Act To The Execution Of Intergovernmental Agreements And The Implementation Of Agreements Of The European Union In The Field Of The Recognition And Enforcement In Civil And Commercial Matters

Original Language Title: Gesetz zur Ausführung zwischenstaatlicher Verträge und zur Durchführung von Abkommen der Europäischen Union auf dem Gebiet der Anerkennung und Vollstreckung in Zivil- und Handelssachen

Read the untranslated law here: http://www.gesetze-im-internet.de/avag_2001/BJNR028810001.html

Act to the execution of intergovernmental agreements and the implementation of agreements of the European Union in the field of the recognition and enforcement in civil and commercial matters (recognition and enforcement implementation Act - AVAG) AVAG Ausfertigung date: 19.02.2001 full quotation: "recognition and enforcement implementation act as amended by the notice of December 3, 2009 (BGBl. I S. 3830), most recently by article 1 of the law of December 10, 2014 (BGBl. I S. 2082;)" 2015 i 1034) has been changed"was: Neugefasst by BEK. v. 3.12.2009 I 3830 amended by art. 1 G v. 10.12.2014 I 2082; Learn 2015 i 1034 to the stand number in the menu see remarks footnote (+++ text detection from: 1.3.2001 +++) heading: IdF d. Article 1 No. 1 G v. 17.4.2007 I 529 iVm BEK. v. 12.6.2007 I 1058 mWv 1.7.2007 u. d. Article 5 No. 1 G v. 8.7.2014 I 890 mWv 10.1.2015 the G as article 1 d. G v. 19.2.2001 I 288 (AVAuslEntschG) with the consent of the Federal Council adopted. It is under article 3 clause 1 of this G on 01.03.2001 entered into force.

Table of contents Part 1 General section 1 scope of application; Definitions article 1 scope article 2 definitions section 2 approval of the forced enforcement of foreign titles section 3 jurisdiction section 4 submission section 5 addressee § 6 procedure § 7 enforceability of foreign titles in special cases section 8 decision article 9 enforcement § 10 which decision section 3 complaint enforcement defense dispute section 11 filing the appeal; Appeal period section 12 objections against the claim to be enforced in the complaint procedure § 13 procedure and decision on complaint section 14 enforcement defense dispute section 4 appeal section 15 lawfulness and period section 16 filing and rationale section 17 procedures and decision-making section 5 limitation of enforcement on security measures and unlimited continuation of enforcement of § 18 restriction power Act § 19 check the limitation of section 20 safety performance by the obligated party section 21 auction goods section 22 unlimited continuation of enforcement; Special Court orders section 23 unlimited continuation of enforcement of § 24 approved by the Court of first instance unlimited continuation of enforcement of section 6 approved by the appeal court determination of the recognition of a foreign judgment § 25 procedure and decision on the merits of section 26 cost decision section 7 repeal or change the decisions concerning the approval of enforcement or recognition of section 27 procedure after termination or amendment of the foreign title declared to be enforceable in the State of origin article 28 damages for wrongful enforcement § 29 abolish or amend foreign Decisions, whose recognition found is section 8 rules for decisions of German courts and the procedure of article 30 completion of domestic decisions for use abroad article 31 enforcement for use abroad § 32 procedure with delivery abroad section 9 ratio to special recognition procedures; Concentration empowerment § 33 (dropped out) § 34 concentration empowerment part 2 special section 1 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 27 September 1968 and September 16, 1988 section 35 special rules about the time limit for appeal section 36 stay of the appeal proceedings section 2 (dropped out) §§ 37 to 39 (dropped out) section 3 Treaty of June 17, 1977, between the Federal Republic of Germany and the Kingdom of Norway on the mutual recognition and enforcement of judgments and authentic instruments in civil and commercial matters article 40
Deviations of section 22 section 41 derogations from article 23 § 42 deviations from section 24 § 43 string arrangements for the appeal procedure section 44 more special provisions section 4 Treaty of July 20, 1977, between the Federal Republic of Germany and the State of Israel on mutual recognition and enforcement of judgments in civil and commercial matters article 45 deviations of section 22 § 46 derogations from article 23 § 47 deviations of section 24 section 48 consequential arrangements for the appeal procedure § 49 more special provisions section 5 (dropped out) sections 50 to 54 (dropped out) section 6 Convention of October 30, 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters article 55 deviations from provisions of the general part; supplementary provisions article 56 special provisions for the defensive action of enforcement of § 57 certificates to domestic titles part 1 General section 1 scope of application; Definitions article 1 scope of application (1) this law are subject to 1 the execution of the following intergovernmental agreements (recognition and contracts of enforcement of): a) Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (BGBl. 1972 II S. 773);
b) Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters (BGBl. 1994 II p. 2658).
c) Treaty of June 17, 1977, between the Federal Republic of Germany and the Kingdom of Norway concerning the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters (BGBl. 1981 II p. 341);
d) Treaty of July 20, 1977, between the Federal Republic of Germany and the State of Israel on mutual recognition and enforcement of judgments in civil and commercial matters (BGBl. 1980 II p. 925);
e) Treaty of November 14, 1983, between the Federal Republic of Germany and Spain concerning the recognition and enforcement of judicial decisions and compare and enforceable authentic instruments in civil and commercial matters (BGBl. 1987 II p. 34);
2. the implementation of the Convention by 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) agreements referred to in paragraph 1 number 2 be as directly applicable European Union law through the implementation of provisions of this Act shall not affect. Also the rules of recognition and enforcement contracts remain unaffected; This applies in particular to the rules on 1 the material scope, 2. the nature of the decisions and other titles that can be recognized or admitted to the enforcement in the domestic, 3. the requirement of the legal force of the decisions, 4 are the type of documents to be submitted in the proceedings, and 5. the reasons which lead to the refusal of the recognition or approval of the execution.
(3) the scope of the foreign Maintenance Act of May 23, 2011 (Federal Law Gazette I p. 898) shall remain unaffected.

