Answer ... According to Section 723 II sentence 2 of the Code of Civil Procedure, in connection with Section 328 of the code, recognition and enforcement of a foreign judgment is excluded if:
- The foreign court was not internationally competent to decide the dispute (Section 328 I No 1 of the Code of Civil Procedure). The German courts must ascertain this requirement ex officio. The requirement is fulfilled if the foreign court would have jurisdiction to hear the matter had it applied German procedural law.
- The defendant could not properly defend its case as it was not duly and/or timely notified of the foreign court proceedings brought against it (Section 328 I No 2 of the Code of Civil Procedure). The defendant must invoke the fact that it was not duly and/or timely notified in the enforcement proceedings.
- The foreign judgment is irreconcilable with a German or earlier foreign judgment between the same parties dealing with the same subject matter in dispute (Sect 328 I No 3 of the Code of Civil Procedure).
- Enforcement violates German public policy (Section 328 I No 4 of the Code of Civil Procedure).
- Reciprocity is not granted by the state in which the foreign judgment was rendered. A German court must assess the actual recognition and enforcement practices of the foreign state vis-á-vis judgments issued in Germany under similar circumstances (Section 328 I No 5 of the Code of Civil Procedure). However, even if reciprocity is not guaranteed, the judgment can be recognised and enforced if it concerns a non-pecuniary claim and if, under German law, the German courts would not have had jurisdiction (Section 328 II of the Code of Civil Procedure).
The grounds for refusal listed in Section 328 I of the Code of Civil Procedure are exhaustive.
Answer ... See question 2.4.
Answer ... No answer submitted for this question.