Enforcing a Germany Court Judgment in Belgium

Enforcing a German court judgment in Belgium is a well-defined legal process governed primarily by EU law. Both Germany and Belgium are EU member states, which means the Brussels I Recast Regulation (EU) No 1215/2012 provides the principal framework for recognition and enforcement of civil and commercial judgments between the two countries. In most cases, a judgment creditor can move directly to enforcement in Belgium without a separate declaration of enforceability, provided the judgment falls within the scope of the Regulation. This guide explains the step-by-step procedure to enforce a Germany judgment in Belgium, the documents required, realistic timelines, costs, available defences for the debtor, and the practical strategy a creditor should adopt to maximise recovery.

The Brussels I Recast Regulation is the cornerstone instrument. It applies to civil and commercial matters and covers money judgments, injunctions, and orders for specific performance issued by German courts. The Regulation abolished the prior requirement for an exequatur - a formal declaration of enforceability - for most judgments issued after the Regulation's application date. This means a German judgment that is enforceable in Germany is, in principle, directly enforceable in Belgium without any intermediate court procedure.

There are, however, important carve-outs. Matters excluded from the Regulation's scope include revenue and customs matters, administrative law, insolvency proceedings, arbitration, matrimonial property, and succession. For judgments falling outside the Regulation's scope, the creditor must rely on Belgian private international law, specifically the Belgian Code of Private International Law (CPIL), which requires a separate recognition procedure before a Belgian court.

A second instrument worth noting is the European Enforcement Order (EEO) Regulation (EC) No 805/2004. Where the underlying German judgment concerns an uncontested claim - meaning the debtor did not contest the debt during the German proceedings - the German court can certify the judgment as a European Enforcement Order. That certificate allows enforcement directly in Belgium with no further procedural steps beyond presenting the certificate and judgment to the Belgian enforcement officer.

A third instrument is the European Order for Payment Regulation (EC) No 1896/2006. If the creditor originally obtained a European Order for Payment from a German court, that order is enforceable across all EU member states, including Belgium, without any additional procedure.

Preparation of the correct documentation is the single most common source of delay. Under the Brussels I Recast Regulation, the creditor must obtain a certificate from the German court that issued the judgment. This certificate is issued using the standard form set out in Annex I of the Regulation and confirms that the judgment is enforceable in Germany. The creditor presents this certificate, together with a copy of the judgment, to the Belgian enforcement officer (huissier de justice / gerechtsdeurwaarder).

The documents required are:

• A certified copy of the German judgment.
• The Annex I certificate issued by the German court of origin.
• A translation of the judgment and certificate into French or Dutch, depending on the linguistic region of Belgium where enforcement is sought.
• Proof of service of the judgment on the debtor, if the debtor did not appear in the German proceedings.

Translation is a practical cost that creditors frequently underestimate. Belgium has three official languages - French, Dutch, and German - and the linguistic region of the debtor's assets determines which language is required. Brussels is officially bilingual, but French-language documents are generally accepted in the Brussels enforcement courts. A certified legal translation of a lengthy German judgment can take several weeks and adds meaningful cost.

In practice, founders and creditors should consider engaging a Belgian huissier de justice at the outset. The huissier is the enforcement officer authorised to serve documents, attach assets, and execute enforcement measures under Belgian law. Without a huissier, the creditor cannot proceed to actual asset seizure regardless of how strong the judgment is.

The enforcement process under the Brussels I Recast Regulation follows a streamlined path compared to older bilateral treaty regimes.

Step one - obtain the Annex I certificate from the German court. The creditor applies to the German court that issued the judgment. The application is straightforward and the court issues the certificate using the standard EU form. This step typically takes between one and three weeks depending on the workload of the German court.

Step two - prepare and translate documents. Once the certificate is in hand, the creditor arranges certified translations into the relevant Belgian language. Allow two to four weeks for professional legal translation of complex commercial judgments.

Step three - instruct a Belgian huissier de justice. The creditor instructs a Belgian enforcement officer in the judicial district where the debtor's assets are located. The huissier reviews the documents, confirms formal compliance, and serves notice on the debtor. Under Belgian procedural law, the debtor must be formally notified before enforcement measures are executed.

Step four - identify and attach assets. The huissier proceeds to identify attachable assets. Belgian enforcement law, governed by the Belgian Judicial Code (Gerechtelijk Wetboek / Code judiciaire), provides several enforcement mechanisms: seizure of movable property, attachment of bank accounts (saisie-arrêt / bewarend beslag), attachment of real property, and garnishment of receivables owed to the debtor by third parties.

