Legal news

On the exequatur in France of decisions of Russian arbitration (commercial) courts in bankruptcy cases

Introduction (General Provisions)

The recognition and enforcement in France of decisions rendered by Russian arbitral (commercial) courts within the framework of bankruptcy proceedings fall under the scope of private international law and are governed by the rules of French law in the absence of an international treaty.

There is no bilateral agreement between France and the Russian Federation regarding the mutual recognition and enforcement of judicial decisions. Consequently, the general law (droit commun) of France applies.

In accordance with Article 509 of the French Code of Civil Procedure, foreign judicial decisions cannot produce legal effects on French territory without first undergoing the exequatur procedure.

This principle is confirmed by judicial practice, notably by the Munzer (Cass. civ. 1re, 7 January 1964) and Cornelissen (Cass. civ. 1re, 20 February 2007) rulings, according to which the French court exercises limited review, verifying three conditions: the jurisdiction of the foreign court, compliance with French international public policy (ordre public), and the absence of fraud.

Furthermore, Article L111-3 2° of the Code of Civil Enforcement Procedures provides that foreign judicial decisions may only acquire executive force in France after being recognized as such by a court (Tribunal judiciaire de Rouen, 14 January 2026, n° 25/04425).

First and foremost, exequatur is mandatory for any bankruptcy decisions rendered outside the European Union. Without it, such decisions have no legal force in France. This means that the debtor continues to be considered solvent (in bonis), their assets are not considered divested from their disposal (dessaisissement), and creditors retain the right of individual enforcement on French territory, even if they have filed their claims in the foreign proceeding (Cass. 1re civ., 28 March 2012, n° 11-10.639). Moreover, a bankruptcy trustee appointed in a foreign proceeding is not entitled to carry out enforcement actions in France without obtaining exequatur (v. not. doctrine and practice of international bankruptcies).

Three Conditions for Obtaining Exequatur

To obtain exequatur, three main conditions must be met:

1. Jurisdiction of the Foreign Court: First, the foreign court must be competent from the perspective of French private international law. In bankruptcy cases, this criterion is usually the Center of Main Interests (COMI) of the debtor or their place of residence/location. The procedure must be opened in Russia against a debtor whose main economic interests are linked to the territory of the Russian Federation, which allows for the recognition of the jurisdiction of the Russian court.
2. Compliance with International Public Policy: Second, the decision must comply with the international public policy of France. This includes, above all, respect for the rights of defense:

• Parties must be properly notified of the process;
• Parties must have the opportunity to present their arguments;
• Parties must have access to judicial remedies.

French judicial practice in the field of bankruptcy adheres to a flexible approach to the concept of public policy (Cass. com., 18 January 2000; Cass. com., 5 February 2002). The procedure conducted by Russian courts must be adversarial in nature, while the parties had the opportunity to participate in the case and appeal judicial acts. In practice, there are cases of refusal of exequatur due to the violation of these rights (Cour d’appel de Chambéry, 10 July 2025, n° 22/01725).

3. Absence of Fraud: Third, there must be an absence of fraud (fraude à la loi). Exequatur cannot be granted if the decision was obtained for the purpose of circumventing the law or prejudicing the rights of creditors. There must be no signs of abuse of right or a fictitious transfer of the procedure to a foreign jurisdiction.

The Question of the Status of the Financial Manager in Russian Bankruptcy Proceedings

The status of the financial manager (finansovyy upravlyayushchiy) in Russian bankruptcy proceedings deserves separate attention.

In accordance with Federal Law No. 127-FZ of October 26, 2002, “On Insolvency (Bankruptcy),” a financial manager is appointed by an arbitral court and exercises their powers from the moment of confirmation until the completion of the asset realization procedure or the termination of the proceedings.

Their powers are not limited by a fixed term, but are directly linked to the duration of the procedure. At the same time, they may be relieved of their duties or removed by the court in cases provided for by law (Art. 213.9 of the Federal Law “On Insolvency (Bankruptcy),” in conjunction with Art. 83 of the law). Powers also terminate upon completion of the bankruptcy procedure, including the full satisfaction of creditors’ claims.

The issue of the application of the foreign bankruptcy law (lex concursus) is also of particular importance. French law allows its application, but only after the recognition of the foreign bankruptcy decision (v. not. CA Chambéry, 10 July 2025, cited above). Until that moment, the consequences of the foreign procedure do not take effect on French territory.