Article 2 definitions for the purposes of this Act is 1 MS each Member State of the European Union, 2 title every decision, every court settlement, and any public document, or the each perform recognition and enforcement agreement after article 1 paragraph 1 number 1 or the agreement carried out each application is number 2 according to article 1, paragraph 1, and each State, with which the Federal Republic of Germany a 3rd party recognition and Treaty of enforcement of number 1 has completed pursuant to section 1, paragraph 1.
Section 2 registration of the forced enforcement of foreign titles section 3 jurisdiction (1) for the Declaration of enforceability of titles from the District Court of another State is exclusively responsible.
(2) jurisdiction is exclusively the Court in whose district the debtor has his domicile, or, if he is not domiciled in Germany, the Court in whose district the enforcement is to be carried. The headquarters of companies and legal persons shall be equivalent to the residence.
(3) the Chairman of a Civil Chamber shall on the request for grant of enforcement.

§ 4 approved submission of (1) which is enforceable in another State this on enforcement that he provided at the request of the enforcement clause.
(2) the application for the enforcement may be submitted to the competent court in writing or orally to the Court of Office.
(3) as the Court the request contrary to section 184 of the courts act not in German language is drafted, may order the applicant, to teach a translation of the application whose Richtigkeit authorized person has been confirmed by a 1 in a Member State of the European Union or in another Contracting State to the agreement on the European economic area or 2nd in a Contracting State of each to perform recognition and Treaty of enforcement of for this purpose.
(4) the copy of the title with the enforcement should be provided, and if such is presented his translation, should be accompanied by two copies.

§ 5 delivery recipients


(1) has the applicant person in the application named no ad litem in the sense of article 184 paragraph 1 sentence 1 of the code of civil procedure, all deliveries to them by item to the post office (article 184, paragraph 1, sentence 2 and paragraph 2 of the code of civil procedure) may be effected up to the subsequent designation.
(2) paragraph 1 shall not apply where the applicant person has appointed a procedural representative for the procedure to the made in Germany.

Article 6 procedure (1) the Court decides without hearing of the debtor.
(2) the decision is taken without oral proceedings. However, a verbal discussion can take place with the applicant or his authorised representative, if the applicant or agent hereby agrees and the discussion of acceleration is used.
(3) in the first instance, representation by a lawyer is not required.

§ 7 enforceability of foreign titles in special cases (1) depends on the execution according to the content of the title of an incumbent upon the legitimate safety performance, the expiry of a period or the entry of a different fact or the enforcement clause in favour of another as the beneficiaries referred to in the title or against one applied other than the debtor referred to therein, so the question is to what extent the approval of enforcement by the detection of special conditions or depending on whether the title for or against the other It is enforceable under the laws of the State to decide where the title is built. The proof is to lead by deeds, except that the facts before the Court are obvious.
(2) if the proof is not routed through documents, the obligated party shall at the request of the person entitled to hear. In this case, all evidence are allowed. The Court may order oral proceedings also.

