Enforcement of judgments (exécution des décisions de justice)

Enforcement of judgments refers to the body of rules that allow the beneficiary of a decision to have it applied, by compulsion if necessary. It requires an enforceable title, as listed in Article L. 111-3 of the French Code of Civil Enforcement Procedures, foremost among which are decisions of the ordinary courts once they are enforceable. Compulsory enforcement is carried out by a commissaire de justice, under the supervision of the enforcement judge.

Prerequisites

A decision may be enforced only on presentation of a copy bearing the enforcement formula, and against a party to which it has previously been notified, in principle by service. It must also have become final or be provisionally enforceable, which is now automatic for most first-instance decisions. Enforcement pursued on the basis of a provisionally enforceable title is at the creditor’s risk, and the creditor must restore the debtor’s position if the title is subsequently varied.

Enforcement measures

Monetary awards are recovered through attachments, in particular garnishment of debts (saisie-attribution) and seizure and sale of movable property (saisie-vente). Obligations to do or refrain from doing something, which predominate in intellectual property, are secured by a penalty payment, breach of which is established by an official report and then sanctioned on liquidation. A ban on marketing, the recall and destruction of infringing products or publication of the decision require a precise operative part, as the enforcement judge can neither alter the operative part of the decision nor suspend its enforcement.

Enforcement outside France

Within the European Union, the Brussels I bis Regulation abolishes exequatur, so that a decision enforceable in the Member State of origin is enforceable in the other Member States on production of a certificate, subject to the exhaustively listed grounds for refusal. Outside the Union, a recognition and enforcement procedure is in principle still required. Decisions of the Unified Patent Court are enforceable in each Contracting Member State under the law of the State where enforcement takes place, and a translation may be required.

Key points

A favourable decision has practical effect only once it is enforced. The decision should be served without delay, its enforceability checked and the risk of repayment assessed if it is appealed. Where the decision must be enforced in several countries, the necessary certificates and translations should be prepared from the moment it is handed down.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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