Step five - convert attachment to enforcement. A conservatory attachment (bewarend beslag) freezes assets but does not immediately transfer them to the creditor. To convert the attachment into an enforcement measure, the creditor must obtain a Belgian court order confirming the attachment is valid. This step involves a short hearing before the Belgian enforcement judge (juge des saisies / beslagrechter). The hearing is typically scheduled within two to six weeks of the application.

Step six - realisation of assets. Once the enforcement order is confirmed, the huissier proceeds to realise the assets - selling movable property at public auction, transferring funds from attached bank accounts, or initiating mortgage enforcement proceedings for real property.

The total timeline from instructing a Belgian huissier to receiving funds varies considerably. For straightforward bank account attachments where the debtor does not contest, the process can be completed in two to four months. For contested enforcement or real property, the timeline extends to six to eighteen months or longer.

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The Brussels I Recast Regulation limits the grounds on which a Belgian court can refuse enforcement of a German judgment. The debtor cannot re-litigate the merits of the underlying dispute. The available defences are narrow and procedural in nature.

The primary defence is that enforcement would be manifestly contrary to Belgian public policy (ordre public). Belgian courts apply this ground restrictively. A judgment that violates fundamental procedural rights - for example, one issued without proper service on the debtor - may qualify. A judgment that merely produces an outcome unfavourable to the debtor does not.

A second defence is irreconcilability. If a Belgian court has already issued a judgment between the same parties on the same subject matter, and that judgment conflicts with the German judgment, the Belgian court may refuse enforcement of the German judgment.

A third defence relates to default judgments. Where the German judgment was issued in default of the debtor's appearance, the debtor may argue that service of the originating document was not effected in sufficient time and in a manner that allowed the debtor to arrange a defence. Belgian courts examine the actual circumstances of service rather than applying a mechanical rule.

A common mistake made by debtors is attempting to challenge the substance of the German judgment in Belgian enforcement proceedings. Belgian courts will not entertain such challenges. The proper forum for challenging the merits is the German appellate courts. A debtor who believes the German judgment is wrong on the facts or law must pursue an appeal in Germany, not resist enforcement in Belgium.

A non-obvious requirement is that the debtor wishing to oppose enforcement must act quickly. Under the Brussels I Recast Regulation, the debtor can apply to the Belgian court to refuse or stay enforcement, but procedural deadlines are strict. Delay in raising a defence can result in assets being seized and sold before the debtor has an opportunity to be heard.

Scenario one - commercial contract dispute. A German supplier obtains a judgment against a Belgian distributor for unpaid invoices. The judgment is a money judgment in a commercial matter, squarely within the Brussels I Recast Regulation. The German court issues the Annex I certificate within two weeks. The creditor instructs a Belgian huissier in Antwerp, where the distributor's bank accounts are held. The huissier serves notice and attaches the bank accounts within days of receiving the documents. The distributor does not contest. The creditor receives payment within approximately three months of beginning the Belgian enforcement process.

Scenario two - contested enforcement with real property. A German company obtains a judgment against a Belgian individual for damages arising from a failed joint venture. The individual owns real property in Brussels. The individual contests enforcement, arguing that service of the original German proceedings was defective. The Belgian beslagrechter schedules a hearing. The creditor must produce evidence of proper service from the German court file. The hearing and any appeal extend the timeline to twelve months or more. In the interim, the creditor registers a conservatory mortgage on the property to prevent its sale.

Many creditors underestimate the importance of asset tracing before instructing the huissier. Belgian enforcement is creditor-driven, meaning the huissier acts on the creditor's instructions and does not independently investigate the debtor's assets. A creditor who cannot identify specific attachable assets will find the process stalls. Pre-enforcement asset investigation - through commercial registries, land registries, and corporate databases - is a practical prerequisite for effective enforcement.

A further strategic consideration is the choice of enforcement measure. Bank account attachment is generally the fastest and least expensive route. Real property enforcement is slower and involves additional costs including court fees, mortgage registration charges, and auction costs. Creditors with large claims should consider pursuing multiple enforcement measures simultaneously to maximise pressure on the debtor and reduce the risk that assets are dissipated.

Belgian law also provides for a conservatory attachment (bewarend beslag) before a final judgment is obtained. If a creditor has a German judgment that is under appeal in Germany, the creditor can still apply to a Belgian court for a conservatory attachment on the debtor's Belgian assets, provided the creditor can demonstrate urgency and a prima facie valid claim. This prevents the debtor from moving assets out of Belgium during the pendency of the German appeal.

