Authenticity litigation is rarely resolved by one decisive certificate or one expert opinion. French courts may need to compare documentary provenance, specialist opinions, technical and scientific evidence, the physical object and the circumstances of the sale before deciding the contractual or liability issue before them.
The legal question determines what must be proved
A buyer seeking annulment for mistake does not have exactly the same evidential task as a party alleging fraud or pursuing an auction house for professional negligence. The evidence must be organised around the elements of the legal claim rather than assembled as a general dossier on the artist.
The first step is therefore to define what the court will actually have to decide: authenticity itself, the existence of a serious doubt, the accuracy of a catalogue description, the professional’s diligence, or whether the buyer accepted an attributional risk.
Private expert opinions are important but contestable
A recognised specialist’s opinion can carry substantial weight, especially where the market treats that person or committee as authoritative. But a private opinion may be challenged because of methodology, incomplete provenance, lack of contradiction or competing evidence.
The Paris Court of Appeal decision of 4 February 2025 provides a useful example. A specialist’s negative view was later reassessed through a judicial expert process that clarified the provenance and examined stylistic features. The updated catalogue raisonné team then intended to include the work.
Judicial expertise can structure the evidential debate
French civil procedure allows a court to appoint an expert where technical assistance is required. The expert’s mission may include physical examination, documentary review, hearing knowledgeable persons and, where appropriate, scientific testing.
Before proceedings, Article 145 of the French Code of Civil Procedure can permit legally admissible measures to preserve or establish evidence where there is a legitimate reason to do so in anticipation of litigation.
However, Article 145 is not a mechanism for obtaining an abstract judicial opinion. The 7 May 2024 and 4 September 2025 catalogue raisonné cases show that the contemplated underlying action must itself be legally viable.
Scientific evidence is one part of the picture
Pigment analysis, support dating, imaging, casting analysis, fingerprints, tool marks and other scientific techniques can be highly relevant. Their significance depends on the medium and the hypothesis being tested.
Scientific evidence can sometimes exclude a proposed date or attribution more readily than it can positively identify an author. It should therefore be integrated with provenance, archives and stylistic evidence rather than treated as automatically conclusive.
Provenance may change the authentication analysis
The 4 February 2025 decision also demonstrates how an error or ambiguity in provenance can distort the authentication process. When the historical chain was clarified, the evidential picture changed materially.
Our separate publication on Art Provenance and Ownership Claims in France explains why provenance should be reconstructed chronologically and not reduced to a short marketing statement.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents auction houses, galleries, dealers, experts, collectors, artists and artist estates in authenticity, attribution and art-market disputes. He also regularly works with foreign lawyers on French-law aspects of cross-border art matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents clients in authenticity, attribution and expert-liability matters involving artworks and collectibles. The Firm has handled, and is currently handling, several matters involving disputed authenticity, auction descriptions, expert opinions, provenance and judicial expertise.
Our practice combines art-market knowledge with French contract law, auction law, civil liability, evidence and procedure. We may intervene at the pre-contentious stage, during expert and documentary analysis, in negotiations and in proceedings before the French courts. In cross-border matters, the Firm can act as French counsel alongside the client’s existing foreign legal team.
Related reading
Art Market · Art Provenance and Ownership Claims in France · Insights
Frequently Asked Questions
Can a French court appoint an art expert?
Yes. Where technical questions require specialist assistance, the court may order judicial expertise and define the expert’s mission.
Can I obtain an expert examination before bringing the main claim?
Potentially, under Article 145 French of Code of Civil Procedure, if there is a legitimate evidential reason and a viable contemplated dispute.
Is a scientific test conclusive proof of authenticity?
Not necessarily. Scientific testing can be powerful evidence but generally needs to be interpreted alongside provenance, documentation and stylistic analysis.
Can a court disagree with a leading specialist?
Yes. A highly authoritative opinion may be important without being automatically binding on the court.
This publication provides general information only and does not constitute legal advice. The applicable law, evidence, procedural options and limitation periods must be assessed in light of the facts of each case.