Finally, international agreements may simplify the recognition procedure (for example, Convention franco-tunisienne of 28 June 1972; Convention franco-serbe of 18 May 1971), however, in the relations between France and Russia, such agreements are absent (Tribunal judiciaire d’Évry-Courcouronnes, 24 March 2026, n° 24/07019; Tribunal judiciaire de Bobigny, 15 July 2025, n° 23/11900).

Conclusion

Thus, decisions of Russian arbitral courts in bankruptcy cases can be recognized and enforced in France provided that exequatur requirements are met. Until it is obtained, such decisions have no legal force on French territory and do not generate consequences related to the bankruptcy procedure, including the restriction of the debtor’s rights or the powers of the manager. After receiving the exequatur, the decision acquires executive force, allowing the foreign manager to act in France in the interests of creditors within the limits permitted by French law.

Cabinet BRAHIN Avocats
Fedor IlIN
Master’s Degree in Business Law
Specialization in Transport and Aviation Law
Université Toulouse 1 Capitole
Email : fedor.ilin@brahin-avocats.com
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
www.brahin-avocats.com

Activity Bonus: Are You Eligible?

The activity bonus is a social benefit designed to supplement the income of workers with modest resources.

Its main objective is to encourage employment or a return to work, while supporting the purchasing power of working individuals, whether employees or self-employed.

1. What changes as of April 1, 2026

A significant reform of the activity bonus comes into force on April 1, 2026.

This update is expected to benefit nearly three million households, with an average gain estimated at €50 per month.

On the same date, the basic monthly lump sum for a single person is increased to €638.28 (pursuant to Decree No. 2026-222 of March 30, 2026).

2. Who is eligible?

To qualify for this benefit, several cumulative criteria must be met:

• Age and activity: You must be at least 18 years old and engaged in a professional activity or receiving compensation under partial or technical unemployment schemes.
• Residence: You must reside in France on a stable basis, i.e., at least nine months per year.
• Nationality: You must be a French national, a citizen of the European Economic Area, Switzerland, or hold a valid residence permit for at least five years.
• Specific situations: Workers temporarily posted in France are not eligible.

In addition, individuals on parental leave, sabbatical leave, or unpaid leave are generally not eligible, unless they also receive professional income.

Students and apprentices: They may also be eligible provided they are solely responsible for one or more children, or receive a net monthly social income from work exceeding €1,117.26.

3. Calculation of the amount

The amount of the bonus is personalized and calculated according to a formula that takes into account household composition, all resources of household members, social benefits received, and housing situation.

The basic lump sum (€638.28) is increased depending on family composition:

• +50% for the first additional person.
• +30% for each subsequent additional person.
• Specific increases apply to single parents (128.412% of the base amount) and for each dependent child.

There is also an individual bonus for each working member of the household whose average monthly professional income exceeds €709.18.

Please note that the activity bonus is not subject to income tax.

4. How to apply?

Applications can be made via an online service or by submitting a form to the Caisse d’allocations familiales (CAF) or the Mutualité sociale agricole (MSA).

Once the application is approved, the benefit is paid monthly for a period of three months.

The amount remains fixed during this quarter, regardless of changes in income.

Procedures have now been simplified thanks to the pre-filling of quarterly income declarations, based on data provided by employers.

Beneficiaries simply need to check and validate this information each quarter.

Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com

Income Tax: The 2026 Filing Calendar

While online filing has become the norm, the tax administration maintains a paper option for taxpayers who are unable to use digital tools.

Here is a practical guide to fulfilling your tax obligations in the traditional way in 2026.

1. A single deadline: May 19, 2026

Unlike the online schedule, which varies depending on the department, the deadline for submitting a paper return is the same for everyone.

You have until Tuesday, May 19, 2026, at 11:59 PM to send your form.

The postmark from La Poste serves as proof that you have met this deadline.

Online filing deadlines for the three zones

Who is entitled to file in paper format?

Although online filing has been mandatory since 2019, you may derogate from this rule in two specific cases:

• If your principal residence is not equipped with internet access.
• If your home has internet access but you are unable to complete your return online (for example, due to technical difficulties or lack of familiarity with the tool).