Section 8 is to allow the execution of the title, so the Court decides that the title of the enforcement clause is to provide decision (1). The obligation to supersedes in German language is to play in the decision. To the grounds of the decision, usually referring to the executed agreement is sufficient the European Union or to perform recognition and enforcement contract, as well as documents submitted by the applicant. Article 788 of the code of civil procedure is apply mutatis mutandis on the costs of the proceedings.
(2) if the application is inadmissible or unfounded, so the Court reasoned decision rejects him. The cost is to impose on the applicant.

Article 9 enforcement clause (1) on the basis of the decision according to § 8 paragraph 1 the clerk of the Court granted the enforcement clause, as follows: "enforcement pursuant to § 4 of the recognition and execution act of enforcement of. In accordance with the decision of the... (Name of the Court and of the decision) is the foreclosure... (Name of title) in favor of... (Designation of the beneficiary) against... (Name of the debtor) allowed.
The obligation to supersedes is:... (Indication the debtor from the foreign title if obligation in German; from the decision to accept article 8, paragraph 1).
Enforcement may not go beyond measures to secure, until the creditor an injunction or a witness submits that enforcement can take place without restriction."
The title performance by money, it is the enforcement clause to append additional the following: "as long as the enforcement may not go beyond measures to secure, the debtor can enforcement through the lodging of a security in the amount of..." (Indication of the amount because of that, the beneficiary may enforce) turn away."
(2) if enforcement only for one or more of the approved by the foreign judgment or laid down in another foreign title claims or only for a part of the object of the obligation is approved, that is as "part enforcement pursuant to § 4 of the recognition and enforcement implementation Act" described enforcement clause.
(3) the enforcement is to be signed by the Registrar of the Office and to the Court seal. She must be set on the copy of the title or on a sheet to connecting. If there is a translation of the title, it is to connect with the copy.

Section 10 notification of the decision (1) In the case of § 8 paragraph 1 are a certified copy of the decision, a certified copy of the title bearing the enforcement and certificates in accordance with § 8 paragraph 1 sentence 3 in terms taken, where appropriate, its translation, as well as the Office to deliver the committed.
(2) must be made delivery to the committed abroad or by public notice and the Court considers that through it according to § 8 paragraph 1 or later the appeal period according to § 11 paragraph 3 sentence 1 for sufficient, as determined in the decision special decision, which was made without oral proceedings, a longer time limit for appeal. The provisions about the beginning of the time limit for appeal remain unaffected even in the event of subsequent fixing.
(3) article 8, in the case of § 8 paragraph 1 making out with the enforcement of the title are the applicant a certified copy of the decision after and a document certifying the caused delivery to send. In the cases of paragraph 2 is to note: deadline for submitting the claim on the certificate of service caused.
Section 3 complaints, enforcement defense dispute article 11 filing the appeal; Appeal period (1) the appeal against the first instance decision concerning the application for the enforcement clause is inserted at the Court of appeal by filing a notice of appeal or by declaration to the Court of Office. Appellate court is the Court of appeal. The number required for their delivery should be accompanied by copies of the notice of appeal.
(2) the admissibility of the appeal is not touched, that they take place at the Court of appeal at the Court of the first instance inserted; the appeal is to surrender without delay by virtue to the appellate court.
(3) the appeal of the debtor against the approval of the foreclosure is within one month, to insert in the case of article 10 paragraph 2 sentence 1 within the extended time limit given under that provision. The appeal period starts with the delivery according to § 10 paragraph 1. It is a period of grace.
(4) the complaint shall be notified to the respondent by virtue.

§ 12 objections to the claim to be enforced in the appeal proceedings (1) the obligated party can appeal, which is aimed against the approval of the enforcement of a decision, even as far as assert also objections against the claim, the reasons on which they are based, are incurred only after the adoption of the decision.
(2) with the complaint, which is directed against the approval of the execution from a court settlement or an authentic instrument, the obligated party can assert the objections against the claim itself regardless of the limitation contained in paragraph 1.

