Cour de cassation 1ère Chambre civile; 2023-01-11; 1ère Civ., 11 janvier 2023, pourvoi n°21-21.168
Decision by national courts in the field of European Union law — ECLI:FR:CCASS:2023:C100073
Date: 2023-01-11
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: France

82023FR0111(51)_ENG_SUMJURE
JURE summary
JURE summary
On November 14, 2002, the Office des poursuites du district de Lausanne (Lausanne District Debt Enforcement Office) issued a Certificate of Shortfall against Mr [C] (hereinafter ‘the defendant’), at the request of Mrs [S] (hereinafter ‘the plaintiff’).
The French Cour de cassation (hereinafter ‘the Supreme Court’) rendered a first judgment, by which the case was remitted to the Cour d'appel d'Aix-en-Provenance (hereinafter ‘the Court of Appeal’). The latter issued a second appellate judgment, which the defendant is appealing.
The defendant invokes Article 47 of the Lugano Convention (1), which makes exequatur conditional on the service of the decision under the law of the State of origin, and which should be evidenced by a document establishing such service. The defendant argues that the decision whose exequatur is sought in this case was not served to him.
The Supreme Court rejected this argument, holding that the formality had been correctly observed by sending a copy of the Certificate of Shortfall, as required by Swiss federal law.
The second argument examined by the Supreme Court complains that the Court of Appeal applied the Swiss statute of limitations, whereas Article 3 of the Code civil (2) subjects a foreign decision whose exequatur is requested to the statute of limitations of French law.
The Supreme Court rejected this argument, holding that the exequatur action is not subject to any statute of limitations. It points out that, conversely, the rules of limitation of the State of origin are likely to affect the enforceability of the judgment and, consequently, the legal standing of the applicant for exequatur; and those of the requested State are likely to affect the forced execution of the judgment declared enforceable.
(1) Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Done at Lugano on 16 September 1988.
(2) Code civil (French Civil Code).