Germany

Abstract

Judgments of foreign courts are official acts of the state in which the court is located, that is the state of the forum, and are effective only within the territory of that state. This international law principle of territoriality, or territorial sovereignty, is the reason that prompts the need for an official act by the recognising state allowing the foreign act of state, or foreign judgment, to have effect in the recognising state. The enforceability of foreign judgments is arguably the most important, albeit not the only, effect of the recognition of foreign judgments. The act of recognising a foreign judgment is therefore a prerequisite for enforcing that judgment in the recognising state. In effect, recognition usually means that the merits of the case will not be questioned.