Recognition of a French Judgment in Israel: Exequatur Procedure and Steps

When a judgment is rendered in France and the debtor resides abroad, it is necessary to have the judgment recognized before the competent courts to consider its future application. Therefore, if you wish to execute a French decision in Israel, you will need to initiate an “exequatur” procedure with the Israeli courts, which will give the French judgment enforceable power in Israeli territory. In this regard, it is strongly recommended to be assisted by a specialized law firm.

1. Principle of Exequatur in Israel

Exequatur is the procedure by which Israeli judicial authorities recognize a foreign judgment. Once this recognition is granted, the judgment can be executed as a local decision. While it should be noted that Israel has not signed a bilateral convention with France regarding the recognition and enforcement of civil and commercial judgments, Israeli law nevertheless allows for the recognition of a foreign judgment under certain conditions, pursuant to the Foreign Judgments Enforcement Law of 1958.

2. Conditions for Recognition of a French Judgment in Israel

For an Israeli court to accept and enforce a French judgment, the following conditions must be met:

1. Jurisdiction of the foreign court: The French court that rendered the decision must have jurisdiction according to international law rules.
2. Final decision: The judgment must be final and enforceable in France.
3. No contradiction with Israeli public policy: The decision must not contravene the fundamental principles of Israeli law.
4. Legal reciprocity: France must also recognize and enforce Israeli judgments under similar conditions.
5. No contradiction with a prior Israeli decision: The foreign judgment cannot be recognized if it contradicts a decision rendered by an Israeli court or if it is currently being adjudicated in Israel.
6. Steps of the Exequatur Procedure in Israel

a. Filing the Application The procedure will begin with filing a request with the competent court in Israel, which must include:

• An authentic and certified copy of the French judgment.
• A certificate confirming that the judgment is final and enforceable in France.
• A certified Hebrew translation of all necessary documents.

b. Review of the Request by the Israeli Court

The court will verify that the legal conditions are met, and in this regard, may request to hear the parties to evaluate whether the judgment complies with Israeli public policy and ensure it does not infringe on defense rights.

c. Exequatur Decision

If the court accepts the request, the French judgment is recognized and becomes enforceable in Israel. If refused, the decision can be appealed to a higher court.

4. Why Use a Specialized Law Firm?

The exequatur procedure in Israel involves complex aspects of private international law and specific requirements of the Israeli judicial system. Using a specialized law firm offers several advantages:

• Legal expertise: Our lawyers master local procedures and specificities of the Foreign Judgments Enforcement Law.
• Administrative and linguistic management: Our perfectly bilingual teams handle document translation and ensure compliance.
• Defense of your interests: In case of opposition, we prepare an adapted strategy to secure your rights.
• Time savings: We work to accelerate the process and avoid delays related to administrative errors.

5. Specific Points of Vigilance

Public Policy: Israeli courts are particularly vigilant about respecting local public policy, especially in sensitive areas such as family law or religious matters.

Certified Translation: All submitted documents must be translated into Hebrew by a sworn translator, as incorrect translation can lead to case rejection. ABITBOL & ASSOCIATES Law Firm, in its capacity as a notary, will ensure the legalization of all documents submitted to the courts.

Possible Opposition: The party against whom the judgment is being executed may oppose the exequatur by invoking, for example, the French court’s lack of jurisdiction or incompatibility with Israeli law.

6. The Recognized Expertise of ABITBOL & ASSOCIATES

ABITBOL & ASSOCIATES has solid references in this field, having intervened numerous times on behalf of clients who, having French enforceable judgments, encountered major difficulties in recovering their claims. Thus, sums of more than 200,000 Euros have been recovered on behalf of surety companies, private clients, as well as substantial damages for French associations and civil parties who were previously unable to enforce their judgments. Due to its geographical proximity and also strong tenacity in all trials, the Firm has succeeded through proven knowledge of the exequatur procedure in Israel, in recovering significant sums from reluctant debtors, by subsequently activating seizure mechanisms authorized in Israel through enforcement services and also by mandating professional investigators upstream to identify said debtors’ movable and immovable assets. The Firm also assists its clients in all preliminary steps before initiating an exequatur procedure, particularly regarding international service of judgments, diligences complicated by the obligation to translate documents into a language known by the defendant.

CONCUSION

Having a French judgment recognized in Israel proves to be an essential step to guarantee the execution and recognition of your rights in Israel. Given the legal requirements and potential obstacles, it is crucial to benefit from the support of a law firm specialized in international law. Our Firm will provide you with an experienced team to guide you through the exequatur procedure and defend your interests at every step. Contact us to obtain a personalized quote for your specific case and discover how we can effectively secure your rights in Israel.

13 Avenue Bugeaud Paris 16ᵉ
Tel: + 33 (0)1 78 90 03 73
Fax: + 33 (0)1 77 74 63 99

13 rue Shimon ben Shetah, 9414713, Jérusalem
Tel: + 972 (0)2 595 63 45
Fax: + 972 (0)2 591 63 26

contact@abitbol-associes.com

Contactez-nous

Pour toute question relative à votre situation personnelle, merci de nous laisser un message:

Votre nom (obligatoire)

Votre email (obligatoire)

Votre numéro de téléphone (obligatoire)

Sujet

Votre message