Comparative Guides

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4. Results: Answers
Enforcement of Foreign Judgments
Tips and traps
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

Answer ... Judgments usually exceed a value of €5,000. In such cases the regional courts (Landgerichte) are competent to decide on enforcement of the foreign judgment. Under German law, clients must be represented by counsel in proceedings before the regional courts. Therefore, foreign judgment creditors must retain counsel.

Contrary to the general rule that court fees depend on the amount of the dispute, court costs for exequatur proceedings amount to just €240. However, the fees of counsel may well be higher, as they are often based on pre-agreed hourly rates. Unlike in other jurisdictions, contingency fees are prohibited under German law.

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