Debt Recovery in Germany: How to Enforce an EU Judgment

When a debtor owns assets in Germany, a judgment obtained in a EU Member State can be recognized and enforced quickly thanks to European law. This article explains how the procedure works, in which cases the debtor may oppose it, and what practical information can be collected before and during enforcement.

Why Recognition in Germany is Necessary

An EU judgment is valid in the member state where it is issued, but to be effective in Germany it must be made enforceable locally. Only then can the creditor use the enforcement tools provided by German law, such as seizures and attachments, turning the Italian court decision into a concrete result.

Recognition Procedure in Germany

Thanks to the Brussels I bis Regulation, judgments issued in EU Member States are automatically recognized in Germany without the need for a separate court procedure. The creditor must submit an authenticated copy of the Italian judgment and the European certificate under Article 53 of the Regulation, issued by the national court. In some cases, a German translation may be required. Once these documents are filed, the foreign judgment becomes directly enforceable in Germany.

When the Debtor Can File an Opposition

The debtor cannot challenge the merits of the Italian decision, but may raise objections in exceptional cases:

• lack of proper service or opportunity to defend in the Italian proceedings;
• conflict with other existing judgments;
• violation of German public policy;
• documentary irregularities (missing or defective European certificate, inadequate translations).

Information About the Debtor: Before and During Enforcement

Before starting enforcement, it is useful to check whether the debtor actually owns assets in Germany. Practical tools include the German commercial register (Handelsregister), insolvency announcements (Insolvenzbekanntmachungen), and the central debtors’ register (Zentrales Vollstreckungsregister). During enforcement, the German bailiff (Gerichtsvollzieher) may require the debtor to provide an asset declaration, listing bank accounts, property, and receivables. If the debtor refuses, coercive measures including detention may be ordered.

Enforcement of the Credit in Germany

Once recognized, the foreign judgment can be enforced in Germany through: (i) attachment of movable and immovable property; (ii) freezing of bank accounts or receivables from third parties; or (iii) requiring an asset declaration by the debtor to identify further attachable assets.

If the debtor is insolvent, the creditor must file the claim in the German insolvency proceedings.

Conclusions

Recognition of an EU judgment in Germany is straightforward under European law. Debtor objections are rare and limited, while creditors can rely on various tools to verify solvency and act effectively. With proper preparation and professional support, the foreign court decision can be turned into an immediately enforceable title in Germany, maximizing the chances of debt recovery.