Enforcement of a US judgment in Germany: How to secure your claims

Law firm for international law in Kerpen and Witten

International Law | Strong partner for the enforcement of US judgments in Germany

Enforcement of US judgments in Germany: A comprehensive guide for clients

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

Enforcing a US judgment in Germany is a complex process that requires specific expertise and a careful approach. As a potential client, it is important to understand why a particular approach is necessary and what steps you can expect.

Punitive damages, also known as punitive damages, are a concept from the US legal system that does not exist in Germany or many other European countries. This form of compensation goes beyond mere compensation for the damage suffered and is intended to have a punitive and deterrent effect.

In US court proceedings, punitive damages can be imposed in addition to regular damages, particularly if the defendant's conduct is deemed to be particularly reprehensible or reckless. The amount of these punitive damages can exceed the actual damages many times over. punitive damages often cause considerable difficulties when enforcing US judgments in Germany.

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Enforcement of US judgment Germany

1. overview of the process

Process of enforcing a US judgment in Germany

The process of enforcing a US judgment in Germany begins with the so-called exequatur procedure. This procedure serves to have the foreign judgment recognized and declared enforceable in Germany. Only after this procedure has been successfully completed can the judgment be enforced in Germany like a domestic judgment.

Why is a special procedure necessary?

The need for a special approach arises from the differences between the US and German legal systems. These differences concern not only substantive legal issues, but also procedural aspects. German law places certain requirements on the recognition of foreign judgments, which must be examined as part of the exequatur procedure.

Enforcement of US judgment Germany

2. assess the prospects of success

Realistic assessment of prospects of success

For you as a client, it is of central importance to be able to realistically assess the chances of success of the enforcement of your US judgment in Germany.

What factors influence the chances of successful enforcement?

The chances of success depend on various factors:

  • Jurisdiction of the US court from a German perspective
  • Proper service of the statement of claim
  • Compatibility with the German ordre public
  • Reciprocity in the recognition of judgments between Germany and the USA
  • Type and amount of damages awarded (especially in the case of punitive damages)

Typical stumbling blocks and how to avoid them

The most common challenges include

  • Insufficient service of the statement of claim
  • Violation of the right to be heard in the US proceedings
  • Incompatibility with fundamental principles of German law
  • Problems with the recognition of punitive damages


In order to avoid these stumbling blocks, early legal advice and careful preparation of the exequatur procedure is essential.

How can I enforce a US judgment in Germany if no address for service is known?

  1. Determination of the address:

    • Hire a private investigator: A private investigator can be hired to find out the current address of the other party.
    • Residents' registration office: Contact the residents' registration office at the last known place of residence of the other party to find out the new address.
    • Address information services: Use of special address information services that specialize in determining whereabouts.

  2. Public service:

    • Court proceedings: In some cases, the court may order public service. This is done by publishing the notice of service in a public register or official journal.
    • Alternative delivery: If delivery to the actual address is not possible, courts can sometimes allow alternative methods of delivery.

  3. Legal support:

  4. International cooperation:

    • Requests for information: Use of international agreements and cooperation with foreign authorities or institutions to determine the address.
    • Consular support: In some cases, the embassy or consulate of the country of origin can also help.

  5. Asset research:

    • Statement of assets: A statement of assets is carried out to find out whether the person has assets in Germany that can be accessed.

  6. Application for recognition and enforcement:

    • Recognition proceedings: Initiating proceedings for recognition of the US judgment under German law, even if the address of the other party is initially unknown.
    • Enforcement order: As soon as the US judgment is recognized, a German enforcement order can be obtained to enable enforcement.


It is advisable to seek legal assistance from a specialized lawyer to navigate the process and find the best strategies for serving and enforcing the judgment.

Enforcement of US judgment Germany

3. costs and time frame

What costs can be expected?

The costs for the enforcement of a US judgment in Germany are made up of various components:

  • Legal fees for the exequatur proceedings
  • Court costs
  • Possible costs for translations and certified copies
  • Costs for the actual enforcement after successful recognition


The exact amount of the costs depends on the individual case, in particular the amount in dispute and the complexity of the proceedings.