Article 13 procedure and decision on complaint (1) the appellate court decide decision, which is fitted with reasons and can be issued without oral proceedings. The respondent can be heard before the decision is taken.
(2) If an oral hearing is not arranged, can be applications made to the Court of Office and submitted observations. Is the hearing is arranged, article 215 of the code of civil procedure applies to the charge.
(3) a complete copy of the decision is also then officio ensure the legitimate and the debtor if the decision has been announced.
(4) as far as the enforcement from the title to admit for the first time is according to the decision of the Court of appeal, the clerk the clerk of the appeal court granted the enforcement clause. Article 8, paragraph 1, sentence 2 and 4, §§ 9 and 10 set 1 are paragraphs 1 and 3 apply mutatis mutandis. An addition that enforcement may not go beyond about measures to secure, is to record only if the Court of appeal a arrangement under this Act (section 22 par. 2, article 40, paragraph 1 number 1 or § 45 para 1 No. 1) has adopted. The contents of the supplement is determined by the contents of the.

§ 14 enforcement defense dispute (1) is the enforcement of a title approved so which may only assert obligated party objections against the claim itself in a proceeding pursuant to § 767 of the civil procedure code, if the reasons on which its objections are based, first 1. after expiry of the period within which it would have the appeal can insert, or 2. If the appeal is filed, have arisen after this procedure.

(2) the action is according to § 767 of the civil procedure code to raise, has decided on the application for granting the enforcement court. As far as the lawsuit has a maintenance title to the subject, the family court has jurisdiction; the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply for the territorial jurisdiction for matters relating to maintenance.
Section 4 appeal § 15 loc. and deadline (1) against the decision of the Court of appeal finds the appeal after in accordance with § 574, paragraph 1 point 1, paragraph 2 of the civil procedure code instead.
(2) the appeal shall be within one month.
(3) the legal appeal period is a period of grace and starts with the delivery of the decision (article 13 paragraph 3).

§ 16 appeal and statement of grounds (1) the appeal is filed by submitting the notice of appeal in the Federal Court.
(2) the appeal shall be justified. Section 575 paragraph 2-4 of the code of civil procedure shall apply accordingly. As far as the appeal is based on it, that the appellate court had deviated from a decision of the Court of Justice of the European Union, the decision differs from that of the contested decision, must be regarded.
(3) with the notice of appeal, a copy or certified copy of the decision against which the appeal is directed to be presented.

Article 17 procedure and decision (1) who can Federal Court only check whether the decision is based on a breach of the rules of the European Union, a recognition and enforcement agreement, other federal law or any other provision whose scope extends over the District of the higher regional court also. He must consider whether the Court has wrongly assumed its territorial jurisdiction.
(2) the Federal Court may decide the appeal without oral proceedings. Section 574, paragraph 4, article 576, paragraph 3, and section 577 of the code of civil procedure shall apply accordingly the proceedings on the appeal.
(3) as far as enforcement from the title for the first time allowed by the Federal Court, the clerk of the clerk of this Court granted the enforcement clause. Paragraphs 1 and 3 sentence 1 shall apply article 8, paragraph 1, sentence 2 and 4, articles 9 and 10. An additional restriction enforcement is eliminated.
Section 5 restriction enforcement on security measures and unlimited continuation of enforcement of § 18 limitation of law enforcement is limited to security measures as long as the time limit for the filing of the appeal is still running and as long as it is not yet decided on the appeal.

§ 19 objections the debtor in enforcement the restriction on security measures after the perform recognition and enforcement contract, according to § 18 of this Act or on the basis of a law-based arrangement (section 22 par. 2, §§ 40, 45) not will adhere to, or objections of the person entitled, that a certain measure of enforcement with this restriction was compatible, are testing the limit to make by way of remembrance according to § 766 claim of civil procedure at the Court (article 764 of the civil procedure code).

Article 20 safety performance by the debtor (1) as long as the enforcement from a title that is power of money, should not go beyond measures of protection, is the obligated party empowered to avert foreclosure by the lodging of a security equal to the amount, because of that, the beneficiary may enforce.
(2) the foreclosure is set and already taken enforcement measures are to pick up if the debtor through a public document proves the security power required to stave off the foreclosure.

§ 21 auction goods is gepfändet a movable and must not go beyond enforcement measures to secure, so the Court on application may order that the thing sold and the proceeds will deposited when it is exposed to the risk of a significant reduction in value or if their storage would cause disproportionate costs.

