Litigation

How to enforce court decisions?

In practice, a judgment is only helpful to your company if it can be enforced. Our law firm supports the national or cross-border enforcement of judgments and arbitral awards from France, Germany, and other jurisdictions.

How is a judgement or arbitral award enforced in Germany or France?

Our lawyers specializing in litigation enforce legally prescribed measures, particularly those involving movable assets (property seizure), immovable assets (compulsory mortgages, foreclosures, and receiverships), and account seizures and wage garnishments. Depending on the country where the enforcement order is to be executed, our lawyers will advise you on the appropriate procedure, requirements, and expected deadlines. Additionally, our lawyers can assist you in obtaining an enforceable title and with exequatur proceedings if you need to recognize and enforce a foreign (non-European) decision in Germany or France. The same applies to the recognition and enforcement of foreign arbitral awards in exequatur proceedings.

What steps should be taken if the other party fails to comply with the obligations imposed by a court ruling (or arbitration award) ?

Enforcement measures may be initiated if a court decision is ignored or not implemented on purpose, in particular :

  • The seizure and auctioning of the debtor’s assets (movable property and real estate)
  • The seizure of accounts in order to gain direct access to bank balances,
  • Other seizures of claims, e.g., in the case of existing claims by the debtor against business partners or wage garnishment in the case of a private individual

Our lawyers specializing in enforcement law will advise you on the most efficient means of enforcement for your case.

How can a foreign judgment (or arbitral award) be recognized or declared enforceable?

A judgment (or arbitral award) issued in a third country is not automatically recognized as legally binding in Germany. Our lawyers specializing in international law can guide you through the process of having the decision declared enforceable in Germany. They will examine applicable European regulations and international agreements, such as the Brussels Ia Regulation, the Lugano Convention, the Hague Convention, and the New York Convention. They will also assist you in compiling the necessary documents. Once recognition or enforceability has been granted, we will implement the appropriate enforcement measures in the relevant legal system.

You have any other questions?

Please feel free to ask them directly here.

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