How long does the process usually take?

The duration of the exequatur procedure can vary considerably. This depends on the following factors, among others:

  1. Complexity of the case: The more complicated the case, the longer the proceedings may take.
  2. Amount of punitive damages: Particularly high punitive damages could require more intensive scrutiny.
  3. Opposition by the other party: If the other party actively opposes enforcement, this can lead to delays.
  4. Workload of the courts: The general workload of the competent courts can influence the duration of proceedings.
  5. Necessity of legal remedies: If appeals are lodged, this prolongs the process considerably.
  6. Complexity of legal issues: Checking compatibility with German law can be time-consuming.


In general, clients should expect such proceedings to take several months to several years. It is advisable to be prepared for a lengthy process and to seek legal advice at an early stage in order to obtain a realistic estimate of the expected duration for the specific case.

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Enforcement of US judgment Germany

4. the exequatur procedure explained clearly

What is the exequatur procedure?

The exequatur procedure is a legal procedure for the recognition and declaration of enforceability of foreign court judgments or arbitration awards in Germany. It is used to make a foreign title enforceable in your own country. The aim is to allow foreign enforcement titles to be enforced domestically. It is a limited procedure for obtaining a judgment, not the actual enforcement procedure. The procedure examines the requirements for the recognition of the decision and the granting of enforceability in Germany.

In Germany, the exequatur procedure for civil judgments is regulated in Sections 722, 723 and 328 of the German Code of Civil Procedure (ZPO). Criminal judgments are governed by §§ 48ff. IRG (Act on International Mutual Assistance in Criminal Matters) apply to criminal judgments. The requirements for recognition include the fulfillment of formal official requirements of a judicial decision, compliance with public policy under the rule of law, the jurisdiction of the foreign court from a German perspective, proper service of the statement of claim, compatibility with fundamental principles of German law and the guarantee of reciprocity in accordance with Section 328 (1) No. 5 ZPO.

The procedure begins with an application for a declaration of enforceability to the competent German court. The court then examines the requirements for recognition. If the requirements are met, the foreign judgment is declared enforceable, which converts it into a German court decision.

In Germany, the principle of automatic recognition of foreign judgments applies, but not their automatic enforceability. Special regulations apply within the EU with a simplified procedure in accordance with Regulation (EC) No. 44/2001. In the case of uncontested claims, direct enforcement is even possible with a special certificate from the court of origin (Regulation (EC) No. 805/2004).

The exequatur procedure poses challenges, as German courts carry out a strict examination and not every foreign judgment is recognized. The courts have a duty to clarify all legal requirements for enforcement. Possible grounds for refusal are a lack of mutual criminality, violation of public policy or the statute of limitations.

In practice, the exequatur procedure is an important instrument in international legal relations. It enables the enforcement of claims across national borders, but often requires careful preparation and specialized legal advice. The procedure is a crucial mechanism for ensuring the effectiveness of foreign court decisions in Germany and at the same time ensuring compliance with basic legal standards.

What steps do you need to take as a client?

As a client, you must take the following steps:

  • Procurement of all necessary documents (original US judgment, certified translations)
  • Commissioning of a specialized Lawyer in Germany
  • Submission of the application for a declaration of enforceability to the competent German court
  • Provision of all necessary information and documents for Your lawyer
  • If necessary, personal attendance at court hearings

How do I obtain a certified translation of a US judgment?

  • Find a certified translator: Contact a state-certified and sworn translator who specializes in legal texts.
  • Make sure that the translator is certified for English and German.
  • Submit a certified copy of the original US judgment to the translator.
  • The translator will prepare the translation and certify it.
  • The certified translation should then be accepted for official purposes in Germany, including court proceedings.

Enforcement of US judgment Germany

5 Necessary documents and preparations

What documents are required?

For the exequatur procedure you usually need:

  • The original or a certified copy of the US judgment
  • A certified German translation of the judgment
  • Proof of the legal force and enforceability of the judgment in the USA
  • Documents for service of the statement of claim in US proceedings
  • Further procedural documents from the US proceedings, if applicable

What is the best way to prepare?

