France Process Server

Overview

Process Server in France: How Service of Process Works

France has not objected to the Article 10 alternative channels, so service can be effected either through a commissaire de justice (the official formerly called a huissier de justice), who is, by French law, typically the person authorized to serve papers, or formally through France's Central Authority, the Ministry of Justice's international cooperation department (DEDIPE). Using a huissier directly is usually faster than routing through the Central Authority. Note that a generic private process server who is not a licensed huissier cannot validly effect service in France; U.S. courts have rejected attempts to do so.

To enforce a U.S. judgment in France, the creditor asks a French court for an exequatur. Since the Cour de cassation's Cornelissen decision of 20 February 2007, three conditions apply when no treaty governs: the U.S. court had jurisdiction, there was no fraud or forum-shopping to evade the applicable law, and the judgment respects French international public policy, including procedural fairness and the right to be heard.

That procedural fairness test is where service matters. A French court will look closely at whether the defendant received proper notice and had a real chance to respond. Two other barriers have fallen away: in Prieur (2006) the Cour de cassation held that Article 15 of the Civil Code no longer gives French courts exclusive jurisdiction over French nationals, and it applied that rule to a U.S. judgment in 2007.

Two practical risks remain. In Fountaine Pajot (2010), the Cour de cassation held that punitive damages are not contrary to French public policy in principle, but refused a California judgment whose award was disproportionate. And a French appeal court recently refused a U.S. jury verdict that gave no reasons, so supporting documents explaining the decision should accompany the exequatur request.

Who serves process

Who Can Serve Legal Documents in France

France is a civil-law country. Formal service (signification) is carried out by a commissaire de justice, the official who replaced the huissier de justice in 2022, or by the court registry, under Articles 683 and following of the Code of Civil Procedure.

France's Central Authority is the Département de l'entraide, du droit international privé et européen (DEDIPE) at the Ministry of Justice. France has not objected to Article 10, and it expressly allows direct service under Article 10(b): the applicant instructs a commissaire de justice directly, which is usually much faster than the Central Authority. The applicant pays the commissaire's fees.

The documents most often bound for Paris and the rest of France are an assignation (writ of summons) or a requête (application), plus orders, subpoenas and other court notices. Addresses range from Paris to the Overseas Territories.

The rules

France Service of Process Rules

The rules that govern service in France:

Treaties

Hague Service Convention and France

France is a party to the Hague Service Convention, so documents can be sent to its Central Authority, which arranges service and returns a Certificate of Service. On Article 10: France has not objected to Article 10 and allows direct service by instructing a commissaire de justice (formerly huissier de justice).

France is also a party to the Hague Evidence Convention, so witness testimony and documents can be requested with a Letter of Request.