Enforcement of Foreign Family Court Rulings in Germany

The judgment in question must first fall within the territorial and temporal scope of the relevant legal provisions in Germany. The most important of these include Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (EuGVVO) and Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II).

When defining the term ‘judgment’, it should always be noted that the scope of application of the Brussels I Regulation is intentionally broad. It covers any judgment given by a court of a Member State of the European Union, irrespective of its designation or categorisation under national law (Art. 2 lit a EuGVVO). This means that the EuGVVO applies to a wide range of judgments, irrespective of whether they have the same name as those provided in the national legal systems. However, the decisive factor is that the judgment has the status of an enforcement order in its country of origin and is, therefore, enforceable there. It is important to note that the foreign judgment does not have to be considered final or legally binding under the law of the state where it was initially issued as long as it remains enforceable.

The following family law decisions and judgments can generally be recognised in Germany, provided they meet the general requirements for recognition:

• Divorce judgments,
• custody judgments,
• adoption judgments,
• maintenance judgments,
• acknowledgements and determinations of paternity,
• inheritance judgments,
• matrimonial property law decisions.

A foreign family court decision is generally recognised by a domestic court in the European Union following the principles of automatic recognition enshrined in Regulation 1215/2012 (EuGVVO) and Regulation (EC) No. 2201/2003 (Brussels II). ‘Automatic’ means that judgments of courts of a Member State are recognised and enforced in other Member States without the need for special or additional procedures (Art. 36 EuGVVO, Art. 21 Brussels II). This principle creates an automatic mechanism for recognising judgments within the EU. This means that a judgment issued in one EU member state is generally treated as valid and enforceable in all other member states.

Reasons for automatic recognition:

• Mutual trust:  The principle of automatic recognition is based on mutual trust between the Member States in their legal systems. The EU Member States assume their respective legal systems are fair and lawful. Therefore, judgments handed down in a Member State are considered to meet the required legal standards.
• Improved judicial cooperation: Automatic recognition promotes enhanced judicial cooperation between EU Member States. Enforcement of judgments is simplified and accelerated, which is particularly important in family law cases such as child custody and divorce, where timely decisions are essential.
• Efficiency and uniformity: The efficiency of court proceedings will be increased as lengthy and complex recognition procedures will no longer be necessary. It will also contribute to legal uniformity in the EU Member States and ensure that the individual’s rights are consistently protected.

Although automatic recognition is the general rule in the EU, there can still be exceptions and restrictions. Certain conditions must be met for recognition, as there are specific grounds on which recognition can be refused. These may include issues of public policy, due process, and violations of the fundamental principles of the legal system.

In summary, a foreign family court judgment given in one EU Member State can generally be recognised and enforced in other Member States under the principle of automatic recognition. This principle reflects mutual trust between Member States and simplifies recognising and enforcing cross-border family law judgments. However, it is essential to seek legal advice to ensure that your case meets the criteria for automatic recognition and to clarify any exceptions or limitations.

An application for recognition of a foreign family court judgment may be refused in Germany on the following grounds. It is important to emphasise that recognition of a foreign family court judgment may not be refused based on the content or substance of the judgment itself. The principle applies that the content of the judgment cannot be reviewed in the Member State in which recognition is sought (Article 52 EuGVVO, Article 26 Brussels II). This means that the court of the state of recognition cannot reassess the content or details of the judgment.

There are certain grounds on which the recognition of a foreign family court judgment can be refused in Germany. In practice, these grounds are only considered if there is a risk that the party concerned will apply for non-recognition. These grounds include:

• Manifest breach of public policy: Recognition may be refused if it is manifestly incompatible with the public policy of the Member State in which recognition is sought (Art. 45 EuGVVO, lit. a).
• Violation of the right to a fair hearing: If the defendant’s right to a fair hearing was violated in the foreign court proceedings, recognition can be refused unless the defendant had the opportunity to challenge the judgment but did not do so (Art. 45 EuGVVO, lit. b).
• Incompatibility with previous judgments: Recognition may be refused if the judgment is irreconcilable with a judgment given between the same parties in the Member State in which recognition is sought or in a third State (Art. 45 EuGVVO, lit. c and d).
• Conflict with jurisdictional rules: If the judgment conflicts with certain jurisdictional rules, recognition may be refused (Art. 45 EuGVVO, lit. e).

In cases involving parental responsibility, there are other grounds for non-recognition, including

• if the judgment was given without the child being given an opportunity to be heard, it is contrary to fundamental procedural principles of the Member State in which recognition is sought (Art. 23 Brussels II, lit. b).
• At the request of a person who claims that the judgment is contrary to their parental responsibility if the judgment was given without giving that person a fair hearing (Art. 23 Brussels II, lit. d).

