Enforcement of a Court Decision in Germany

The enforcement procedure is the last phase of the civil trial in Germany in which a creditor may achieve the rights settled by a court decision. Below, our German debt collection lawyers provide an overview of the procedure related to the enforcement of domestic and foreign court orders.

Quick Facts
Court decision enforcement legislation	– Civil Procedure Code for domestic orders, – several international treaties for foreign ones.
Available decision-making procedures	– issuance of court orders, – issuance of judgments.
Enforcement conditions in debt collection in Germany	The creditor has a final judgment/court/enforcement order or a judicial settlement.
Phase of the enforcement order in the debt recovery procedure	This is the final step in recovering a debt in Germany.
Asset discovery availability (YES/NO)	Yes, asset discovery may be used to ensure a court order may be enforced.
Available enforcement procedures	– attachment of goods or other assets, – statement of assets, – coercive actions, – forced sale, – receivership.
Attachment of goods procedure	The procedure implies the seizure of various goods of the debtor.
Other assets that can be seized through a court order	– bank accounts, – money from various income sources.
Coercive actions	In debt collection, coercive measures imply ensuring the assets are surrendered by the debtor.
Types of assets that can be seized through court orders	Immovable property and movable goods (cars, works of art, jewelry).
Restrictions on goods that can be attached to orders (if any)	Yes, goods that ensure a minimum living standard for the debtor cannot be used to complete the recovery procedure.
Availability of mortgage measures as part of the enforcement procedure (YES/NO)	Yes, a compulsory mortgage (Zwangssicherungshypothek) can be registered in the land register at the creditor's request for claims over EUR 750 (Sections 866 and 867 ZPO).
Courts in charge of issuing enforcement orders	Local courts.
Other authorities involved in court enforcement proceedings	– banks, – the Land Register.
Support in enforcement of court orders (YES/NO)	Yes, our debt collection lawyers in Germany assist with enforcing court orders/judgments.
When can a court decision be enforced in Germany?	Once it is final or has been declared provisionally enforceable (Sections 704, 708 and 709 ZPO), as first-instance judgments usually are.
Can arbitrated settlements be enforced in Germany? (YES/NO)	Yes, such settlements can also be enforced.
Can settlements reached between the parties’ lawyers be enforced? (YES/NO)	Yes, these are also recognized under the German legislation.
Can notarial deeds be enforced? (YES/NO)	Yes.
Who enforces court decisions in Germany?	The bailiff is in charge of court order enforcement.
Are there costs associated with the enforcement of orders? (YES/NO)	Yes, various fees apply, depending on the type of procedure used.
When can enforcement measures start?	Only after the creditor enters into possession of the enforcement order.
Can loan-type debts be subject to court order enforcement? (YES/NO)	Yes.
Effects of enforcement orders in the case of debtors	The assets of the debtor are confiscated for the repayment of the debt.
Effects of enforcement orders in the case of creditors	The creditor can use the confiscated assets to recover losses incurred with the debt.
Effects of enforcement orders in the case of other parties	Third parties can no longer be required to pay the debtor and must reach an agreement with the creditor instead.
International conventions for the enforcement of judgments Germany is part of	– the Brussels Ia Regulations applicable to civil and commercial matters, – the Lugano Convention, which extends the enforcement of judgments to Denmark, Norway, Iceland, and Switzerland, – the Hague Convention.
Possibility to appeal an enforcement order (YES/NO)	No, however, the debtor can contest the method through which the order is enforced.
Availability of limitations on enforcement orders (if any)	There is a limitation on excessive attachment, so the creditor can only recover the debt and costs associated with it.
Time frame to enforce a foreign court order (approx.)	2 to 8 months, depending on the country where it was issued.

What are the types of judgements that can be enforced in Germany?

The following types of court decisions can be enforced in debt collection cases in Germany:

national or domestic ones;
court decisions issued in other EU countries;
decisions issued in non-EU states.

NOTE: For each type of procedures, different sets of documents are required.

What are the conditions to enforce a court order in Germany?

The main condition to enforce a court order in Germany is for the creditor to have an enforceable document in this sense. This can be represented by:

a final judgment that is no longer subject to review;
a judicial settlement;
an enforcement order;
a notarial deed.

For enforcement orders, provisional attachment orders, and interim orders, a court certificate of enforceability is only necessary in extraordinary circumstances. Additionally, only once the document has previously been served may the enforcement procedure commence.

What are the authorities that enforce court decisions in Germany?

Court decisions can be enforced by:

Bailiffs: they are in charge of seizing assets or goods that enter the movable property category;
local courts: they handle bank accounts garnishment and monetary claim attachments.

Here is also our infographic on this subject:

How can court decisions issued in non-EU countries be enforced in Germany?

First of all, the decision must be recognized and declared enforceable by a German court. For this, the following documents must be presented in court:

a certified copy of the decision issued in the non-EU state, which must contain an enforceability claim;
details about the debtor;
proof that the debt was collected through an accredited agency or body;
a power of attorney for representation.

NOTE: In most debt recovery cases, claimants request the services of our German lawyers, hence the need for the power of attorney.

IMPORTANT! Court decisions issued in the UK now need to go through recognition and enforceability stage, as the UK is no longer an EU member state.

Is there a fast way to enforce court decisions in Germany?

Yes, in the case of undisputed monetary claims, you can file directly for a payment order based on which the German court will issue an enforcement title. Then, the debt can be collected without going through additional steps.

What does a compulsory enforcement of court orders imply in Germany?

The compulsory enforcement represents the proceedings taken in accordance with a court decision when the debtor fails to fulfil voluntarily with a legal judgment and the enforcement title is a mandatory document in this procedure.

It also represents the process used to compel the defendant to comply with a private law claim. The State, which functions through its representatives, courts and other officers of the law, has the authority to enforce such orders.

What are the authorities involved in the enforcement of German court orders?

Due to the fact that compulsory enforcement implies several measures, after the order is issued by the court (the main body involved in the procedure) it should be noted that there are also secondary organizations, such as:

the Land Register (which refers to the mortgage phase);
banks where the freezing of assets held in bank accounts is ordered;
the bailiff who has the authority to enforce the order.

If you need advice on when and how to start an action against a debtor, feel free to get in touch with our debt recovery specialists who are member of the German Federal Bar Association.

What are the fees associated with court decision enforcement in Germany?

The following:

court fees, which start at EUR 20 and can go up to several hundred euros, depending on the value of the claim;
bailiff fees, which start at EUR 30;
interest accruals, which depend on the type of debtor;
lawyers’ fees, which are calculated as a fraction of the claim value.

How long does it take to enforce a court order in Germany?

The timeframe in which a court order can be enforced in Germany depends on the legislation or treaty it abides by. As such:

under the Brussels Regulations, orders are enforced relatively rapidly, as there is no need to submit an enforceability declaration (about 2 to 4 months);
in accordance with the Lugano Convention, it may take a few weeks (around 2 months, usually) for an order to be enforced, as the German court must issue an enforceability declaration;
under other treaties, the enforcement may take between 4 and 8 months;
under the national legislation, the enforcement may take longer (about one year), as court proceedings must take place with the appropriate Regional Court.

Here is also a video on this subject:

Can court orders be challenged in Germany?

Yes, court orders can be challenged in accordance with the grounds specified by Section 328 in the Civil Procedure Code.

There are multiple reasons that can lead to contestation; however, the most important one refers to the violation of the fundamental rights of the defendant. This means that an order cannot be enforced by a German court if it does not comply with the provisions of the said Section 328.

If you need support with the procedure of enforcing court orders in Germany, please refer to our debt collection lawyers.