Enforcing a US Judgment in Germany: Your Options When There's No Treaty

You won your case in the United States. The court entered judgment in your favor. The defendant owes you $500,000. There is only one problem: the defendant's assets are in Germany, and the defendant has no intention of paying voluntarily.

You might assume that you can simply take your US judgment to a German court and enforce it. After all, Germany is a modern, rule-of-law country with a sophisticated legal system. Surely there is a treaty or a mechanism for mutual recognition.

There is not.

This guide explains why US judgments face significant hurdles in Germany, what your actual options are, and how to navigate the enforcement landscape effectively.

Why US Judgments Are Not Directly Enforceable in Germany

The enforcement of foreign judgments in Germany is governed by § 328 ZPO (Code of Civil Procedure) and § 722 ZPO. Under these provisions, a foreign judgment can only be recognized and enforced in Germany if certain conditions are met — and one of the most important is reciprocity (Gegenseitigkeit).

Reciprocity means: Germany will recognize your country's judgments if your country recognizes German judgments under comparable conditions. The problem for US companies is straightforward: the United States does not guarantee reciprocity.

There is no bilateral treaty between the United States and Germany for the mutual recognition and enforcement of civil judgments. Unlike the relationship between EU member states (where the Brussels Regulation provides seamless enforcement) or countries that have ratified the Hague Judgments Convention, the US-Germany relationship has no such framework.

Why? Primarily because of fundamental differences in the legal systems:

• Punitive damages. German courts consider US-style punitive damages incompatible with German public policy (ordre public). A judgment that includes punitive damages will, at minimum, have that portion denied recognition.
• Jury trials. The German legal system is skeptical of fact-finding by lay juries, particularly in complex commercial cases.
• Discovery and due process. German courts have occasionally questioned whether US-style discovery and certain procedural practices meet German standards of procedural fairness.
• Class actions. The US class action mechanism has no equivalent in German law, and German courts view it with caution.

This does not mean that a US judgment can never be enforced in Germany. It means that enforcement is not automatic — it requires a separate proceeding, and the outcome is not guaranteed.

Option 1: Exequatur Proceedings (§ 722 ZPO)

The primary path to enforcing a foreign judgment in Germany is through Exequatur proceedings (Vollstreckungsurteil or Anerkennungs- und Vollstreckungsverfahren). This is a lawsuit filed before a German Landgericht that asks the court to declare the foreign judgment enforceable in Germany.

How It Works

You file a complaint with the German court, attaching the US judgment and requesting an enforcement order. The German court then examines whether the conditions of § 328 ZPO are met:

1. Jurisdiction. Did the US court have jurisdiction over the defendant under German jurisdictional standards? This is assessed from the German perspective, not the American one. Long-arm jurisdiction or jurisdiction based solely on the defendant's transient presence in the US may not be recognized.

2. Proper service. Was the defendant properly served under international standards? If the defendant was served in Germany, the Hague Service Convention must have been followed. Service by mail to Germany, which some US courts allow, is not recognized by German courts.

3. No conflicting judgment. There must be no prior German or other recognized judgment between the same parties on the same matter.

4. Public policy. The judgment must not violate German public policy (ordre public). This is the most significant hurdle. As noted above, punitive damages, excessive damage awards that appear disproportionate, and judgments based on proceedings that German courts consider fundamentally unfair will be refused recognition.

5. Reciprocity. As discussed, this requirement is the central problem. German courts have been inconsistent on whether reciprocity exists with the United States. Some courts have found it to exist in specific contexts; others have denied it. The BGH (Federal Court of Justice) has not issued a definitive ruling that would settle the question for all cases.

Practical Reality

Exequatur proceedings are slow and uncertain. The proceeding itself is a full lawsuit — the defendant can and will contest recognition. Expect 12–24 months for a first-instance decision, with the possibility of appeal.

The reciprocity question creates fundamental unpredictability. While some German courts have recognized specific US judgments (particularly from states like New York, where German judgments have been recognized), there is no blanket guarantee. Your attorney will need to research the specific precedents applicable to the US state where your judgment was entered.

Even if the German court recognizes the judgment, it will typically refuse to enforce the punitive damages portion and may reduce any part of the award it considers incompatible with German law.

When Exequatur Makes Sense

Despite these challenges, Exequatur proceedings can be the right choice when:

• The judgment is from a major commercial state (New York, Delaware, California) with precedents for reciprocity
• The judgment does not include punitive damages or other elements problematic under German public policy
• The amount is substantial enough to justify the cost and time
• Service was properly effected under the Hague Convention
• The underlying case involved clear, well-documented facts that German courts can verify

Option 2: Re-Litigate in Germany

In many cases, the more practical — and surprisingly faster — approach is to file a new lawsuit in Germany based on the underlying claim, rather than trying to enforce the US judgment.

Why This Can Be Better

• No reciprocity problem. You are bringing a fresh claim under German law (or whatever law applies to the contract). The question of whether Germany recognizes US judgments is irrelevant.
• Faster. A straightforward commercial claim at the Landgericht takes 6–12 months. This can be faster than Exequatur proceedings, which involve the additional complexity of arguing recognition under § 328 ZPO.
• More predictable. German courts apply German procedural law, which is well-established and predictable. You know what to expect.
• Broader remedies. In the new proceeding, you can claim interest at German rates, attorney fees under the loser-pays rule, and other remedies that might be more favorable than what the US judgment provides.

Key Consideration: Statute of Limitations

Before you can re-litigate, you need to check the German statute of limitations (Verjährung). The standard limitation period under German law is 3 years from the end of the year in which the claim arose (§ 195, § 199 BGB). If your original dispute is several years old, the German limitation period may have already expired — even if you obtained a US judgment within the US limitation period.

