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4. Results: Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
Germany

Answer ... Under German law, the recognition of foreign judgments is governed in particular by Section 328 of the German Code of Civil Procedure (Zivilprozessordnung), while the enforcement of foreign judgments is governed by Sections 722 and 723 of the Code of Civil Procedure.

Section 328 and Sections 722 and 723 of the Code of Civil Procedure apply only to the extent that no specific instrument, such as a regulation or convention, is applicable.

For more information about this answer please contact: Catrice Gayer from Herbert Smith Freehills Germany LLP
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
Germany

Answer ... The following EU regulations apply (among others), as Germany is an EU member state and has not opted out from them or restricted their application:

  • EU Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast);
  • EU Regulation 1346/2015 on insolvency proceedings (recast);
  • EU Regulation 1896/2006 creating a European order for payment procedure;
  • EU Regulation 805/2004 creating a European enforcement order for uncontested claims; and
  • EU Regulation 655/2014 establishing a European account preservation order procedure to facilitate cross-border debt recovery in civil and commercial matters

Germany is also a signatory to the following bilateral and multilateral conventions:

  • the Lugano Convention 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
  • the Treaty of 19 July 1966 between Germany and Tunisia on legal protection, legal assistance and the recognition and enforcement of foreign judicial decisions in civil and commercial matters and on commercial arbitration;
  • the Treaty of 20 July 1977 between Germany and Israel on the mutual recognition and enforcement of judgments in civil and commercial matters; and
  • the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations 1973.

For more information about this answer please contact: Catrice Gayer from Herbert Smith Freehills Germany LLP
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
Germany

Answer ... According to Section 722 II of the Code of Civil Procedure, a foreign judgment creditor must sue at the place where the defendant is located in Germany. Alternatively, the lawsuit may be brought in the district of the court where the defendant’s assets are located (Section 23 of the Code of Civil Procedure). Subject-matter jurisdiction is assessed based on the amount in dispute in the enforcement proceedings. The district courts (Amtsgerichte) are competent (Section 23(1) of the Courts Constitution Act (Gerichtsverfassungsgesetz)), unless the amount in dispute exceeds €5,000. In the latter case, the regional courts (Landgerichte) have subject-matter jurisdiction (Section 23(1), 71 I of the Courts Constitution Act).

For more information about this answer please contact: Catrice Gayer from Herbert Smith Freehills Germany LLP
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Enforcement of Foreign Judgments