For optimal preparation you should:

  • Compile all relevant documents at an early stage
  • Find out about the special features of the German legal system
  • A lawyer specializing in international law enforcement Lawyer consult
  • Develop realistic expectations regarding the duration and costs of the procedure
  • Prepare for possible objections from the other side

Enforcement of US judgment Germany

6. dealing with punitive damages

What are punitive damages and why can they be problematic?

Punitive damages, also known as punitive damages, are a concept from the US legal system that does not exist in Germany or many other European countries. This form of compensation goes beyond mere compensation for the damage suffered and is intended to have a punitive and deterrent effect.

In US court proceedings, punitive damages can be imposed in addition to regular damages, particularly if the defendant's conduct is deemed to be particularly reprehensible or reckless. The amount of these punitive damages can exceed the actual damages many times over. punitive damages often cause considerable difficulties when enforcing US judgments in Germany:

  • Incompatibility with the German legal system:
    German tort law is based on the principle of compensation and does not recognize punitive damages in civil proceedings. Punitive damages are therefore often regarded as a violation of German ordre public (public policy).
  • Constitutional concerns:
    In the past, the Federal Constitutional Court has expressed concerns that excessive punitive damages payments could violate the prohibition of excessive measures.
  • Separation principle between civil and criminal law:
    In Germany, there is a clear distinction between civil and criminal law. Punitive elements in civil judgments are viewed critically.
  • Proportionality:
    German courts examine whether the amount of punitive damages is proportionate to the actual damage.
  • Prohibition of enrichment:
    German law stipulates that compensation for damages should not lead to enrichment of the injured party.

Strategies for dealing with punitive damages in the German legal system

The following strategies are used when enforcing US judgments with punitive damages in Germany:

  • Partial recognition:
    Often, only regular claims for damages are recognized, while punitive damages are rejected.
  • Reduction of the sum:
    In some cases, German courts have reduced punitive damages to an amount that is compatible with German legal principles.
  • Requalification:
    Sometimes punitive damages are interpreted as a kind of compensation for pain and suffering or immaterial damages in order to bring them into line with German law.
  • Case-by-case examination:
    Each case is examined individually, taking into account the circumstances that led to the imposition of punitive damages.
  • International agreements:
    Efforts are being made to achieve a more uniform approach to punitive damages through international agreements.

For attorneys and clients seeking to enforce a US judgment with punitive damages in Germany, it is important to understand these challenges and develop appropriate strategies. This may mean concentrating on enforcing the regular damages and treating the punitive damages as a separate claim or waiving them altogether.

It is advisable to seek legal advice at an early stage in order to realistically assess the chances of success and, if necessary, to develop alternative solutions. In some cases, it may make sense to seek a settlement or have the judgment renegotiated in the USA in order to achieve a formulation that is more compatible with German law.

In summary, it can be said that punitive damages are a complex issue in the enforcement of US judgments in Germany. They require careful legal analysis and often creative solutions in order to maximize the chances of successful enforcement.

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Enforcement of US judgment Germany

7. practical tips for enforcing your claims

How can you strengthen your position?

  • Gather all relevant documents and evidence carefully
  • Prepare a detailed chronology of the US proceedings
  • Keep in close contact with your German Lawyer
  • Be prepared to provide additional information or explanations about the US process
  • Remain patient and realistic about the course of the procedure

What mistakes should you avoid?

  • Do not underestimate the complexity of the process
  • Do not rely on assumptions about similarities between US and German law
  • Do not neglect the importance of correct translations and notarizations
  • Do not underestimate the time and cost of the process
  • Do not ignore possible alternative solutions

Enforcement of US judgment Germany

8. alternatives to judicial enforcement

Are there possibilities for an out-of-court settlement?

