Serving a claim or court documents abroad: which translation?
By Keran Chaussard, administrator of the Directory of Sworn Translators of France — updated on
A claim form (assignation), summons, written submissions or a judgment intended for a person living abroad must, in practice, be accompanied by a translation. Within the European Union, Regulation (EU) 2020/1784 allows the addressee to refuse the document, at the time of service or within two weeks, if it is not written in or translated into a language they understand or the official language of the place of service (Article 12). Outside the Union, the Hague Convention of 15 November 1965 allows the requested State to require a translation into its official language.
A document refused for lack of translation costs weeks and may jeopardise a procedural time limit. The translation is entrusted to a court-appointed expert translator, into the official language of the place of service rather than a language the addressee is assumed to understand.
Which documents are concerned?
- Documents instituting proceedings: claim form, application, summons before a civil, commercial, employment or criminal court
- documents during proceedings: written submissions, notices to appear, orders, formal notices
- decisions: judgments and appeal rulings to be served so that appeal periods start running or enforcement becomes possible
- extrajudicial documents: formal demand, demand for payment, notice to quit, notification of an assignment of debt
Attached exhibits do not always need translating in full, but the document itself, and whatever enables the addressee to understand what is alleged and the time limits for responding, must be.
Service in another EU country
Regulation (EU) 2020/1784, applicable since 1 July 2022 in every Member State except Denmark, governs the transmission of judicial and extrajudicial documents in civil and commercial matters. In France, transmission normally goes through a commissaire de justice (judicial officer), who sends it to the receiving agency in the State of destination.
The Regulation does not require the document to be translated. But its Article 12 gives the addressee the right to refuse it if it is not written in, or accompanied by a translation into:
- a language they understand
- or the official language, or one of the official languages, of the place of service
The addressee is informed of this right by a standard form (Form L) attached to the document. They may refuse at the time of service, or by returning that form or a written declaration within two weeks. If the refusal is justified, service can be remedied by serving the document together with a translation, which costs time and may threaten a limitation or appeal period.
“A language they understand” is assessed case by case and is a source of disputes. To secure the procedure, the prudent rule is to translate into the official language of the place of service, which cannot be challenged.
Service outside the European Union
With a country party to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents, the document is sent to the central authority of the requested State. That authority may require the document to be written in or translated into its official language (Article 5). Other channels (postal, consular, direct between judicial officers) are possible if the State of destination has not objected to them.
With a country not bound to France by any convention, service goes through diplomatic or consular channels; a translation into the country’s language is almost always required. A bilateral agreement may lay down its own rules.
Under French law, international service is governed by the Code of Civil Procedure (Articles 683 et seq.). The judicial officer handling service indicates the applicable channel and the language requirements.
Who translates, and to what standard?
The translation is entrusted to a court-appointed expert translator registered on a French court of appeal’s list. It must be:
- complete: the whole document, including mandatory statements, time limits, avenues of appeal and information on appearance
- accurate on procedural terms: “assignation”, “constitution d’avocat”, “jugement réputé contradictoire” or “signification à partie” do not always have a direct equivalent and must be rendered in a way a foreign litigant can understand
- consistent with the exhibits: names, addresses, amounts and dates identical to the original
- delivered on time so that the judicial officer can transmit the document within the time limits
For a large volume of documents or a rare language, plan ahead: the hearing date or limitation period will not move.
The other way round: you receive an untranslated foreign document
If you live in France and receive from another EU country a document written in a language you do not understand, without a French translation, you can refuse it under Article 12 of Regulation 2020/1784, at the time of service or within two weeks, using Form L. Do not let that period lapse, and consult a lawyer: the response period set by the document keeps running.
Common mistakes
- Serving without a translation on the assumption that the addressee understands French.
- Translating into an “understood” language rather than the official language of the place of service, at the risk of a disputed refusal.
- Translating the document but not the form or the statements on time limits.
- Ordering the translation too late, with no margin for international transmission.
- Using an uncertified translation, which the other party can challenge.
Finding a translator for service abroad
The Directory of Sworn Translators of France lets you search for a court-appointed expert translator by language, département, region and court of appeal. For an urgent document, a large volume or a rare language, the express file submission service lets you entrust the request to the Directory, which passes it to an expert used to procedural documents, stating the country of service and the deadline.
Frequently asked questions
- Does a claim served abroad need translating?
- In practice, yes. Within the EU, the addressee can refuse a document that is neither in a language they understand nor in the official language of the place of service; outside the EU, the requested State may require a translation.
- Into which language should the document be translated?
- Preferably the official language of the place of service: it is the only one that cannot be challenged.
- How long does the addressee have to refuse an untranslated document?
- Within the EU, they may refuse at the time of service or within two weeks, by returning Form L or a written declaration (Article 12 of Regulation 2020/1784).
- What happens if the document is refused?
- If the refusal is justified, the document must be served again with a translation, which delays the proceedings and may threaten a time limit.
- Who should translate a procedural document?
- A court-appointed expert translator, whose translation cannot be challenged on its origin.
- Which convention applies outside the European Union?
- The Hague Convention of 15 November 1965 if the country is a party, otherwise a bilateral agreement or diplomatic channels.
Sources
- Regulation (EU) 2020/1784 of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, Article 12
- European e-Justice Portal, Form L: information to the addressee about the right to refuse to accept a document
- Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Articles 5 and 10
- French Code of Civil Procedure, Articles 683 et seq. (international service of documents)
- Law No. 71-498 of 29 June 1971 and Decree No. 2004-1463 of 23 December 2004 on court-appointed experts

