U.S. Judgment in Germany

How can you have your U.S. judgment recognized in Germany?

Generally, it is quite easy to have a foreign judgment recognized and enforced in Germany as there are different international bi-lateral and multilateral treaties between Germany and other countries in existence. For instance, for all countries of the European Union, the “Übereinkommen über die gerichtliche Zuständigkeit und die Vollstreckung gerichtlicher Entscheidungen in Zivil- und Handelssachen“ (EuGVÜ) replaced by the EuGVÜ is applicable. Furthermore, for countries of the European Free Trade Association the so called Lugano-Übereinkommen (LugÜ) is applicable.

However, there is no such Agreement between the United States and Germany. Therefore, if a U.S. judgment should be recognized and enforced in Germany, it is more complicated and burdensome, as it is said that every country has sovereignty with respect to whether to recognize a foreign judgment or not. The entire process from the recognition of the U.S. judgment until its enforcement will be threefold.

First, the judgment must be recognized, second, a further petition/complaint must be initiated to enforce the judgment, and third, the wages or any other assets the Debtor/Defendant owns that are located in Germany must be garnished.