Yes, there are alternative approaches to judicial enforcement:

  • Negotiations on a settlement
  • Mediation
  • Arbitration proceedings

Advantages and disadvantages of alternative solutions

Advantages:

  • Often faster and more cost-effective
  • Greater flexibility in finding solutions
  • Opportunity to maintain business relationships

Disadvantages:

  • Possibly lower enforceability
  • Potentially lower settlement amount
  • Dependence on the willingness of the other party to cooperate

Enforcement of US judgment Germany

9. frequently asked questions (FAQ)

Can any US judgment be enforced in Germany?

No, not every US judgment can be enforced in Germany. The requirements according to § 328 ZPO must be fulfilled.

How long is a US judgment enforceable in Germany?

Enforceability is governed by the limitation period under German law, generally 30 years from the date on which the judgment becomes final.

Can the other party prevent enforcement?

The opposing party has the following options to prevent the enforcement of a US judgment in Germany:

  1. Refusing to recognize the judgment: German courts could refuse to recognize the US judgment if it violates fundamental principles of German law (ordre public).

  2. Lack of jurisdiction: Challenging the jurisdiction of the US court that issued the judgment.

  3. Procedural deficiencies: Proof that there were significant procedural deficiencies in the US proceedings, e.g. insufficient opportunity to defend oneself.

  4. Incompatibility with German law: Argumentation that the judgment is incompatible with essential principles of German law.

  5. Reservation of reciprocity: Proof that reciprocity is not guaranteed, i.e. that US courts would not recognize or enforce German judgments.

  6. Formal deficiencies: Identification of formal deficiencies in the application for enforcement, such as missing or insufficient documents.

  7. Existing legal remedies: Reference to legal remedies not yet exhausted in the country of origin.

  8. Incompatibility with existing German decisions: Demonstrate that the US ruling is inconsistent with existing German rulings.

What role does the Hague Convention play?

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters may facilitate enforcement in the future, but has not yet entered into force.

Enforcement of US judgment Germany

10. case studies and success stories

Anonymized examples of successful enforcements

Case study 1: Enforcement of a US commercial judgment

  • Value in dispute: EUR 500,000
  • Challenge: Objection of lack of jurisdiction of the US court
  • Solution: Proof of responsibility through detailed presentation of business relationships
  • Result: Successful declaration of enforceability and satisfaction of the claim


Case study 2: Partial recognition of a judgment with punitive damages

  • Amount in dispute: EUR 2 million, of which EUR 1 million punitive damages
  • Challenge: Compatibility of punitive damages with German law
  • Solution: Separation of the compensation components and partial recognition
  • Result: Enforcement of the regular damages in the amount of EUR 1 million

What lessons can be learned from this?

  • Careful preparation and documentation are crucial
  • Flexible strategies can enable partial success
  • Specialized legal advice significantly increases the chances of success
  • Patience and perseverance are often necessary

Enforcement of US judgment Germany

11 Next steps: What's next?

Initial consultation and case analysis

The first step is a comprehensive initial consultation, during which we:

  • Analyze your case in detail
  • Assessing the prospects of success
  • Discuss possible strategies
  • Create a preliminary time and cost plan

Procedure for handling the mandate

After the mandate has been granted:

  • Collection and review of all relevant documents
  • Preparation of the application for a declaration of enforceability
  • Filing with the competent court
  • Representation at all stages of proceedings
  • Regular updates and advice on strategic decisions

Enforcement of US judgment Germany

12 Our team of experts for US foreclosures

Presentation of skills and experience

Our specialized team has:

  • Many years of experience in the enforcement of foreign judgments
  • In-depth knowledge of the US and German legal systems
  • Successful handling of complex international cases
  • Network of experts in the USA for optimal cooperation

Why are we the right choice for your needs?

  • Specialization in international law enforcement
  • Proven success in the enforcement of US judgments
  • Individual support and customized strategies
  • Transparent communication and cost structure
  • Commitment to your interests and optimal results

Enforcing a US judgment in Germany is a complex but often rewarding process. With the right preparation, strategy and legal support, you can significantly improve your chances of successfully enforcing your claims. Contact us for detailed advice on your specific case.

Enforcement of US judgment Germany

Do you need legal support in the enforcement of US judgments in Germany?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
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