Taxpayers who already filed on paper in 2025 will receive their blank forms by post between March 27 and April 17, 2026.

2. Receiving your tax assessment by post

From 2026 onwards, the default rule is the electronic delivery of tax assessments.

However, receiving a paper notice remains an available option.

If you retain this method, your notice will arrive in your mailbox between July 23 and August 28, 2026, depending on whether you are taxable or not.

3. Refunds and payments: how does it work?

Even without an online account, transactions remain secure:

• Refund: If the administration has your bank details, you will receive a transfer at the end of July. Otherwise, a cheque will be sent to you by post.
• Balance due: If you owe money, the amount will be automatically debited from your bank account on September 25, 2026 (for amounts under €300), or spread over four months (from September to December) for higher amounts.

Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com

Introduction

Everything you need to know about the tax relief for employing a domestic worker

Do you employ someone to work in your home?

Your expenses may entitle you to a tax credit. Under what conditions can you benefit from it? Which activities are eligible? What is the amount of this tax advantage? We explain.

What changes in 2026?

New information must be reported this year for individuals employing someone at home.

When completing your online tax return, you must select from the different types of expenses in the dropdown menu those that apply to you and provide details (amount and recipient).

From the 2025 income tax return onwards, you must also specify:

• the type of service provider: in-home employee, association, company, or public/private organization,
• how the service is provided: direct employment, intermediary (agency), provision of staff, or service provider.

Updates

This is the key moment of the tax year. The 2026 tax campaign begins this Thursday with the opening of the 2025 income tax return service and includes several changes.

Each taxpayer has a secure account on the impots.gouv.fr website.

In 2025, nearly 90% of households filed their income online.

2026 tax return schedule

• April 9: opening of the online filing service
• May 19: deadline for paper returns
• May 21, May 28, and June 4: deadlines for online filing

Who can benefit from the tax credit?

You can benefit from the tax credit if you incur expenses for personal services.

The employee must work:

• in your primary or secondary residence,
• or in the home of an elderly relative receiving APA.

You must be a tax resident in France.

Note: You cannot benefit if the employee is part of your household.

Which activities are eligible?

• childcare at home,
• tutoring,
• meal preparation,
• assistance to elderly people,
• assistance to people with disabilities,
• cleaning and household chores,
• gardening,
• handyman work,
• IT assistance,

Which payments are eligible?

• direct payment,
• payment to an organization,
• payment to a non-profit.

What is the amount of the tax credit?

The tax credit equals 50% of expenses.

€12,000 cap (increased by €1,500):

• per child,
• per person over 65.

Maximum €15,000 (up to €18,000 in some cases).

€20,000 cap

• disability ≥ 80%
• disability pension

Specific limits

• €500 handyman
• €3,000 IT
• €5,000 gardening

Immediate tax credit advance

Since January 2022, you can receive the tax benefit immediately.

How to declare?

Declare in box 7DB.

• enter amounts,
• check information,
• specify service.

Supporting documents

• wages and contributions,
• invoices,
• certificates.

You must keep documents and provide them if requested.

Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com

Is there a provision stipulating that, after a certain number of extensions of deadlines in connection with bankruptcy proceedings, a new (final) extension can only be granted with the consent of the public prosecutor?

Bankruptcy proceedings are governed by precise rules designed to ensure their efficiency and speed. Article L. 643-9 of the Commercial Code provides that the court sets a deadline for assessing the conclusion of the proceedings, with the possibility of extending this deadline if necessary. The question concerns the number of possible extensions and the specific conditions for a final extension requiring the consent of the public prosecutor.

According to Article L. 643-9, paragraph 2, of the Commercial Code, a bankruptcy is concluded when there are no longer any due obligations, or when the trustee has sufficient funds to cover the creditors, or when the continuation of the bankruptcy proceedings becomes impossible due to insufficient assets.

Article L. 643-9, paragraph 1, of the Commercial Code states that “the judgment opening or pronouncing the bankruptcy (…) sets the deadline within which the conclusion of the proceedings must be assessed. If the conclusion cannot be pronounced before the expiry of this deadline, the court may extend the deadline by a reasoned decision.”

