Conditions for the Recognition according to sec. 328 ZPO
- Preconditions for such a recognition before a German court is a final and legally binding court decision, e.g. the judgement is not preliminary, which has to be proved by the applicant. All decision which are subject to later amendments, arbitration awards, settlements and notarial deeds therefore are not recognizable.
- The foreign court must have had jurisdiciton for the decision.
- The German court must have International jurisdiction in Germany.
- The defendant's right to a fair hearing must have been respected.
- Reciprocity must be ensured, e.g. a similar German decision would have to be recognized in the state of the origin of the decision.
- The decision must not violate the German "public order" consisting of substantial German legal principles.