France became a signatory to the Hague Service Convention on January 12, 1967, and its provisions entered into force on September 1, 1972.
Accordingly, in order to serve process in the France, as per the US Supreme Court, service must be pursuant to the Hague Service Convention.
Service of process in France is quite straightforward. Generally speaking, there are two potential avenues for effecting service: via the French Central Authority or via a huissier de justice (court bailiff).
If you need to serve process in Germany please fill out an LLS online inquiry form and we will contact you directly.
Serving Process in France from the US
Although the French Central Authority is functional, LLS recommends direct service via a huissier de justice.
Not only is this method much quicker than service via the Central Authority, but it is nearly as cost effective and equally recognizable in US causes of action.
Be advised, huissiers each cover a specific jurisdictional area, so great care must be taken in selecting the proper bailiff.
Our relationships within the huissiers’ network allows us to select the most capable officers for assistance.
Please call us at (913) 341-3167 to discuss your particular needs. (Calling from outside the US? Add 001 before dialing our US area code.)
Serving Process in France from Canada
Canadian attorneys should consult provincial precedent.
In general, Canadian courts take a more nuanced view of the Hague Service Convention than US courts, but effectively reach the same conclusion: i.e. its limitations must be observed.
Regardless of forum court requirements, the service rules of the receiving country must be observed, or enforcement of a judgment may become impossible.
Serving Process in French Overseas Departments and Territories
In the absence of a declaration to the contrary, France has asserted that the Hague Service Convention applies to the entire territory of the French Republic.
Consequently, in addition to Metropolitan France and its Overseas Departments (French Guyana, Guadeloupe, Reunion and Martinique), France has extended the Hague Service Convention to all other French overseas territories.
France requires an official translation into French of all documents to be formally served (that is, served by compulsion) pursuant to Article 5.1 or Article 10(b).
Translation is not mandatory for service under Article 5.2 (voluntary service) or Article 10(a) (mail service); however, note that voluntary service is rarely successful and mail service is not recommended.
Even beyond France’s legal requirements, two issues make translation necessary in all but the rarest of cases:
(1) Recipients have the right under French rules of civil procedure and under EU law to refuse any service not presented with a French translation (regardless of their understanding of the original language); and
(2) the language of the documents must reasonably be understood by the defendant in order to fulfill US Due Process requirements (in particular, for documents served upon a recipient who speaks neither English nor French, translation into a third language may be necessary).
US practitioners should explore this issue with our legal staff.
The only official language of France is French.
Although minority languages and dialects are also spoken within the nation and recognized to varying degrees by the French government, none have official status.
Article 10(a)
France does not object to mail service.
However, mail service pursuant to the Hague Service Convention is fraught with issues. Such issues include the need to have it executed in accordance with the forum court and destination country’s local rules.
Article 10(b)
France likewise does not object to service by judicial officer. The judicial officer is the bailiff (huissier de justice) of the court of first instance in whose jurisdiction the defendant is domiciled.
Please note that “judicial officer,” “official,” or “competent person” are terms defined under the laws of the destination state, not under the laws of the requesting state.
Also note that direct service through a huissier should not taint later enforcement of a US judgment in France, although such enforcement is never guaranteed.
Article 10(c)
France does not object to service under Article 10(c).
However, in France, only huissiers are empowered to serve process pursuant to Article 10. French attorneys, detectives, and private individuals are not so empowered, so service effected by such persons is improper.
Accordingly, Article 10(c) service is thus inoperative, despite the lack of France’s objection thereto.
LLS can assist you with service and can help you understand and meet the translation requirements for service of process in France. Please call (913) 341-3167 or submit an online inquiry for more information.
(Calling from outside the US? Add 001 before dialing our US area code.)
