Exequatur

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Under Exequatur is the procedure of the admission of foreign enforcement or awards for execution in Germany ( Exequatur ). This is not about the foreclosure procedure; rather, the requirements for the recognition of the decision and the granting of enforceability in Germany are examined in an objectively limited investigation procedure. Only then does the foreclosure follow. The problem always arises when a creditor has won a title abroad that he wants to enforce domestically. As a rule, this is not possible without further ado, rather a domestic court must firstdetermine whether the conditions for enforceability are met. These requirements may include compliance with essential procedural rules and a decision by a competent court. In Germany , mutual guarantees are also required. (See § 328 ZPO or Art. 34 EuGVVO).

With increasing cross-border legal relationships, individual countries have concluded bilateral agreements or multilateral conventions, according to which the enforceability of judgments has been made easier. In particular, the requirement of reciprocity ( Section 328 (1) No. 5 ZPO) was generally ensured by these agreements; In addition, many of these agreements contain a catalog of international jurisdictional issues, so that the requirement of indirect jurisdiction (contained in Germany for example in Section 328 (1) No. 1 ZPO) was largely unproblematic. In all of these cases, however, an exequatur procedure is still required, at least in Germany; Not a single one of these international treaties granted foreign enforcement titles eo ipso the effect of enforceability in Germany. This happened for the first time in Germany through Regulation 805/2004.

Procedure in individual countries

For the European Union , Regulation (EC) No. 44/2001 (Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters ), which the Brussels Convention on Jurisdiction and Enforcement of Judgments in civil and commercial matters) since March 1, 2002 in relation to all EU member states with the exception of Denmark, as well as Regulation (EC) No. 2201/2003 (Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters). With the regulation on European Enforcement Order (EC) No. 805/2004, which came into force on October 21, 2005, the EU-wide enforcement of undisputed claims (including acknowledgment and default judgments, enforcement notices and certain maintenance titles) was once again simplified and the previous enforcement procedure for such titles was abolished.

Important changes were made by Regulation No. 1215/2012 of December 12, 2012 (EuGVVO new version), which came into force in full from January 10, 2015 . The exequatur procedure was thus abolished : As of January 10, 2015 , decisions by national courts according to Art. 39 EuGVVO new version will be recognized and enforced in the member states without the need for a declaration of enforceability (in principle this also applies to public documents and court settlements). According to the new EuGVVO, a foreign title is enforced under the same conditions as a title issued by a court in the enforcing member state.

In Germany , an application to the regional court is procedurally required for enforcement titles from the scope of the EuGVVO , and a separate enforcement action according to § 722 ZPO (unless otherwise stipulated by international treaties) is required for declaring decisions from non-EU member states to be enforceable .

In California , New York and other states of the USA , foreign judgments in civil cases can in principle be recognized even without a guarantee of reciprocity, as long as general rule-of-law requirements (e.g. service on the defendant, judicial independence) are met.

Particularly with regard to the recognition and enforcement of Swiss judgments , the Lugano Convention (LugÜ) of September 16, 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters ( SR 0.275.11 ) must be observed.

See also

Individual evidence

  1. ↑ Uniform Foreign-Country Money Judgments Recognition Act ( Memento of the original from March 3, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.leginfo.ca.gov
  2. ^ The Recognition and Enforcement of Foreign Awards in New York State

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