Can You Enforce a Foreign Judgment in Morocco?

Yes — but only after completing a mandatory legal procedure known as Exequatur. Under Moroccan law, a foreign judgment has no legal effect until it is recognized and authorized for enforcement by a Moroccan court. This process, called recognition and enforcement of a foreign judgment (Exequatur), is essential for any creditor seeking to collect debts or execute a ruling against assets located in Morocco. 

What Is Exequatur? 

Exequatur is a judicial procedure that allows a foreign judgment to be recognized by Moroccan courts and granted the same force as a domestic judgment. 

Without Exequatur, even a final and valid ruling from another country cannot be enforced in Morocco. 

The principle is codified in the Moroccan Civil Procedure Code, particularly in Articles 430 and 431, which clearly state that: 

A foreign judgment has no effect in Morocco until Exequatur is granted. 

The petitioner must file a formal request accompanied by specific legal documents. 

In other words, the Exequatur process acts as a gateway—the step that transforms a foreign judgment into one enforceable under Moroccan law. 

Real Case Example: A French Judgment Enforced in Morocco 

To illustrate how Exequatur works, consider a real case. 

A French court ordered a Moroccan company to pay its supplier. Despite being final in France, the judgment could not automatically be enforced in Morocco. 

The creditor had to submit an Exequatur petition before the Casablanca Commercial Court. The Moroccan judge examined several documents: 

1. The authentic copy of the French judgment. 
2. The proof of service showing that the Moroccan debtor was properly notified.
3. A certificate of no appeal or cassation from the French court registry.
4. A sworn Arabic translation of the judgment and supporting materials. 
5. After confirming that the documents were authentic, that the judgment was final, and that it did not violate Moroccan public policy, the court granted Exequatur. 

Only then could the French creditor begin enforcement proceedings—such as seizing bank accounts or assets in Morocco. 

The Legal Framework: Articles 430 and 431 of the Civil Procedure Code 

The Moroccan Civil Procedure Code provides a clear foundation for the recognition and enforcement of foreign judgments: 

Article 430: A foreign judgment cannot have effect in Morocco until Exequatur is granted.

Article 431: Describes the procedure and the documents required for recognition.

These provisions reflect Morocco’s dual commitment to international judicial cooperation and the protection of national public order. 

Required Documents for Exequatur 

When applying for Exequatur, the applicant must attach a precise set of documents. Each serves to prove the authenticity, validity, and fairness of the foreign judgment: 

Document	Purpose
Authentic copy of the judgment	Confirms the decision issued abroad.
Original service document or  equivalent	Demonstrates that the defendant was properly  notified.
Certificate of no opposition, appeal, or  cassation	Proves that the judgment is final and  enforceable.
Sworn Arabic translation	Ensures that Moroccan courts can understand  the content.

If any of these documents are missing, incomplete, or improperly translated, the request may be rejected. 

How Moroccan Judges Review Exequatur Requests 

Moroccan courts have established a consistent approach to Exequatur. The judge’s role is not to review the merits of the case or question the correctness of the foreign decision. Instead, the review focuses on: 

• Whether the documents are valid and authentic. 
• Whether the parties were properly notified. 
• Whether the foreign judgment violates Moroccan public policy (ordre public). 

If all conditions are satisfied and no contradiction exists with a domestic ruling, Exequatur is granted in a public hearing, making the judgment enforceable under Moroccan law. 

Grounds for Refusal 

• Exequatur may be refused if any of the following applies: 
• The judgment violates Moroccan public order or morals. 
• The defendant was not properly notified or lacked an opportunity to defend themselves. The judgment is not final or is still under appeal. 
• The authenticity of documents is in doubt. 
• The decision conflicts with a Moroccan court judgment on the same issue. 

These safeguards ensure the balance between international cooperation and Moroccan judicial sovereignty. 

What Happens After Exequatur Is Granted? 

Once Exequatur is approved, the foreign judgment gains the same legal authority as a Moroccan court decision. 

• This allows the creditor to begin standard enforcement procedures, such as: 
• Seizing movable or immovable property, 
• Freezing bank accounts, or 
• Collecting payments from third parties.

At this point, the Moroccan court’s role is no longer recognition but execution under the national enforcement system. 

Why Exequatur Matters for International Business 

For foreign investors, exporters, or service providers operating in Morocco, understanding Exequatur is crucial. 

Without it, any judgment obtained abroad—no matter how legitimate—has no legal weight within Moroccan borders. 

Exequatur ensures that foreign court decisions are recognized fairly, provided they respect due process and Moroccan public order. 

Practical Insights for Foreign Parties 

Always work with a Moroccan lawyer specializing in civil or commercial enforcement. Ensure all documents are authenticated and apostilled in the country of origin. Provide complete sworn translations into Arabic by a certified translator. Check whether your country has a bilateral judicial cooperation treaty with Morocco— this may simplify the procedure.

Frequently Asked Questions (FAQ) 

1. Can you enforce a foreign judgment in Morocco without Exequatur?

No. A foreign judgment has no effect in Morocco until Exequatur is granted. 

2. How long does the Exequatur process take? 

Typically, between three and six months, depending on the complexity and completeness of the application. 

3. Does the Moroccan judge review the merits of the foreign case? 

No. The judge only verifies formal validity and public policy compliance. 

4. Is reciprocity between countries required? 

Not necessarily. Moroccan courts generally focus on fairness and compliance with due process, rather than reciprocity. 

5. What happens if the foreign judgment is in French or English? 

A sworn Arabic translation is mandatory for all non-Arabic documents submitted to Moroccan courts. 

Conclusion 

Can you enforce a foreign judgment in Morocco? 

Yes — but only after completing the Exequatur procedure. 

Without this formal recognition, even a final ruling from a foreign court remains unenforceable in Morocco. 

Exequatur transforms your foreign decision into a legally binding Moroccan judgment, opening the door to asset recovery, debt collection, and execution within the country. For any company or individual involved in cross-border business or litigation, understanding and complying with Exequatur is essential for success.