Enforcement of foreign judgments

Under exequatur procedure is the procedure of admission of foreign enforcement or arbitration awards to execution in Germany (exequatur ). This is not about the foreclosure process; rather limited knowledge in a representational method, the conditions of the recognition of the judgment and the award of the enforceability in Germany to be checked. Only because the foreclosure connects. The problem arises whenever a creditor has fought for a title abroad, he wants to enforce domestically. In general, this is not readily possible, but first a domestic court must determine whether the requirements for enforceability are present. These conditions may be about compliance indispensable procedural rules and the decision count by a competent court. In Germany also the guarantee of the reciprocity is required. (See § 328 of the Code of Civil Procedure or Article 34 Brussels I Regulation ).

In California, New York and other states of the U.S. foreign judgments in civil matters are in principle even without guarantee of the mutual recognition capable, as long as general constitutional requirements (eg, service on the defendant, judicial independence ) are met.

In Germany, in method terms for enforcement from the scope of the Brussels I Regulation a request to the district court for enforcement of judgments from non- EU Member States, a separate enforcement action under § 722 ZPO (unless treaties to the contrary set ) is required.

With increasing cross -border legal relations individual countries have bilateral agreements or multilateral agreements concluded under which the enforcement of judgments has been made easier. In particular, the requirement of reciprocity ( § 328 Section 1 No. 5 ZPO) was ensured by these agreements generally; in addition, many of these agreements contain a catalog of international jurisdiction offenses, so that the ( in Germany, for example in § 328 paragraph 1 No. 1 ZPO included ) requiring the indirect jurisdiction largely unproblematic was. In all these cases, however, it is necessary at least in Germany remains one of exequatur; none of these treaties gave foreign enforcement orders eo ipso the Vollstreckbarkeitswirkung domestically. This was done for Germany for the first time by the Regulation No 805 /2004.

Regulation ( EC) No 44/2001 shall apply to the European Union ( Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ), which the Brussels Convention (Brussels Convention on Jurisdiction and the Enforcement of Judgments in civil and commercial matters ) replaced since 1 March 2002 in relation to all EU Member States except Denmark and Regulation (EC ) No 2201 /2003 ( Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters ). The Regulation on a European Enforcement Order (EC ) No 805 /2004, which entered into force on 21 October 2005, the EU-wide enforcement of uncontested claims (including admission and default judgments, enforcement orders and certain maintenance items) simplifies again and the existing exequatur procedure for such titles abolished.

Insb. ( Lugano Convention, the so-called Lugano Convention SR 0.275.11 ) in relation to the recognition and enforcement of judgments in Switzerland by the Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters must be considered.