Tag: Default Judgment

The Hague Convention, Default Judgments and Deemed Service

In a series of judgments on July 3 and July 17, 2012, the Federal Supreme Court (Bundesgerichtshof) has ruled on the compatibility of deemed service under German law with the Hague Service Convention. The Court held that only the first court document in a dispute must be served pursuant to the Hague Service Convention. Any subsequent service of court documents can be, in accordance with the provisions of domestic German law, by post. Then, Sec. 184 German Civil Code (ZPO) applies, according to which “two weeks after it has been mailed, the document shall be deemed served.” In the cases before the Federal Supreme Court, default judgments were served by post, and the time period for filing protest (Einspruch) was determined on the basis of deemed service. Read More