Comparative Guides

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4. Results: Answers
Enforcement of Foreign Judgments
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
Germany

Answer ... Prior to selecting a specific enforcement measure, the judgment creditor must officially serve the judgment debtor with a copy of the judgment certifying its enforceability. The enforcement measures available to a judgment creditor under German law depend on the nature of the judgment and the nature of the assets of the judgment debtor in Germany. They comprise the following:

  • seizure of the judgment debtor’s movable assets by a bailiff (Sections 803 et seqq. of the Code of Civil Procedure);
  • seizure of claims/bank accounts by way of court order (Sections 828 et seqq. of the Code of Civil Procedure);
  • seizure of the judgment debtor’s immovable assets by way of foreclosure, registration of a force mortgage or compulsory administration (Section 866 I of the Code of Civil Procedure); and
  • measures to obtain restitution of specific things and to forcibly induce certain actions or omissions (Sections 883 et seqq. of the Code of Civil Procedure).

For more information about this answer please contact: Catrice Gayer from Herbert Smith Freehills Germany LLP
7.2
Can the foreign judgment be enforced against third parties?
Germany

Answer ... In principle, the question of whether a third party is bound by a judgment is governed by the law of the foreign country whose court issued the judgment. A foreign judgment’s binding legal effect against third parties will typically be recognised in Germany if the third party is, for example, the legal successor of the party to the foreign judgment.

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