Enforcement of international judgements

European judgements

Following the European Directive Nr. 805/2004 and based on a standard EU-confirmation form, a judgement issued by a court of one EU member State can also be enforced in any other EU member State.

Dwyer Legal is in the position to process such enforcement in Germany.

Non-EU judgements

If the judgement has been releaced by a court of a non-European Country, this judgement needs to be recognized by a German court to execute it in Germany (exequatur processing).

A judgement would not be confirmed by the German court for enforcement if one of the following conditions applies:

• if German civil procedural law postulates the jurisdiction of courts other than the one that issued the judgment;
• if the judgment was issued in the absence of the debtor and the credit was not ritually notified to him;
• if there is a parallel judicial proceeding on the same object or there are decisions already issued by other courts;
• if the foreign judgment is in contradiction with the general principles of the German legal system and with the rules of the German constitution;
• If the State of origin of the sentence does not confirm the execution of a German sentence of the same type (principle of reciprocity).

Dwyer Legal can support:

  • with identifying the requirements for the reconition procedure
  • with filing the application
  • with enforcing from the confirmed Judgement.

Please do not hesitate to contact us, should you need any additional information on our services in the area of Enforcement.