Standard procedure

Recognition of a French judgment in Switzerland (exequatur)

Step-by-step procedure to have a French judgment (divorce, custody, maintenance) recognised and made enforceable in Switzerland — Lugano Convention art. 31 ss CL and PILA art. 25-31.

Total duration: ~4 months

Procedure steps

  1. 01

    Obtain the decision and the enforceability formula

    Request from the registry of the French court that rendered the judgment: (1) an enforceable copy bearing the formula exécutoire, (2) the certificate provided for in art. 53 and Annex I of the Lugano Convention (the 'Lugano certificate'), (3) a non-appeal certificate or proof that the appeal deadlines have elapsed.

    • Duration: ~15 days
    • Cost: CHF 0
    • Authority: Registry of the French court that ruled
  2. 02

    Translate if the decision is not in French

    In Geneva, French is the official language: no translation needed for a French decision. For a German or Italian decision from another canton or State, a sworn translation is required.

    • Duration: ~10 days
    • Cost: CHF 300
    • Authority: Sworn translator
  3. 03

    File the exequatur petition

    File at the Geneva Court of First Instance a petition based on art. 38 ss LUG (Lugano) or, failing that, on art. 25 ss PILA. Attach the Lugano certificate, the enforceable copy, proof of final and enforceable character. Court fee payable at the registry.

    • Duration: ~5 days
    • Cost: CHF 800
    • Authority: Court of First Instance — Civil Chamber, Geneva
  4. 04

    Service on the opposing party

    The court serves the petition on the party subject to enforcement. Opposition deadline: 30 days if the party is domiciled in Switzerland, 60 days if abroad (art. 43 al. 5 LUG).

    • Duration: ~2 months
    • Authority: Court of First Instance
  5. 05

    First-instance exequatur decision

    Absent admissible grounds for opposition (irregularity, violation of Swiss public policy, defective service of the original proceedings), the court grants exequatur. The decision is rendered on the file, without an oral hearing as a rule.

    • Duration: ~1 months
    • Authority: Court of First Instance
  6. 06

    Possible appeal

    The exequatur decision can be appealed to the Cour de justice (Civil Chamber) within 30 days. After that, the decision becomes final and the path to enforcement is open (LP proceedings for monetary claims; coercive measures for custody / visitation rights).

    • Duration: ~1 months
    • Authority: Cour de justice — Civil Chamber

Legal basis

When does the Lugano procedure apply?

The Lugano Convention of 30 October 2007 governs recognition and enforcement of decisions in civil and commercial matters between Switzerland and the EU States (including France). It excludes :

For divorce stricto sensu, the PILA applies (art. 65 PILA for foreign divorces). For maintenance stemming from a divorce, however, the Lugano Convention applies in full.

Special cases

Post-Brexit UK decisions. Since 1 January 2021, UK judgments no longer benefit from the Lugano Convention. Recognition now passes through the ordinary exequatur procedure under art. 25 ss PILA, more demanding in evidence and timeline.

Decisions from non-EU/EFTA States. Standard PILA exequatur procedure; rigorous review of the indirect jurisdiction of the foreign court (art. 26 PILA) and of conformity with Swiss public policy (art. 27 PILA).

Frequently asked questions

How long does a Lugano exequatur procedure take in Geneva?

On average 3 to 6 months between filing the petition with the Court of First Instance and the final decision, subject to opposition. The opposition period is 30 days (60 days if the opposing party is foreign-domiciled), and an appeal to the Cour de justice adds another 1 to 3 months if exercised.

Is the Lugano certificate always required?

Yes, for any EU/EFTA decision covered by the Lugano Convention (civil and commercial matters). The standardised certificate at art. 53 and Annex I LUG is issued by the registry of the originating court. Without it, the exequatur petition is generally refused for missing documents.

Can a UK judgment still be recognised under Lugano after Brexit?

No. Since 1 January 2021, the United Kingdom is no longer a party to the Lugano Convention. UK judgments now go through the ordinary PILA exequatur procedure (arts. 25-31), more demanding in evidence and timelines. The UK has applied to rejoin Lugano; the application is still under EU consideration.

Does the Swiss judge re-examine the merits of the foreign decision?

No. The révision au fond is prohibited. The Swiss judge verifies only the indirect jurisdiction of the foreign court (art. 26 PILA), respect for the right to be heard, proper service, and compatibility with Swiss public policy (art. 27 PILA).

This procedure overview is provided for information only and does not replace individual legal advice.

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