Section 22 unlimited continuation of enforcement; Special Court orders (1) the appellate court rejects the appeal of the debtor against the approval of the foreclosure or permits the execution of the title on the complaint of the person entitled, as the compulsory execution measures to secure, can be continued.
(2) the appellate court may order at the request of the debtor, that until the end of the period the appeal of the law (article 15) or until a decision on this complaint enforcement not or only against security measures to safeguard go beyond May. The arrangement may not be required if is made credible that further enforcement there would be a disadvantage not to replace the maintenance debtor. section 713 of the code of civil procedure shall apply accordingly.
(3) is filed appeal, the Federal Court of Justice at the request of the debtor may adopt an arrangement referred to in paragraph 2. The Federal Supreme Court may amend an executive order referred to in paragraph 2 of the appellate court at the request of the person entitled or revoke.

Article 23 unlimited continuation of execution (1) approved by the Court of first instance enforcement from the title of the clerk of the Court of the Court of first instance has provided with the enforcement clause, is to continue at the request of the entitled party about measures to safeguard, if the certificate of the Registrar of the registry of this Court, that the enforcement can take place without restriction.
(2) the testimony is to the owner at his request to grant, 1 if the obligated party no appeal filed up to the expiry of the appeal period, 2nd if the appellate court has rejected the appeal of the debtor and any arrangement adopted in accordance with section 22 par. 2, 3 when the Federal Court overturned the order of the Court of appeal pursuant to article 22, paragraph 2 (§ 22 paragraph 3 sentence 2) or 4 If the Federal Supreme Court has approved the title to the foreclosure.
(3) from the title the enforcement may no longer take place, even if it is confined to measures of protection, as soon as a decision of the Court of appeal, that the title will not admitted to the foreclosure, announced or is set to.

Section 24 enforcement from the title, to the clerk of Court of the Court of appeal the enforcement clause with the addition has, that the levy of execution on the basis of the order of the Court do not have measures to secure must go beyond (section 13 paragraph 4 sentence 3), is granted at the request of the person entitled through unlimited continuation of enforcement (1) approved by the appeal court to continue measures to secure , if the certificate of the Registrar of the registry of this Court, that the enforcement can take place without restriction.
(2) the witness is the person entitled on his request to grant 1 if the debtor has submitted until the expiration of the time limit for the filing of the appeal (§ 15 paragraph 2) no notice of appeal, 2. when the Federal Court overturned the order of the Court of appeal pursuant to article 22, paragraph 2 (§ 22 paragraph 3 sentence 2), or 3. If the Federal Court has rejected the appeal of the debtor.
Section 6 procedures and decision on the merits (1) on the process that has the statement about the subject, whether a decision of another State to recognize is, are finding the recognition of a foreign judgment section 25 which sections 3 to 6, 8 paragraph 2, pursuant to sections 10 to 12, section 13, paragraph 1 to 3, the §§ 15 and 16 and article 17, paragraph 1 and 2 according to apply.
(2) the application for assessment is justified, so the Court decides that the decision is to be recognised.

Article 26 the costs are costs decision in the cases of § 25 paragraph 2 to impose on the defendant. This may limit the appeal (§ 11) deciding on the cost. In this case, the costs are imposing on the applicant, if the defendant has not given reason by his behaviour to the request to be established.
Section 7 cancellation or change the decisions concerning the approval of enforcement or recognition section 27 procedures to repeal or amendment of the foreign title declared to be enforceable in the State of origin (1) the title is repealed or modified in the State in which he has been built, and can the debtor claim no longer this fact in the process of approval of the foreclosure , so he may apply for the annulment or amendment of approval in a special process.
(2) for the decision on the application, the Court is solely responsible, has decided in the first instance on the application for granting the enforcement clause.

(3) the application can be made at the Court to the Court of Office in writing or by declaration. The application can be decided without oral proceedings. Prior to the decision, which was made by resolution, the party entitled to be heard. Article 13, paragraph 2 and 3 shall apply mutatis mutandis.
(4) the decision is subject to sections 567 to 577 of the code of civil procedure the complaint to. The period of grace for filing of the instant appeal is one month.
(5) for the setting of the levy of execution and the abolition of existing enforcement measures, the §§ 769 and 770 of the code of civil procedure are apply mutatis mutandis. The lifting of an enforcement measure is permitted also without safety performance.

