Recognition of an EU Court Decision in Germany

Recognition of EU court decisions applies in various situations in Germany, including debt collection. If you are dealing with a case where such recognition is required, our lawyers can assist you.

Quick Facts
National law for the recognition of EU decision	The German Code of Civil Procedure (ZPO), in particular Book 11 on judicial cooperation in the EU.
Multilateral treaties through which foreign court decisions are recognized	– the 1954 Hague Convention, – the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters of 2019.
EU regulations under which court orders can be recognized	Regulation (EU) No 1215/2012 (Brussels Ia); Regulation (EC) No 805/2004 (European Enforcement Order); Regulations (EC) No 1896/2006 (European Payment Order) and No 861/2007 (European Small Claims).
EU court that can rule in debt collection matters	None. Debt judgments are issued by the national courts of the EU member states; the EU Court of Justice only interprets EU law and does not decide individual debt claims.
Actions that be taken to the EU Justice Court	Private parties cannot bring debt claims or appeals before the EU Court of Justice; national courts may refer questions on the interpretation of EU law (Article 267 TFEU).
Possibility for an order to be rectified by the EU Court (YES/NO)	No. A European Enforcement Order certificate can be rectified or withdrawn by the court of origin in the issuing member state, under Article 10 of Regulation (EC) No 805/2004.
Types of decisions recognized in Germany	– final rulings on any legal claims, including debt collection, – cost-assessment rulings.
When can a debt collection case be presented before the EU Court of Justice?	Only indirectly, when a national court refers a question on the interpretation of EU law for a preliminary ruling (Article 267 TFEU).
German courts that can recognize EU court orders	No court procedure is needed for recognition under Brussels Ia; applications to refuse recognition or enforcement go to the regional court (Landgericht) of the debtor's domicile (Section 1115 ZPO).
Types of decisions that can be enforced in Germany	– settlements between the parties, – arbitration rulings, – writs of execution, – payment orders.
Do judicial precedents apply in Germany?	No, Germany relies on statutory laws, including when it comes to EU court decisions.
Documents required to have an EU court decision recognized	– copy of the decision, – the certificate under Article 53 of the Brussels Ia Regulation (or the European Enforcement Order certificate), – a translation, if requested.
Possibility to challenge a foreign court order by the defendant (YES/NO)	Yes.
Time frame for the enforcement of the order	7 to 9 months.
Support in recognition of court orders (YES/NO)	Yes, our debt recovery lawyers in Germany can assist in such matters.

What are the laws applying to the recognition of EU court decisions?

The following laws apply when it comes to the recognition of EU court decisions in Germany:

Regulation (EU) No 1215/2012 (Brussels Ia), the main instrument for judgments from EU member states; the Convention on Jurisdiction and Recognition and Enforcement of Judgements in Civil and Commercial Matters (the Lugano Convention);
the Hague Convention on Civil Procedure and the Hague Convention on the Recognition and Enforcement of Decisions Related to the Maintenance of Obligations;
the German Civil Procedure Code, which contains specific provisions related to the recognition and enforcement of foreign court decisions;
the Recognition and Enforcement Implementation Act (AVAG), which applies to treaty-based judgments, while the ZPO applies in cases where international agreements have not been signed;
the Law on Proceedings in Family Matters and Matters on Non-contentious Jurisdictions in Germany.

Is an EU court decision recognized automatically in Germany?

Yes, provided two conditions are met:

there are no grounds to refuse the decision;
the decision was not revoked.

We also have an infographic on this subject:

What are the conditions to have an EU court decision recognized in Germany?

In order to be acknowledged and enforced by a German court, an EU court decision must satisfy the following conditions:

the foreign court, including the EU court, must have the competence to rule on international disputes;
for judgments from EU member states, the jurisdiction of the court of origin is generally not reviewed (Article 45(3) Brussels Ia); for other judgments, the claimant must show that the court had jurisdiction over the international matter it ruled on;
the defendant has benefitted from proper and timely information on the proceedings against him;
the defendant has benefitted from a proper defense and cannot invoke procedural mistakes;
the German court will rule if the foreign creditor has filed for the recognition and enforcement of the judgment in the location where the German defendant lives or is registered.

Is it hard to have an EU decision recognized in Germany?

No, the procedure is quite simple given the membership of the states to the EU.

What is the procedure that I need to go through if I want to have an EU decision recognized in a debt collection case in Germany?

All you need to do is present the decision and the Article 53 certificate directly to the competent German enforcement body (bailiff or enforcement court); no declaration of enforceability is needed under Brussels Ia.

NOTE! The enforcement authority may require a translation of the decision into German (Article 42(4) Brussels Ia).

Is it possible for the decision to be submitted to the German court by a lawyer?

Definitely. You can also rely on our German debt collection lawyers if you want to ensure the correctness of the procedure. We can also handle the translation of the decision.

What are the documents required for the recognition of an EU decision in Germany?

These are:

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
a translation of the judgment into German, only if the enforcement authority requires it;
the certificate issued under Article 53 of the Brussels Ia Regulation;
or, for uncontested claims, the European Enforcement Order certificate;
the court fee receipt.

What is the German court that will recognize an EU decision in a matter of debt collection?

Recognition is automatic; applications to refuse recognition or enforcement are heard by the regional court (Landgericht) of the debtor's domicile (Section 1115 ZPO). In the absence of a place of jurisdiction, the case will be handled by the regional court where enforcement is to take place.

Can a debtor contest/appeal an EU court decision?

Yes, the debtor can apply in Germany for refusal of recognition or enforcement on limited grounds, but the merits cannot be reviewed (Article 52 Brussels Ia).

Here is also a video on this subject:

What are the grounds under which an EU court decision can be contested in Germany?

Under the following grounds:

the recognition goes against German public policy;
the defendant was not informed about the proceedings in a timely manner;
the judgment goes against another judgment already issued in Germany.

How long does it take for an EU court decision to be enforced?

Between 4 and 7 months.

If you need help in having an EU court decision recognized and enforced in Germany, do not hesitate to contact our lawyers.