Compulsory Enforcement of foreign court decisions (judgments) in Germany.

Regarding the compulsory enforcement of foreign judgments in Germany one generally has to differentiate between the compulsory enforcement of judgments of courts from member states of the EU plus EFTA states (Iceland, Liechtenstein, Norway and Switzerland) and the compulsory enforcement of judgments of courts from non-members of the EU (“third countries”). 1. Compulsory Enforcements of judgments of courts from third countries

If there are no international agreements between Germany and the third country regarding the compulsory enforcement of judgments, one has to revert to s 722, 723 of the German Civil Procedure Act (Zivilprozessordnung, ZPO). Section 722 para (1) German Civil Procedure Act states: Compulsory enforcement may be pursued under the judgment of a foreign court if such compulsory enforcement is ruled admissible by a judgment for enforcement.

Thus, one has to apply to the court of competent jurisdiction in Germany in order to get a judgment for enforcement.

According to s 723 para (1) of the German Civil Procedure Act the court of competent jurisdiction will deliver the judgment for enforcement without reviewing the legality of the foreign decision.

However, according to s ...

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