PIL instrument(s)

Case number and/or case name

BGH, 21.11.2013 – IX ZB 44/12

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

20 November 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about the declaration of enforceability of a French judgment stating the defendant’s obligation to pay damages. It was doubtful whether the French judgment could be declared enforceable with regard to the principle of clarity and definiteness. The court stated that the judgment could be declared enforceable pursuant to Art. 38 et seq. Brussels I. It held that claims that weren’t explicitly named in the foreign enforcement title could be declared enforceable if in the first state it was possible to enforce the payment without an executory title. The content and the extent of the judgment’s enforceability are to be measured according to the law of the first state. According to French law the judgment contained the obligation of payment although it was not explicitly mentioned. Therefore it could be declared enforceable in Germany. The judgment is correct.