However, there is a critical nuance: filing the US lawsuit may have tolled the German limitation period, depending on the circumstances. Under German conflict-of-laws rules, the limitation period applicable to the underlying claim may be governed by the law that governs the substance of the claim (not necessarily German law). This requires careful legal analysis.

If the German limitation period has expired, re-litigation is not possible, and Exequatur remains your only option.

Res Judicata and Lis Pendens

One common question: if you already have a US judgment, does that prevent you from suing again in Germany? Under German law, a foreign judgment only creates res judicata (preventing re-litigation) if it has been recognized in Germany under § 328 ZPO. If recognition fails — which is the scenario we are discussing — the US judgment does not bar a new German lawsuit on the same claim.

This creates a strategic option: you can attempt Exequatur proceedings and, if they fail, file a fresh lawsuit. Or you can skip the Exequatur attempt entirely and go straight to re-litigation.

Option 3: Arbitration as an Alternative

If your dispute arises from a contract with an arbitration clause, the enforcement landscape changes dramatically — in your favor.

Germany is a signatory to the New York Convention (1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards). Under this convention, arbitral awards issued in the United States are enforceable in Germany through a streamlined procedure. The grounds for refusal are very narrow and do not include reciprocity.

What This Means in Practice

If your contract contains an arbitration clause:

1. Pursue arbitration in the US (or wherever the clause specifies)
2. Obtain an arbitral award
3. Apply for enforcement in Germany under § 1061 ZPO (which implements the New York Convention)

German courts routinely enforce US arbitral awards. The success rate is high. The procedure is faster than Exequatur for court judgments. And the public policy exception, while available, is applied very narrowly.

Lesson for the Future

If you are negotiating contracts with German business partners, include an arbitration clause. Specifically:

• Specify a recognized arbitration institution (ICC, DIS, LCIA, AAA/ICDR)
• Choose a seat in a New York Convention country
• Specify the governing law
• Agree on the language of proceedings

This single contractual provision eliminates the enforcement problem entirely.

UK Judgments Post-Brexit: A Changed Landscape

Before Brexit, UK court judgments were enforceable in Germany under the Brussels I Regulation (Recast) — automatically, without the need for Exequatur proceedings. This was seamless and efficient.

Since January 31, 2020 (and the end of the transition period on December 31, 2020), this is no longer the case. UK judgments are now treated essentially like judgments from any non-EU country.

Current Framework

The enforcement of UK judgments in Germany is now primarily governed by:

1. The Hague Convention on Choice of Court Agreements (2005). If your contract contains an exclusive jurisdiction clause in favor of a UK court, and both the UK and Germany are parties to the Convention (they are), the resulting UK judgment may be enforceable under this framework. This provides a relatively straightforward path — but it only applies when there is an exclusive jurisdiction agreement.

2. § 328 ZPO (German domestic law). For UK judgments not covered by the Hague Convention, the same rules apply as for US judgments — including the reciprocity requirement. However, the reciprocity analysis is more favorable for the UK than for the US, given the historical parallels between the legal systems and the existence of the prior Brussels framework.

3. The Hague Judgments Convention (2019). Both the UK and the EU have expressed interest in this convention, which would provide broader mutual recognition of judgments. As of early 2026, the practical application is still developing, and ratification status should be verified for your specific case.

Practical Impact for UK Businesses

If you are a UK company with a dispute involving a German party:

• Contracts with exclusive jurisdiction clauses in favor of UK courts: enforcement under the Hague Choice of Court Convention is generally possible.
• Contracts without jurisdiction clauses or with non-exclusive clauses: enforcement is uncertain and requires case-by-case analysis under § 328 ZPO.
• Best practice going forward: include an arbitration clause in all contracts with German counterparties. This bypasses the entire recognition problem via the New York Convention.

Strategic Recommendations

Based on our experience representing international clients in German enforcement proceedings, here are the key takeaways:

If You Already Have a US Judgment

1. Assess the judgment. Does it contain punitive damages or other elements that German courts would refuse? If so, consider whether the enforceable portion alone justifies the proceeding.
2. Check the service. Was the defendant properly served under the Hague Service Convention? If not, this is a fatal flaw for recognition.
3. Evaluate both paths. Get a cost and timeline estimate for both Exequatur and re-litigation. In many cases, re-litigation in Germany is faster and more predictable.
4. Check the limitation period. If the German limitation period may have expired, Exequatur is your only option.

If You Are Planning Future Transactions

1. Use arbitration clauses. This is the single most effective step you can take to ensure enforceability.
2. Choose exclusive jurisdiction clauses carefully. If you prefer court litigation, an exclusive German jurisdiction clause eliminates the enforcement problem entirely — you litigate in Germany from the start.
3. Document everything. Since Germany has no discovery, you need to maintain your own evidence. Good records are your best insurance against enforcement problems.

If the Defendant Has Assets in Germany

Before pursuing any enforcement strategy, identify and secure the defendant's assets. German law provides tools for interim asset preservation:

• Arrest (dinglicher Arrest, § 916 ZPO) — a pre-judgment attachment of assets
• Preliminary injunction (einstweilige Verfügung) — to prevent the defendant from transferring assets

These measures can be obtained quickly, often within days, and can dramatically improve your negotiating position.

Need Help Enforcing a Judgment in Germany?

If you hold a US or UK court judgment and need to enforce it against assets in Germany, we can help you evaluate your options and choose the most effective strategy. Fatih Bektas is a German-qualified attorney with over 20 years of experience in cross-border litigation and enforcement.

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