PIL instrument(s)
European Enforcement Order (EEO)
Case number and/or case name
AG Chemnitz, 30.12.2015 – 1 M 4224/14
Publication in law review
DGVZ 2016, 54; BeckRS 2016, 04986
Details of the court
Germany, First Instance
Articles referred to by the court
European Enforcement Order (EEO)
Article 20
Paragraph 2
Paragraph 2 SubParagraph a
Date of the judgement
30 December 2015
Appeal history
CJEU's case law cited by the court
The creditor raises a complaint (Erinnerung) against the refusal of the bailiff to enforce the provisory order for payment of the District Court of Hallein. The bailiff relies on the creditor’s failure to present the original enforceable title together with proof of service. The complaint is not successful. Obviously, there was only a copy of page 1 of the conditional order for payment available. Under Article 20 (2)(a) EEO, the creditor should be required to provide the competent enforcement authorities of the Member State of enforcement with ‘a copy of the judgment which satisfies the conditions necessary to establish its authenticity’. That implied immediately that a mere photocopy was not enough. Rather, the requirements in detail as well as under Art 53(1) Brussels I were governed by the law of the state of origin, here Austria. Irrespective of the rules of the law of the state of enforcement, it was principally sufficient if the foreign decision had the appearance of authenticity. Because of Article 56 Brussels I, the presumption of authenticity in § 437(1) ZPO applied to the foreign court-sealed copy of the judgment without legalization or apostille. This presupposes, however, that the copy was provided with the original impression of the court seal, an original signature and an official title of the signee. All of this was missing in the present case because the decision had not even been fully submitted.

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