Serving documents

France

Content provided by:
France

NB! Council Regulation (EC) No 1393/2007 has been replaced by Regulation (EU) 2020/1784 of the European Parliament and of the Council as of 1 July 2022.

Notifications made under the new Regulation can be found here!


Article 2(1) – Transmitting agencies

The transmitting agencies in France are the judicial commissioners (new name given to bailiffs as of 1 July 2022) and the court registries.

Article 2(2) – Receiving agencies

The receiving agencies in France are the judicial commissioners.

Article 2(4)(c) – Means of receipt of documents

Documents must be sent by post.

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

France will accept the standard request form in Annex I if it is completed in French or one of the following languages: English, German, Italian or Spanish.

Article 3 – Central body

The central body is the Department for mutual assistance, private international law and EU law (Département de l’entraide, du droit international privé et européen – DEDIPE)

Address:

Ministère de la Justice (Ministry of Justice)

Direction des Affaires Civiles et du Sceau (Civil Affairs and Seals Directorate)

Département de l’entraide, du droit international privé et européen (DEDIPE)

13, place Vendôme

F-75042 Paris Cedex 01

Tel.: 00 33 (0)1 44 77 61 05

Fax: 00 33 (0)1 44 77 61 22

Email: entraide-civile-internationale@justice.gouv.fr

Languages: French and English.

Article 4 – Transmission of documents

France will accept the standard request form in Annex I if it is completed in French or one of the following languages: English, German, Italian or Spanish.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

Pursuant to French law, a document must be served within a particular period, as indicated in Articles 8(3) and 9(2).

Article 10 – Certificate of service and copy of the document served

The certificate of service or copy of the document served may be completed in French or one of the following languages: English, German, Italian or Spanish.

Article 11 – Costs of service

The fixed fee for service by a bailiff (huissier de justice) is EUR 48.36 (Order (arrêté) of 28 February 2020). This fee must be paid when the documents are served, unless the applicant is receiving legal aid.

For documents to be served in the overseas departments and collectivies, pursuant to Article A444-10 of the Commercial Code, the fee is increased as follows:

  1. by 30% for the Wallis and Futuna Islands, Saint Pierre and Miquelon and Mayotte (i.e. EUR 62.87);
  2. by 29% in the departments of Guadeloupe and Martinique (i.e. EUR 62.38);
  3. by 27% in the department of Guyane (i.e. EUR 61.42);
  4. by 37% in the department of La Réunion (i.e. EUR 66.25).

Article 13 – Service by diplomatic or consular agents

France is opposed to another Member State serving judicial documents on French territory through consular or diplomatic channels unless the person to be served with the document is a national of that Member State.

Article 15 – Direct service

France is not opposed to direct service as provided for in Article 15(1).

Article 19 – Defendant not entering an appearance

Notwithstanding the provisions of paragraph 1, a French judge may give judgment if all the conditions laid down in paragraph 2 are met.

An application for relief as provided for in paragraph 4 must be filed within one year of the decision.

Article 20 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 20(2)

Convention of 1 March 1954 on civil procedure

Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

Agreement between France and Germany to facilitate the application of the Hague Convention of 1 March 1954 on civil procedure, signed on 6 May 1961

Convention on mutual judicial assistance in civil and commercial matters between France and Belgium of 1 March 1956, as amended by the Exchange of Letters of 23 and 30 August 1960

Agreement of 5 April 1976 between the Government of the Republic of France and the Government of the People’s Republic of Poland to facilitate the application of the Hague Convention of 1 March 1954 on civil procedure

Convention of 2 February 1922 to facilitate formalities in proceedings between persons residing in France and in the United Kingdom

Agreement between the Republic of France and the Socialist Federal Republic of Yugoslavia to facilitate the application of the Hague Convention of 1 March 1954 on civil procedure, signed in Belgrade on 29 October 1969

Convention between the Republic of France and the Socialist Republic of Romania on Legal Assistance in Civil and Commercial Matters, signed in Paris on 5 November 1974

Convention on Legal Assistance and Cooperation between the Republic of France and the Republic of Austria supplementary to the Hague Convention of 1 March 1954 on civil procedure, signed in Vienna on 27 February 1979

Convention on Legal Assistance in Civil and Family Matters, on the Recognition and Enforcement of Judgments between the Republic of France and the People’s Republic of Hungary, signed in Budapest on 31 July 1980

Convention between the Government of the Republic of France and Government of the Czechoslovak Socialist Republic on Legal Assistance and the Recognition and Enforcement of Judgments in Civil, Family and Commercial Matters, signed on 10 May 1984

Convention on Legal Assistance in Civil Matters between the Government of the Republic of France and the Government of the People’s Republic of Bulgaria, signed in Sofia on 18 January 1989

Last update: 04/11/2022

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