Enforcing Foreign Judgments in Tunisia (Exequatur): Procedure, Conditions & Enforcement

Direct Answer: How are foreign court judgments enforced in Tunisia?

Foreign judgments, whether civil, commercial or family rulings from France, Canada, Germany, Belgium or the Gulf states, cannot be directly executed in Tunisia without undergoing the exequatur procedure before the Court of First Instance of Tunis pursuant to Articles 11 et seq. of the Tunisian Private International Law Code (CDIP). The Tunisian judge does not re-examine the merits: the court verifies that the foreign court had jurisdiction, that the defendant was properly summoned and able to defend, that the decision is final, that it complies with Tunisian international public policy, and that no identical proceedings are pending or decided between the same parties in Tunisia. The application requires an authentic copy of the judgment, a certificate of non-appeal, proof of service on the defendant and a certified Arabic translation where needed. Once the executory formula is granted, Maître Nabil Baffoun, judicial bailiff (huissier de justice), serves the executory command and levies bank garnishments and asset seizures.

Exequatur at a glance