From Injonction de Payer to Italian Enforcement: A Route for French Creditors

Your French title already travels

France and Italy are both bound by Regulation (EU) No. 1215/2012 (Brussels I bis). A judgment given by a French court is recognised in Italy without any special procedure (Article 36) and is enforceable in Italy without any declaration of enforceability (Article 39).

This applies not only to ordinary judgments but, where the relevant conditions are satisfied, to other enforceable French judicial titles — including an injonction de payer that has become enforceable in France.

For French exporters who already hold an enforceable title against an Italian customer, the Italian phase is therefore not a new trial: it is the enforcement in Italy of a title already obtained in France.

The key documents

Under Article 42 of the Regulation, enforcement in Italy requires:

• 01A copy of the French decision satisfying the conditions necessary to establish its authenticity.
• 02The certificate issued by the French court under Article 53 of the Regulation, certifying that the decision is enforceable and containing the information required by the Regulation.

The enforcement authority may, where necessary, require a translation of the certificate. A translation of the judgment itself may be required only where the authority cannot proceed without it.

Where the French title is an injonction de payer, particular attention must be paid to its service on the debtor, the expiry of the opposition period and the evidence that the order has become enforceable.

Enforcement in Italy

Once the French decision and the Article 53 certificate are available, enforcement is conducted in accordance with Italian procedural law.

Depending on the debtor's assets, this may include:

• 01Garnishment of bank accounts and receivables owed by third parties (pignoramento presso terzi)
• 02Seizure of movable assets
• 03Enforcement against real estate

The Article 53 certificate must be served on the debtor before the first enforcement measure, in accordance with the Regulation.

The practical timeline depends less on the cross-border recognition formalities than on the information available about the debtor's assets in Italy — which is why asset and debtor checks should be carried out before enforcement begins.

The debtor's possible defences

The debtor may apply for refusal of recognition or enforcement only on the limited grounds provided by Article 45 of Brussels I bis, including public policy, defective service in default proceedings and irreconcilable judgments.

The merits of the French decision cannot be re-examined by the Italian enforcement court.

If you do not have a French title yet

Where no French decision exists, other routes may be available and should be compared before proceedings are commenced:

• 01The European Order for Payment (Regulation (EC) No. 1896/2006), for qualifying cross-border pecuniary claims.
• 02The European Small Claims Procedure (Regulation (EC) No. 861/2007), for qualifying cross-border claims not exceeding EUR 5,000.
• 03The Italian decreto ingiuntivo, where the documentary evidence is strong and a directly Italian title — including the possibility of provisional enforceability in appropriate cases — is preferable.

The choice depends on the evidence, the amount of the claim, the location of the debtor's assets and the foreseeable conduct of the debtor.

Practical checklist for French creditors

• 01The enforceable copy of the French decision (jugement or injonction de payer that has become enforceable).
• 02The Article 53 certificate issued by the French court.
• 03The underlying contract, purchase orders and invoices.
• 04Evidence concerning service of the French proceedings and decision, where relevant.
• 05Correspondence, in particular any acknowledgement of the debt.
• 06Updated information identifying the Italian debtor, including a visura camerale where the debtor is an Italian company.

How our Foreign Desk approaches French files

We verify the enforceability documentation, obtain updated information concerning the Italian debtor and investigate the assets available for enforcement through the relevant Italian public and official registers and databases.

Where no French title exists, we compare the available European procedures with the Italian decreto ingiuntivo and recommend the route that best fits the file.

Where an enforceable French title already exists, our focus is on making that title effective against assets located in Italy.