International Civil Procedure: News as of 1 September 2023

On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as of today, the dictrict courts (Landgerichte) will have exclusive competence in these matters. Continue reading

Recognition and Enforcement of an Israeli judgment in Germany

Haifa Court HouseIn a recently published judgment of the Federal Supreme Court (Bundesgerichtshof), an Israeli party failed to get a judgment of the court in Haifa recognized. The German party had, throughout the proceedings, challenged the jurisdiction of the Haifa court. The issue at hand was whether, under the bi-lateral treaty between Germany and Israel, the German courts were bound by the findings of the Israeli court on jurisdiction, or whether the German courts were entitled to review the underlying findings as to jurisdiction independently. Continue reading