Section 28 is damages for wrongful enforcement (1) approval of the levy of execution on the complaint (article 11) or the appeal (§ 15) repealed or amended, the person entitled to the compensation for damage shall be obliged, caused the debtor through the enforcement of title or by a power to avert the enforcement. The same applies if the permit of enforcement is lifted after § 27 or amended, unless the decision approved on enforcement at the time of registration could be challenged under the law of the State in which she acted, with an ordinary appeal.
(2) for the assertion of the claim, the Court has decided in the first instance on the application to provide the title, with the enforcement clause is exclusively responsible.

§ 29 suspension or change of foreign judgments, whose recognition established is the decision in the State in which she happened, set aside or amended and can the party of beneficiaries no longer assert this fact in the proceedings on the application for declaration of recognition (section 25), is to apply article 27 paragraph 1 to 4 according to.
Section 8 rules for decisions of German courts and the procedure of article 30 completion of domestic decisions for use abroad (1) wants to assert a failure - or consent decree that has been taken off b of the code of civil procedure in shortened form according to § 313, in a Member State or other contract - a party, so is the judgment at their request to complete. The application can be made at the Court in writing or by declaration to the Court of Office. The application will be decided without oral proceedings.
(2) to the completion of the judgment are the facts and the reasons for the decision subsequently to Word, be signed by the judges especially, and to pass the Office; the facts and the reasons for the decision can be signed also by judges who have not participated in the judgment.
(3) § 320 of the code of civil procedure applies for the rectification of the subsequently worded offence. But also such judges to participate in the decision on the request for correction, which have not participated in the judgment or the subsequent preparation of the offence.
(4) the preceding paragraphs shall apply mutatis mutandis for the completion of arrest commands, interim and interlocutory injunctions, which are to be asserted in a Member State or other contract and are not accompanied by a statement of reasons.

31 enforcement clause to use overseas enforcement notices, arrest orders and injunctions or temporary injunctions, which foreclosed is to be operated in a Member State or other contract are also be provided, if this would not be required for enforcement in Germany according to § 796, para 1, § 929, paragraph 1 and section 936 of the code of civil procedure or after article 53, paragraph 1, and article 119 of the law on the procedure in family matters and in matters of voluntary jurisdiction with the enforcement.

§ 32 procedure with delivery in foreign countries (1) the order for payment procedure also takes place when service of the payment order in a Member State or other treaty - must be effected. In this case, the claim can have also the payment of a specific sum of money in foreign currency to the item.
(2) the applicant contends, that the Court on the basis of a jurisdiction agreement is responsible, he has the necessary documents concerning the agreement to add the payment request.
(3) the opposition period (692, paragraph 1 No. 3 of the code of civil procedure) is one month.
Section 9 relative to special recognition procedures; Concentration empowerment § 33 (dropped out) § 34 concentration empowerment (1) which are State Governments for the implementation of this Act authorized by regulation of them to assign the decision on applications for the enforcement of foreign titles in civil and commercial matters, on proposals to repeal or amendment this enforcement and on applications for determination of the recognition of a foreign judgment for the districts of several district courts one, insofar as this serves the substantive promotion or faster completion of the procedure. By authorising the can number 1 letter a and b of recognition referred to and contracts of enforcement of for everyone in article 1 paragraph 1 and for which in article 1 paragraph 1 number 2 named agreements of the European Union individually be used.
(2) the provincial governments can confer the empowerment Ordinance on the land justice administrative authorities.
Part 2 is special section 1 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 27 September 1968 and September 16, 1988 the period for the appeal of the debtor against the decision authorising enforcement is section 35 special rules about the time limit for appeal two months and begin from the day on which the decision has been delivered to the debtor either in person or in his apartment , if the debtor has his domicile or his seat in another Contracting State to this Convention. An extension of this deadline because distance is excluded. Article 10, paragraph 2 and 3 shall not apply in these cases set 2 as well as article 11, paragraph 3, sentence 1 and 2.

