The recognition and enforcement of Australian judgments in France is exclusively settled by French law. Indeed, France did not sign any treaty relative to mutual assistance in private legal matters.
A number of countries are concerned, in particular:
- Australia,
- New-Zeland
- Fidji
- Papua New Guinea,
- Samoa,
- and many others…
Judgments originating from those countries will be subject to the provisions of article 509 of the French code of civil procedure as well as the conditions laid down by the famous Cornelissen case of February 20th, 2007. Essentially, the French judge will verify that the foreign judgment meets the following requirements:
- The foreign Court has proper jurisdiction under French law,
- The foreign judgment complies with French procedural and substantive public policies,
- The foreign judgment was rendered without fraudulent forum shopping (evasion of the law)
In 2012, the Court of Appeal of Chambery recognized an australian judgment in France sentencing the defendant to pay the plaintiff the sum of $3.000.000. The conditions were met and the judgment could be enforced on French territory (Cour of Appeal of Chambery, October 16th, 2012 n°11/01981).
The enforcement of an australian judgment on French territory is possible as long as the conditions laid down by French law are met. You can visit this page to learn more about the recognition process and this page to learn more about how to seize the assets of the debtor once the judgment is recognized.
I have extensive experience in private international law matters and particularly with recognition and enforcement proceedings. You can use the Contact form if you have any questions or wish to enforce a foreign Judgment in France. You will receive a response within 24 hours.