Recognition and Enforcement of Foreign Titles in Germany

In cross-border disputes, a judgment or other enforceable decision obtained abroad does not automatically produce effects in Germany. Creditors usually need to determine whether the foreign title is automatically enforceable (as is often the case within the EU) or whether a German court must first recognise the decision and issue an enforcement judgment(exequatur) before compulsory measures can begin.

Recognition and enforcement in practice

Recognition concerns whether a foreign judgment can produce legal effects in Germany (for example, being treated as binding). In the non-EU context, recognition is assessed in particular under Section 328 ZPO, which sets out key refusal grounds and conditions (such as jurisdiction, due process, ordre public, and reciprocity).

Enforcement means taking compulsory execution measures in Germany. For non-EU judgments requiring exequatur, enforcement is based on the German enforcement judgment (the exequatur), not directly on the foreign judgment.

The legal framework for foreign titles in Germany

Germany applies a layered approach:

• EU judgments in civil and commercial matters are generally enforceable under Regulation (EU) 1215/2012 (Brussels I bis) without a separate declaration of enforceability, subject to documentary requirements and service rules.
• Non-EU judgments may be covered by specific treaties; if no treaty applies, recognition and enforceability are typically handled through an exequatur procedure under Sections 328, 722 and 723 ZPO.
• The Hague Judgments Convention 2019 entered into force for the EU (and therefore Germany, except Denmark) on 1 September 2023, creating a treaty framework between the EU and other Contracting Parties (including Ukraine).

Asset checks before you enforce

Before starting enforcement, it is often useful to identify whether the debtor has assets or is insolvent. The available sources include:

• the insolvency announcements portal for checking opened proceedings;
• the debtor register (ZPO sections on debtor register access);
• information requests available through a bailiff once enforcement has begun (e.g., bank details, employer, registered vehicles) under the conditions described in the ZPO.

Enforcing EU judgments in Germany

Enforcement without exequatur under Brussels I bis

For an EU judgment, the foreign title is already enforceable in Germany under Brussels I bis, so the creditor can apply directly to the competent enforcement body, without a separate declaration of enforceability.

Documents typically required for enforcement

To enforce an EU judgment in Germany, the creditor must provide:

• a copy of the judgment; and
• the certificate under Article 53 and Annex I of Brussels I bis confirming enforceability and containing required details (including interest and recoverable costs information). (

Service and translation practicalities

The Brussels I bis certificate must be served on the debtor before the first enforcement measure.
German authorities may require a German translation/transliteration of the certificate, and may require a translation of the decision if they cannot proceed without it. The debtor may also request a translation of the judgment to challenge enforcement.

Challenging enforcement of an EU judgment

A debtor may apply for refusal of enforcement under Brussels I bis, based on the refusal grounds listed in Article 45 (such as ordre public, due process concerns, and irreconcilability with certain judgments). A substantive review of the foreign decision is excluded.
German law also provides a mechanism to seek cessation or restriction of enforcement where the debtor can present a decision from the state of origin affecting enforceability.

How to enforce a EU judgment in Germany

Confirm that Brussels I bis applies

An Italian civil or commercial judgment typically falls within Brussels I bis, meaning no exequatur is required in Germany, subject to the regulation’s scope and formalities.

Obtain the enforceability certificate and judgment copy

For enforcement in Germany, you generally need:

• an authentic copy of the Italian judgment; and
• the Article 53 / Annex I Brussels I bis certificate issued by the Italian court.

Manage service and translations early

Ensure the certificate is served before the first enforcement measure, and be prepared to provide German translations if required by the enforcement authority or requested by the debtor in the specific circumstances described by the regulation.

Start German enforcement measures

Once the formal Brussels I bis requirements are met, the enforcement steps themselves follow German national procedure, including measures handled by bailiffs and judicial officers.

Recognition and enforcement of non-EU judgments in Germany

When exequatur is required

If no treaty or special instrument applies, a non-EU judgment generally requires an exequatur procedure under Sections 328, 722 and 723 ZPO. In that scenario, enforcement can only proceed once a German court issues an enforcement judgment, and enforcement is based on that German decision rather than the foreign judgment itself.

Where to file and what the procedure looks like

The action is filed with the district court at the debtor’s residence or place of business; if the debtor has none in Germany, jurisdiction lies where the assets are located. The action must be filed in German, and the creditor does not need to prove a specific intent to enforce or even that enforcement will be practically successful.
The exequatur is granted in ordinary contradictory proceedings if the statutory requirements are met.

Timing and costs expectations

The exequatur procedure often takes several months. A fast-track interim injunction is not available in this context, although an attachment order may be possible under certain conditions.
There is no fixed fee; court costs and lawyer’s fees depend on the amount in dispute, and appeals can increase costs. Cost allocation generally follows the outcome (loser pays, with proportional allocation if partially successful).

Challenging recognition of a non-EU judgment

During exequatur, the debtor may raise subsequent substantive objections and can also argue that the right to be heard was infringed; the enforcing party then bears the burden to show no such infringement occurred.
After exequatur is granted (but not yet final), the debtor may appeal like against other judgments. After the exequatur becomes final, the debtor may raise subsequent objections via an enforcement counterclaim, but is precluded from objections that could already have been raised during exequatur proceedings.

Recovering costs related to recognition and enforcement

The costs of obtaining an enforcement judgment in exequatur proceedings are treated as ordinary procedural costs and may require a separate cost determination decision that itself becomes an enforcement title. Enforcement costs can be pursued alongside enforcement of the claim under the relevant ZPO rules on enforcement costs.

Enforcement measures available in Germany once recognition is in place

Enforcement steps are governed by national law. Examples described include:

• seizure of tangible objects by a bailiff;
• attachment and transfer of claims by the judicial officer (Rechtspfleger);
• sale of intangible assets by the court.

A bailiff can request a debtor’s statement of assets, and if the debtor fails to attend without excuse or refuses to submit it, an arrest warrant may be sought in the circumstances described by the ZPO.

Recognition and enforcement of foreign arbitration awards in Germany

Recognition and enforcement of foreign arbitral awards are governed by the New York Convention (1958). Key practical points include the documents required (certified original award and arbitration agreement, or certified copies) and the refusal grounds set out in the Convention.

Conclusion

Germany provides a clear framework for cross-border enforcement:

• EU judgments are generally enforceable without exequatur under Brussels I bis, provided the correct certificate, service, and translation requirements are met.
• Non-EU judgments often require exequatur under Sections 328, 722 and 723 ZPO, with defined conditions (including reciprocity and due process safeguards), followed by enforcement under German procedure.
• Insolvency can impose an enforcement ban, and arbitration awards follow the New York Convention route.