Section 36 suspension of appeal proceedings (1) that Court of appeal can suspend its decision on the complaint against the approval of the foreclosure at the request of the debtor if an ordinary appeal lodged against the decision in the State of origin, or the time limit for this still not passed; in the latter case, the Court of appeal can determine a period within which the appeal to insert is. The Court can make the enforcement of a guarantee.
(2) the provisions of paragraph 1 is in the determination of the recognition of a judgment (paragraphs 25 and 26) according to to apply.
Section 2 (dropped out) section 37 (dropped out) section 38 (dropped out) section 39 (dropped out) section 3 Treaty of June 17, 1977 between the Federal Republic of Germany and the Kingdom of Norway on the mutual recognition and enforcement of judgments and authentic instruments in civil and commercial matters article 40 deviations of section 22 (1) the Court rejects the appeal of the debtor against the approval of the foreclosure or allows the execution of the title on the complaint of the person entitled , so it decides by way of derogation of article 22 paragraph 1 at the same time about whether the compulsory execution measures to secure, can be continued: 1 evidence, that the decision is final, is not included in a denominated in a specific amount of money decision so orders the Court of appeal, that the enforcement only after a Norwegian force of law certificate in addition to translation (article 14 paragraph 1 number 2 and 6 and paragraph 2 of the Treaty) can take place without restriction.
2. is the proof that the decision is final, or is the title of a court settlement, so the Court of Appeal ordered that enforcement can take place without restriction.
(2) § 22 paragraph 2 and 3 shall remain unaffected.

Section 41 deviations of section 23 (1) is enforcement of the title, the clerks of the District Court with the enforcement has provided, to continue (§ 23 paragraph 1), if a court order pursuant to section 40 paragraph 1 number 1 or section 22 par. 2 and 3 will be presented and that certain conditions are met at the request of authorized even on measures to secure.
(2) a certificate in accordance with section 23 paragraph 1 is only to give number 1 to the owner at his request by way of derogation from article 23, paragraph 2, if the debtor until the expiry of the appeal period has filed a notice of appeal, and if 1 the person entitled in a decision denominated in a specific amount of money proves, that the decision is final (article 14 paragraph 1 number 2 and 6 and paragraph 2 of the Treaty) , 2. the decision on a certain sum of money is, or 3 the title is a court settlement.
§ 23 paragraph 2 does not apply number 2 to 4.
(3) section 23, paragraph 3 shall remain unaffected.

Section 42 variances by section 24


The execution of the title, to the clerk of the Court of the higher regional court has granted the enforcement, is to continue by way of derogation from article 24 paragraph 1 at the request of the legitimate only in the context of a court order under section 40 or section 22 par. 2 and 3. A special certificate of the Registrar of the Office is not required.

§ Are listed regulations apply accordingly also the sections 40 and 42 in addition to the 43 string arrangements for the appeal procedure (1) the proceedings on the appeal in section 17, paragraph 2, sentence 2.
(2) the Federal Court number 1 issued an order pursuant to paragraph 1 in connection with article 40, paragraph 1, an additional derogation from article 17, paragraph 3, sentence 3 is so to record that enforcement may not go beyond measures to secure. The contents of the supplement is determined by the contents of the.

Section 44 more special provisions (1) the obligated party must not resident in Germany, so also the Landgericht is locally responsible for the Declaration of the enforceability of decisions and judicial comparisons in the district, which has committed assets.
(2) the decision on the performance of a certain sum of money is needed for admission to the execution not proof, that the decision is final (article 10 paragraph 2 and article 17 paragraph 1 sentence 2 of the Treaty).
(3) on the procedure on the appeal of the debtor against the approval of the foreclosure, section 12 paragraph 2 does not apply. Article 12, paragraph 1 shall apply mutatis mutandis for the complaint directed against the approval of the execution from a court settlement.
(4) the rules on the determination of the recognition of a judgment (paragraphs 25 and 26) and abolish or amend this statement (§ 29 in connection with section 27) do not apply.
Section 4 agreement of 20 July 1977 between the Federal Republic of Germany and the State of Israel on mutual recognition and enforcement of judgments in civil and commercial matters article 45 deviations of section 22 (1) the Court rejects the appeal of the debtor against the approval of the foreclosure or allows enforcement of the title on the complaint of the person entitled, by way of derogation from article 22, paragraph 1 at the same time it shall decide , whether the compulsory execution measures to secure, can be continued: 1. proof that the decision is final, is unlisted, so the higher regional court orders, that enforcement only after an Israeli force certificate in addition to translation (article 15 paragraph 1 number 2 and 7 of the Treaty) may take place without restriction.
2. is the proof that the decision is final, or has an obligation to pay maintenance to the subject of the decision or is the title of a court settlement, so the Court of Appeal ordered that enforcement can take place without restriction.
(2) § 22 paragraph 2 and 3 shall remain unaffected.