Although this provision aims to ensure speed, it does not specify a precise deadline by which the bankruptcy proceedings must be concluded. It therefore appears that the provision primarily aims to delimit the conduct of the proceedings by allowing the court to impose a deadline on the trustee for performing their duties; the extension of such a deadline is considered an administrative judicial measure and cannot be challenged in court.

Legal framework

Article L. 643-9 of the Commercial Code begins with a paragraph that almost reads as a principle: “In the judgment opening or pronouncing the bankruptcy, the court sets the deadline within which the conclusion of the proceedings must be assessed. If the conclusion cannot be pronounced before the expiry of this deadline, the court may extend the deadline by a reasoned decision.”

This provision, introduced by the rescue law to ensure speed, does not specify a maximum deadline for the conclusion of the proceedings. (“Clôture de la procédure,” Jocelyne Vallansan, professor extraordinary service at the Court of Cassation, Center for Private Law Research, University of Caen-Normandie).

It only requires the court to anticipate the conclusion by giving the trustee a deadline to perform their task, and the extension has been classified as an administrative judicial measure and therefore cannot be challenged in court (Court of Cassation, Commercial Chamber, July 9, 2013, No. 12 13.193).

Simplified bankruptcy procedure

Article L. 644-5 – simplified bankruptcy procedure – is a separate procedure: “The court shall conclude the bankruptcy no later than six months from the decision imposing or deciding the application of the simplified procedure, after the debtor has been heard or properly summoned. This deadline is extended to one year when the number of the debtor’s employees and their turnover excluding VAT exceeds thresholds set by decree.”

The court may, by a specially reasoned judgment, extend the procedure for a period not exceeding three months. Case law confirms the application of Article L. 643-9 regarding extensions of deadlines.

Case law

For example, in a case dealt with by the Court of Cassation on July 9, 2013, the court had originally set a deadline for assessing the conclusion of the proceedings for October 7, 2010, before it was extended to October 7, 2012, by a reasoned decision. This extension decision was considered an administrative judicial measure and cannot be challenged in court.

Similarly, the Court of Cassation clarified in a judgment of November 7, 2018, that the extension of the deadline for assessing the conclusion, made under paragraph 1 of Article L. 643-9, is an administrative judicial measure that cannot be challenged in court. By contrast, decisions rejecting a request for conclusion based on the other paragraphs of Article L. 643-9 may be appealed.

Analysis of the judgment of 05/12/2025 (Commercial Court of Aix-en-Provence)

The bankruptcy proceedings for DL GROUP (SAS) were opened by the Commercial Court of Aix-en-Provence on September 7, 2023.

As of December 5, 2025, the liquidation work had not yet been completed, and the court found that the conclusion could not be pronounced. It therefore decided to extend the deadline for assessing the conclusion of the proceedings and set a new court date for December 4, 2026. The same date was set for the submission of the creditors’ claims list to ensure that all affected parties were taken into account.

This extension is based on Article L. 643-9 of the Commercial Code, which allows the court to extend the assessment deadline when the conclusion cannot take place within the originally set deadline.

Each extension must be reasoned and constitutes an administrative judicial measure, which cannot be challenged in court.

The duration of the extension of almost one year indicates that this is an ordinary bankruptcy, not a simplified procedure, where the deadlines are significantly shorter.

Conclusion

Under Article L. 643-9 of the Commercial Code, the court has the authority to extend the deadline for assessing the conclusion of a bankruptcy procedure by a reasoned decision when the conclusion cannot take place by the expiry of the originally set deadline.

This extension constitutes an administrative judicial measure and cannot be challenged in court. The duration of the extension is not legally limited but must be justified by specific circumstances, such as:

• the presence of pending lawsuits that may affect the company’s obligations;
• insufficient assets to cover creditors;
• or other difficulties preventing an immediate conclusion of the proceedings.

Case law confirms these principles and provides concrete examples of their application. Neither Article L. 643-9 nor case law sets a maximum number of extensions. The law only requires that each extension be justified, meaning that the trustee must document the necessity of extending the proceedings.

Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com

Regulation of International Succession for EU and Non-EU Nationals

Regulation (EU) No 650/2012, applicable since 17 August 2015, governs the vast majority of international successions connected with the European Union, in order to prevent their fragmentation between several conflicting national legal systems.

In particular, it determines jurisdiction, the law applicable to the succession as a whole, the recognition and enforcement of foreign decisions, and the use of the European Certificate of Succession.