In some cases, partial recognition and enforcement may be possible. For example, if certain parts of the foreign judgment violate German public policy while others do not, the enforceable parts can still be recognised and enforced. However, separation is only possible if the enforceable part can be clearly distinguished from the inadmissible part.

If you have the impression that one of these grounds for non-recognition applies to your case, please contact us for advice from our German family lawyers. They can assess whether a refusal is possible in your situation and help you take the necessary legal steps to prevent enforcement.

The enforcement of a foreign family court judgment in Germany has become simpler and more efficient due to the European legal framework, in particular, the EuGVVO (Regulation 1215/2012) and Brussels II (Regulation (EC) No 2201/2003).

The EuGVVO has considerably simplified the enforcement of foreign judgments in the European Union. According to Art. 39 EuGVVO, a judgment given in a Member State which is already enforceable in that Member State is automatically enforceable in other Member States without the need for a declaration of enforceability. This means that the enforcement procedure for foreign judgments is essentially the same as for judgments issued by domestic courts. The EuGVVO provides for automatic recognition and automatic enforcement.

Brussels II, which deals specifically with family law issues such as parental responsibility, child custody, and rights of child access, also facilitates the enforcement of judgments that fall within its scope. However, there are some differences:

• Judgments on parental responsibility: To enforce a judgment on parental responsibility for a child, an application for a declaration of enforceability must be made in the Member State in which enforcement is sought. The underlying procedure is governed by the law of the Member State in which enforcement is sought. Once the judgment has been declared enforceable, it can be enforced without further conditions (Art. 28 et seq. Brussels II).
• Enforcement of judgments on rights of access: If you wish to enforce an enforceable judgment concerning rights of access or the return of a child, no declaration of enforceability is required under Brussels II (Article 41 et seq. Brussels II). This simplifies the enforcement procedure for these specific types of judgments.

It should be noted that the court of the Member State of enforcement may stay the proceedings under certain conditions. This may be the case if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time limit for such an appeal has not yet expired (Art. 51 (1) EuGVVO, Art. 27 Brussels II).

Overall, the European legal framework, with the EuGVVO and Brussels II, has created a system that enables the relatively uncomplicated enforcement of foreign family court judgments in Germany and other EU Member States. This system is intended to promote legal cooperation, ensure efficient enforcement of judgments and uniformity in family law matters within the EU. However, it is essential that you contact our family law solicitors to discuss the specific requirements and enforcement procedures in your case.

When applying for the recognition and enforcement of a foreign family court ruling in Germany, certain documents are essential to initiate the process effectively. These include, among other things

Original of the foreign judgment or certified copy: You will need the original of the foreign judgment or a certified copy issued by the same authority that rendered the foreign judgment. This document is crucial as it serves as the basis for the recognition and enforcement process. Ensure it includes all relevant details, such as the names of the parties, the court’s decision, and any applicable orders or provisions.

Translation of the judgment: In most cases, if the foreign judgment is not in the official language of the country where recognition and enforcement are sought (in this case, German), you will need to provide an accurate translation of the judgment. A qualified and certified translator should perform the translation to ensure its validity in legal proceedings. This translation ensures that all parties involved, and the German court, can fully understand the content and implications of the foreign judgment.

Certificate of authenticity: Some jurisdictions require a certificate of authenticity or a verification of the foreign judgment. This confirms the legality and validity of the foreign judgment. Depending on the country of origin, this certificate may be issued by the foreign court or a competent authority in that country.

Application for recognition and enforcement: You will typically need to submit a formal application for recognition and enforcement to the appropriate German court. This application should outline the details of your case, including the nature of the foreign judgment, the parties involved, and the relief sought. Our lawyers can help you prepare and file this application correctly.

Additional supporting documents: Depending on the specifics of your case and the requirements of the German court, you may need to provide additional documents. These documents may include evidence of the judgment’s enforceability, applicable legal instruments or agreements, and other materials that support your application for recognition and enforcement.

Service of documents: It is important to note here that documents filed as part of the recognition and enforcement process are usually served on the person against whom enforcement is sought. This gives the other party the opportunity to respond or contest the enforcement if they so wish.

Given the complexities and potential variations in the requirements for recognition and enforcement of foreign family court rulings, consulting with our experienced family law team is highly advisable. We will guide you through the entire process to ensure that your interests and rights are protected.