§ 46 deviations of section 23 (1) is the enforcement from the title, the clerks of the District Court with the enforcement has provided, to continue (§ 23 paragraph 1), if a court order according to § 45 para 1 number 1 or section 22 par. 2 and 3 will be presented and that certain conditions are met at the request of authorized even on measures to secure.
(2) a certificate in accordance with section 23 paragraph 1 is by way of derogation from article 23, paragraph 2 only to grant number 1 to the owner at his request, if the debtor has filed no appeal until the expiry of the appeal period and if 1 the legitimate evidence, that the decision is final (article 21 of the Treaty), 2. an obligation to pay maintenance to the subject has the decision (article 20 of the Treaty) or 3 the title is a court settlement.
§ 23 paragraph 2 does not apply number 2 to 4.
(3) section 23, paragraph 3 shall remain unaffected.

Section 47 is deviations from section 24 enforcement from the title, to the clerk of the Court of the higher regional court has granted the enforcement, by way of derogation from article 24 paragraph 1 at the request of the legitimate only in the context of a court order under section 45 or section 22 par. 2 and 3 to continue. A special certificate of the Registrar of the Office is not required.

§ Regulations listed apply accordingly also the sections 45 and 47 are 48 string arrangements for the appeal procedure (1) the proceedings on the appeal in addition to in § 17 paragraph 2 sentence 2.
(2) the Federal Court number 1 issued an order pursuant to paragraph 1 in connection with article 45, paragraph 1, an additional derogation from article 17, paragraph 3, sentence 3 is so to record that enforcement may not go beyond measures to secure. The contents of the supplement is determined by the contents of the.

Paragraph 49 more special provisions (1) the obligated party must not resident in Germany, so also the Landgericht is locally responsible for the Declaration of the enforceability of decisions and judicial comparisons in the district, which has committed assets.
(2) on the procedure on the appeal of the debtor against the approval of the foreclosure, section 12 paragraph 2 does not apply. Article 12, paragraph 1 shall apply mutatis mutandis for the complaint directed against the approval of the execution from a court settlement.
Section 5 (dropped out) sections 50 to 54 (dropped out) section 6 Convention of 30 October 2007 concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters article 55 deviations from provisions of the general part; supplementary provisions (1) §§ 3, 6 paragraph 1, article 7, paragraph 1, sentence 2 and paragraph 2, article 10, paragraph 2 and 3 set 2, section 11, paragraph 1, sentence 2 and paragraph 3 sentence 1 and 2 as well as the sections 12, 14 and 18 shall not apply.
(2) the appeal against the approval of the foreclosure is to insert 1 within one month after delivery, if the debtor is domiciled in Germany;
2. within two months of notification, if the debtor is domiciled abroad.
The period begins with the day on which the Declaration of enforceability either personally or in his apartment has been to the debtor. An extension of this deadline because distance is excluded.
(3) in a process that has the Declaration of enforceability a notarial deed to the subject, this document can be explained by a notary for enforceability. The provisions apply mutatis mutandis to the procedure of Declaration of enforceability by a court.

Article 56 is approved special provisions for the enforcement of defensive action (1) the enforcement of a title, so the may assert against the claim itself in a proceeding pursuant to § 767 of the civil procedure code, or if the title affects one maintenance thing, in a proceeding pursuant to § 120 paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with § 767 of the civil procedure code obligated party objections. The title is a judicial decision, shall imply only, as far as the reasons upon which the objections are based, only emerged after the adoption of the decision.
(2) the claim according to § 767 of the civil procedure code and the application are to raise, has decided on the application for granting the enforcement to the Court according to article 120, paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with § 767 of the civil procedure code. As far as the application has a maintenance title to the subject, the family court has jurisdiction; the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply for the territorial jurisdiction for matters relating to maintenance.

§ 57 certificates to domestic titles are the certificates referred to in articles 54, 57 and 58 of the Convention of 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters by the Court, the authority or issued the person with public faith, is whether issuing an enforceable copy of the title. As far as after that the courts for the certification are responsible, it is issued by the Court of first instance and, if the process to a higher court is pending, by this Court. The job, which is issuing an enforceable copy of the title is functionally responsible. The Countervailability of the decision to grant the enforcement rules shall apply mutatis mutandis for the voidability of the certification decision.