enforcement is not simply procedural. It is strategic. The location of assets, the risk of dissipation and the debtor’s wider position must all be considered before taking action.
Structured advice at the enforcement stage can materially affect recovery prospects and cost efficiency.
