Judgments | Germany | Cross-Border Enforcement Center

With which jurisdictions does this country have reciprocal arrangements for enforcement of judgments?

Brussels Regulations:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Lugano Convention 2007:

Denmark, Iceland, Norway, Switzerland

Hague Choice of Court Convention 2005:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Bilateral:

Israel, Mexico, Montenegro, Singapore, Tunisia

If there is no reciprocal arrangement, is it still possible to enforce a foreign judgment by means of a writ on the judgment, declaration of enforceability or similar mechanism?

Yes. If German judgments are similarly recognized in the jurisdiction of origin (as is the case e.g. for the USA, Australia, and Japan).

What is the approximate time required to register and enforce a foreign judgment if unopposed?

Brussels/Lugano regime: 2 - 4 months. No registration is required under the Brussels regime.

Other jurisdictions: 4 - 8 months

What is the approximate time required to register and enforce a foreign judgment if opposed?

Brussels/Lugano regime: 6 - 12 months. No registration is required under the Brussels regime.

Other jurisdictions: 8 - 18 months

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if unopposed?

EUR 240 (approximately USD 280) court fees for recognition, independent of the amount at issue. Attorneys usually charge by the hour.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if opposed?

EUR 240 (approximately USD 280) court fees for recognition, independent of the amount at issue, plus moderate court fees for enforcement. Attorneys usually charge by the hour.

Are there any unusual difficulties in enforcing a foreign judgment?

There are hardly any unusual difficulties. However, note that the German Federal Supreme Court of Justice has held that judgments for punitive or treble damages violate German public policy. Due to the limited reasons which render a foreign judgment unenforceable, defendants opposing the recognition and enforcement of a foreign judgment frequently argue that the foreign court was misled by the plaintiff and that recognition and enforcement of the foreign judgment would thus violate the German public policy.

Cross-Border Enforcement Center

Germany

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