Winning an art dispute abroad does not always end the matter. If the defendant, artwork, sale proceeds or other assets are in France, the judgment may need to be recognised and enforced through the French legal system. The route depends first on where the judgment was issued.
EU judgments benefit from a streamlined regime
For judgments within the scope of the Brussels I Recast Regulation, a decision given in one EU Member State is recognised in the other Member States without a special recognition procedure. Article 39 provides that a judgment enforceable in the Member State of origin is enforceable in another Member State without a declaration of enforceability.
This is highly relevant to France/Belgium disputes: a qualifying judgment from a Belgian court can circulate to France under the Regulation, and the reverse is also true, subject to the Regulation’s scope, documentation requirements and grounds for refusal.
Enforcement procedure remains local
Even where EU law removes the old exequatur requirement, enforcement against assets in France is carried out under French enforcement rules. The creditor still needs to identify the relevant asset, obtain the required certificate and judgment documents, and use the appropriate French enforcement measure.
In an art dispute, the relevant asset may be the artwork itself, sale proceeds, a bank account or another asset belonging to the debtor. The enforcement strategy should therefore begin with a practical asset analysis.
Non-EU judgments require a different analysis
For judgments outside the EU framework, the starting point is different. Article 509 of the French Code of Civil Procedure states that judgments of foreign courts are enforceable in France in the manner and cases provided by law. Recognition and enforcement may therefore require French proceedings and review under the applicable international or French rules.
The precise route depends on the country of origin, the subject matter and any applicable treaty or convention. A US judgment, for example, is not treated in the same way as a judgment from Belgium.
UK judgments require particular attention after Brexit
The Brussels I Recast regime no longer applies to new UK proceedings in the same manner as it applies between EU Member States. Depending on the agreement and timing, international instruments may nevertheless be relevant. The 2005 Hague Choice of Court Convention is particularly important where the parties concluded a qualifying exclusive choice-of-court agreement.
Foreign counsel should therefore review the jurisdiction clause and dates before assuming which recognition regime applies.
Art disputes can create enforcement-specific difficulties
An artwork may move rapidly, be held by a bailee or storage company, be consigned to auction or be subject to competing ownership claims. Enforcement against a work therefore requires confidence that it belongs to the judgment debtor and can lawfully be seized.
Where title is contested, the Firm’s articles on ownership claims and possession under French law provide useful context. Enforcement should not be designed on the assumption that physical custody automatically equals ownership.
Plan enforcement before the foreign case ends
Where France is a likely enforcement jurisdiction, French counsel can add value before final judgment. Understanding the assets, potential recognition regime and available protective measures can influence settlement and litigation decisions abroad.
The most effective enforcement strategy often begins before the judgment creditor actually needs to enforce.
About the author
Alexis Fournol, Attorney at the Paris Bar and Partner at Fournol & Associés, advises and represents French and international art-market professionals, collectors, experts and institutions in disputes involving art, cultural property, authenticity, ownership, customs and related criminal or regulatory issues.
How Fournol & Associés can assist
Fournol & Associés assists foreign clients and law firms with recognition and enforcement of judgments in France where the underlying dispute concerns artworks, art-market transactions or related commercial claims. The Firm can assess the applicable recognition regime, coordinate French enforcement measures and address title or asset issues that are specific to artworks.
Fournol & Associés regularly acts as French counsel within international legal teams. Foreign law firms may instruct the Firm for a defined French-law issue, for proceedings in France, or for the French component of a wider multi-jurisdictional dispute. The Firm works in English and coordinates closely with lead counsel, experts and other advisers.
The Firm also assists clients in Brussels, particularly in art-market matters. Depending on the nature of the matter, we may act directly or, in contentious proceedings, work alongside Belgian counsel where appropriate or required.
Related reading
- Art Market — cross-border disputes and enforcement
- What Happens When Someone Claims Ownership of an Artwork in France? — where enforcement encounters a third-party title claim
- “Possession vaut titre” — physical custody and legal ownership under French law
Contact Fournol & Associés for a French-law or France/Brussels art-market matter.
This publication provides general information on French law and does not constitute legal advice. The applicable rules depend on the facts, relevant agreements, jurisdictions involved and procedural posture of each matter.
Frequently Asked Questions
Can a Belgian judgment be enforced in France?
A qualifying Belgian civil or commercial judgment can benefit from the Brussels I Recast regime, which provides for recognition and enforceability across EU Member States without the former exequatur declaration.
Can a US judgment be enforced directly in France?
The route is different from EU enforcement and requires analysis under French and any applicable international rules. French proceedings may be necessary before coercive enforcement can occur.
What about an English judgment after Brexit?
The applicable regime depends on the dates, subject matter and contractual jurisdiction arrangements. The 2005 Hague Choice of Court Convention may be relevant to qualifying exclusive jurisdiction agreements.
Can a judgment creditor seize an artwork located in France?
Potentially, but the creditor must consider French enforcement rules and whether the work legally belongs to the debtor. Third-party ownership or custody can materially affect the strategy.