The cost of enforcement in Belgium comprises several distinct categories. Understanding these categories helps creditors budget realistically and avoid surprises.

Translation costs are typically the first significant expense. Certified legal translation of a German judgment into French or Dutch is priced by word count and complexity. For a commercial judgment of moderate length, translation costs generally fall in the low hundreds to low thousands of euros.

Huissier fees are regulated under Belgian law and are calculated as a percentage of the amount recovered, subject to minimum and maximum tariffs. For straightforward enforcement, huissier fees are a modest proportion of the recovered amount. For complex multi-step enforcement, fees accumulate across each procedural step.

Court fees arise when the creditor must appear before the Belgian beslagrechter to confirm an attachment or respond to a debtor's opposition. Court fees in Belgium are relatively modest for enforcement proceedings compared to full civil litigation.

Legal representation costs depend on whether the creditor engages a Belgian lawyer in addition to the huissier. For straightforward enforcement under the Brussels I Recast Regulation, a lawyer is not strictly required at the enforcement stage. However, if the debtor contests enforcement or raises a public policy defence, legal representation before the beslagrechter becomes necessary. Belgian lawyers' fees vary by firm and complexity; creditors should budget for professional fees starting from the low thousands of euros for contested proceedings.

Hidden costs that creditors frequently overlook include:

• Costs of obtaining the Annex I certificate from the German court.
• Costs of asset tracing and pre-enforcement investigation.
• Mortgage registration fees if real property is attached.
• Auction costs if movable property is sold.
• Costs of any German appellate proceedings if the debtor simultaneously appeals the judgment in Germany.

In practice, creditors with claims below a certain threshold should assess whether the expected recovery justifies the total enforcement cost. For small claims, the European Small Claims Procedure (Regulation (EC) No 861/2007) provides a simplified cross-border mechanism, though it applies only to claims below the applicable threshold and is distinct from enforcement of an existing judgment.

What happens if the debtor has no known assets in Belgium?

Enforcement in Belgium requires the creditor to identify specific attachable assets within Belgian territory. If the debtor has no known assets in Belgium, enforcement proceedings will not produce recovery regardless of the strength of the German judgment. The creditor should conduct thorough asset tracing before committing to Belgian enforcement costs. Belgian commercial registries, the Crossroads Bank for Enterprises (Kruispuntbank van Ondernemingen / Banque-Carrefour des Entreprises), and land registries are publicly accessible sources. If assets are located in multiple EU member states, the creditor can pursue parallel enforcement proceedings in each relevant jurisdiction simultaneously, since the Brussels I Recast Regulation applies uniformly across the EU.

How long does it realistically take to receive payment after starting enforcement in Belgium?

For uncontested enforcement of a money judgment with identifiable bank accounts, the process from instructing a Belgian huissier to receiving funds typically takes two to four months. This assumes the Annex I certificate and translations are already prepared. If the debtor contests enforcement before the beslagrechter, the timeline extends to six to twelve months for the first-instance decision, with further delay if the debtor appeals. Real property enforcement is the slowest route and can take eighteen months or more from attachment to auction proceeds being distributed. Creditors should plan cash flow accordingly and consider whether interim conservatory measures are appropriate to secure assets while proceedings continue.

Can the debtor challenge the German judgment on its merits in Belgium?

No. Under the Brussels I Recast Regulation, Belgian courts cannot review the substance of a German judgment. The merits - the facts, the law applied, the quantum of damages - are conclusively determined by the German court. Belgian enforcement courts are limited to examining the narrow procedural grounds for refusal set out in the Regulation, primarily public policy, irreconcilability with a prior Belgian judgment, and defective service in default proceedings. A debtor who believes the German judgment is factually or legally wrong must pursue an appeal or review before the competent German appellate court. Attempting to re-litigate the merits in Belgium will be rejected by the Belgian court and may result in a costs order against the debtor.

Enforcing a German court judgment in Belgium is a structured, EU-regulated process that gives creditors a reliable path to recovery. The Brussels I Recast Regulation removes the need for an exequatur in most cases, making Belgium one of the more accessible jurisdictions for cross-border enforcement within the EU. The key variables are document preparation, asset identification, and the debtor's willingness to contest. Creditors who prepare thoroughly and act promptly will generally achieve enforcement within a manageable timeframe and cost envelope.

VLO Law Firm advises international clients on judgment enforcement in Germany and cross-border enforcement proceedings in Belgium. We can assist with obtaining the Annex I certificate, coordinating with Belgian enforcement officers, asset tracing, and managing contested enforcement proceedings. To request a consultation, contact: info@vlolawfirm.com