Pursuant to Article 4 of Regulation (EU) No 650/2012, the central rule is, in principle, the application of the law of the State in which the deceased had his or her habitual residence at the time of death.

According to Recitals 23 and 24 of Regulation (EU) No 650/2012, habitual residence is not defined by a purely administrative criterion, but by a set of factors — such as the centre of family life, the duration and stability of presence, social and economic ties, and the intention to settle there permanently — making it possible to identify the true centre of the deceased’s life.

Regulation (EU) No 650/2012 also provides, exceptionally, a genuine “safety valve”: even if the deceased resided in one State, the applicable law may be that of another State if it is manifestly more closely connected with the deceased.

This exception, rare but significant, may apply in cases of very recent expatriation, prolonged hospitalisation abroad, professional activity mainly carried out in a country other than the apparent domicile, or where the deceased’s economic interests were concentrated elsewhere.

Article 22 of Regulation (EU) No 650/2012 introduces a strategic mechanism known as professio juris, allowing a person to choose in advance the law that will govern his or her succession, provided that it is the law of a State whose nationality he or she possesses.

This choice ensures legal certainty in estate planning, prevents conflicts between heirs, guarantees the stability of testamentary dispositions, and avoids being subject to an unwanted foreign law — for example, a British national living in France may opt for English law so that his or her succession is governed by common law rather than by the French forced heirship regime.

According to Recitals 83 and 84, Regulation (EU) No 650/2012 does not apply to certain countries, such as the United Kingdom (post-Brexit), the United States, Switzerland, Morocco, or certain Sub-Saharan African countries that do not follow a civil law tradition.

Nevertheless, it may interact with these States through the mechanism of renvoi — where foreign law refers back to the law of an EU Member State — through their internal conflict-of-law rules, or through the application of French public policy principles.

1. Regulation of International Succession for EU Nationals

In its “community” dimension, Regulation (EU) No 650/2012 covers all civil aspects of succession, whether testate (will, succession agreement) or intestate (in the absence of a will), thereby ensuring a comprehensive and harmonised approach.

It guarantees the unity of the succession: in principle, a single law applies to all assets, movable and immovable, regardless of their location.

The primary connecting factor is the habitual residence of the deceased at the time of death, while Article 22 of Regulation (EU) No 650/2012 allows any citizen to choose the law of his or her State of nationality to govern the succession (professio juris).

The Regulation also promotes the mutual recognition of court decisions and authentic instruments, which circulate freely between Member States without complex procedures.

Finally, pursuant to Article 63 of Regulation (EU) No 650/2012, the European Certificate of Succession (ECS) creates a uniform document enabling heirs, legatees, or executors to prove their status and rights in any EU Member State.

2. Regulation of International Succession for Non-EU Nationals

Certain matters and situations remain governed by national laws or international conventions and therefore fall outside the strictly community framework of the Regulation.

Among the major material exclusions, according to Recital 10 of Regulation (EU) No 650/2012, are taxation matters, as well as customs and administrative issues, which remain entirely subject to national law for the calculation and payment of inheritance taxes.

Matrimonial property regimes are also excluded: only their liquidation is taken into account in determining the estate, while the specific rules governing marriage and marriage contracts do not fall within the scope of the Regulation.

Other areas outside its scope include civil status matters, maintenance obligations (except those arising by reason of death), trusts, and company law.

The geographical limits and international interactions of Regulation (EU) No 650/2012 demonstrate that, despite its objective of unifying succession law within the European Union, its application remains subject to exceptions related to non-participating jurisdictions, third States, and existing international conventions.

The Regulation does not apply to all EU Member States: Denmark and Ireland do not participate and are therefore not bound by its provisions.

With regard to third States, where the law of a non-EU country is designated as applicable, mechanisms such as renvoi may apply, taking into account the private international law rules of that State, unless the deceased expressly chose that law.

In matters of registers and rights in rem, the registration of property in land registers remains subject to the law of the State in which the property is located (lex rei sitae).

If a foreign right in rem does not exist in the State where the property is situated, it must be adapted to the closest equivalent right under national law.

Finally, the Regulation does not affect international conventions to which Member States were already parties at the time of its adoption, such as the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions.

Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NICE
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com