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Enforcement of foreign judgments in Germany

Enforcement of foreign judgments in Germany

Enforcement of EU judgments in Germany

This section relates to enforcement of judgments and orders obtained in an EU member state states in Germany. Commonly a Creditor’s lawyers will obtain a European Enforcement Order which is an Order under European Council Regulation (EC) 805/2004 creating a European Enforcement Order for uncontested claims.

  1. The lawyer obtains n the European Enforcement Order Certificate from the competent court.
  2. The requirements are:
    1. An authenticated copy of the judgment of the foreign Court.
    2. If the judgment of the foreign Court is not in German an authenticated translation.
    3. An original of the European Enforcement Certificate.
    4. If the European Enforcement Order Certificate is not in German and authenticated translation thereof.
    5. Court fee.

Enforcement of foreign judgments from non-EU-member states in Germany

This section relates to enforcement of judgments and orders from non-EU-member states in Germany. Usually the judgments in question are for money especially as it is desired to enforce by execution, but similar provisions can apply to a non-money judgment.The procedure depends upon whether there is in force a European Enforcement Order or not.

  1. In the absence of a European Enforcement Order enforcement is dealt with under what is known as “the Judgments Regulation” which is the European Council Regulation (EC) number 44/2001 of 22nd December 2000.
  2. Application has to be made to the competent court in Germany for registration of the EEC judgment. This application is made without notice to the Defendant and attracts a fee.
  3. The application has to be supported by a witness statement exhibiting:
    1. The foreign EEC judgment or order for enforcement, or an authenticated copy.
    2. Where the judgment is not written in German a translation into German certified by a notary public or other qualified person and accompanied by written evidence confirming that the translation is accurate is also required.
  4. The application where it relates to enforcement of a money judgment must state:
    1. the name of the Judgment Creditor and his address for service within Germany.
    2. the name of the Judgment Debtor and his address or place of business if known.
    3. the amount in respect of which the judgment is unsatisfied.
    4. that the court has not suspended enforcement of the judgment.
  5. The application will be considered by a judge of the court, and assuming permission is granted to register the judgment the Registration Order, which must be in a special form, must be served on every person against whom the judgment was given.
  6. The Registration Order must state the right of the Judgment Debtor to apply within 28 days from service of the Order for the variation or cancellation of the Registration Order.
  7. No steps may be taken to enforce the judgment before the end of the 28 day period or, where an application is made, until it has been determined.

The authentification of documents generally relates to them being issued or certified by the Court or other suitably empowered authority for that purpose in the country from which the document emanates.

 

Monique BOCKLAGE
Monique BOCKLAGE
Monique Bocklage is qualified Attorney/Solicitor in Germany and United Kingdom. She is admitted to the German Bar (2003) and to the Bar of England and Wales (2004). She holds a Diploma in International Mergers & Acquisitions. In 2012 she was certified by TÜV Cologne as Compliance Officer. In 2016 Monique was admitted to the roll of accredited Specialist Attorneys in International Commercial Laws. The accredited title is issued by the German Bar Association only to those attorneys at law, who have successfully absolved the exam for specialisation in the respective area of law, and who have proven extensive professional experience and expertise in their area of specialisation. Monique is specialised in the consultation of foreign companies in Germany and United Kingdom, which export to and are active in Germany, United Kingdom and European Union. Due to the numerous companies we advise, who export goods to and are active within the European Union, we have been able to gather valuable and extensive experience, which we always incorporate into our legal counsel. Honorary appointments: legal advisor at Public Advisors Bureau of Hanseatic City of Hamburg.Monique speaks German and English.Member of Hanseatischen Rechtsanwaltskammer Hamburg and Law Society London