GERMANY Law and Practice Contributed by: Marie Baronin von Maydell, Sophie Beckers, Sarah Schreinemachers and Rebecca Mohr, MAYDELL FamilyLaw
Recognition and enforcement of EU judgments For decisions from EU member states, enforcement is significantly simplified due to EU regulations, particu ‑ larly the EU Matrimonial Property Regulation and the EU Maintenance Regulation. These instruments gen ‑ erally abolish the need for a formal recognition (exe ‑ quatur) procedure. An enforceable judgment issued in one EU member state can be enforced directly in Germany upon presentation of the required certificate. Exequatur for non-EU judgments In contrast, decisions from non-EU countries are sub ‑ ject to national law and international treaties. In prin ‑ ciple, a foreign financial order must first be formally recognised by a German court before enforcement is possible. Recognition depends on conditions such as the jurisdiction of the foreign court, proper service of process, and compatibility with German public policy (ordre public). If an applicable international agree ‑ ment such as the Hague Maintenance Convention or the Lugano Convention exists, enforcement may be facilitated. 2.8 Media Access and Transparency in Financial Proceedings According to Section 170 of the Courts Constitution Act (GVG), proceedings and hearings in family mat ‑ ters are not public. In exceptional cases, the court may allow other persons to attend a hearing, but this is usually only possible if both parties agree. Such permission may be granted, for example, to trainee solicitors or other persons undergoing training. The media and press do not have access to these non-public Family Court proceedings. Court decisions in Germany are not published as a matter of course. Accordingly, courts or the judges themselves generally decide whether to publish a decision or to forward it for publication to publishers or other third parties. If a decision is published, it must generally be done so in an anonymised form in order to ensure data protection and safeguard the personal rights of those involved. 2.9 ADR in Financial Matters The competent court is obliged at every stage of the proceedings to attempt to reach an agreement before
delivering its judgment. It may refer the parties to out- of-court dispute resolution measures for this purpose. The judge also has the option of referring the matter to a trained mediation judge, with the consent of the parties involved. However, a refusal to participate in such measures does not lead to direct sanctions. A lack of effort to reach an agreement may have indirect effects – eg, on the decision on costs. If an agreement is reached out of court, it has the legal character of a civil law contract. Such agreements are often notarised or recorded as a court settlement, which makes them enforceable. Jurisdiction is based primarily on the grounds of Council Regulation (EU) No 2019/1111 of 25 June 2019 (Brussels IIb Regulation (recast)), which has been applicable in all EU member states except the Kingdom of Denmark since 1 August 2022. According to Article 7 of this Regulation, Germany, as a member state, has jurisdiction in matters of parental responsi ‑ bility if the minor child has his/her habitual residence in Germany at the time the court is seised. This applies regardless of whether the child or the parents hold the nationality of an EU member state bound by the Brus ‑ sels IIb Regulation or of a third country. If, according to the Brussels IIb Regulation, interna ‑ tional jurisdiction cannot be established for a German court, international jurisdiction may arise from Articles 5 et seq of the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforce ‑ ment and Co-operation in respect of Parental Respon ‑ sibility and Measures for the Protection of Children (1996 Hague Convention), provided that the child has his/her habitual residence in a contracting state of the 1996 Hague Convention that is not bound by the Brussels IIb Regulation. 3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings If jurisdiction also cannot be established under the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants (1961 Hague Convention), and the minor child
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