Enforcement of German Court Decisions in Türkiye

Entrance

Social, economic, and legal relations between Turkey and Germany have been intense for many years. Due to the millions of Turkish citizens living in Germany and the numerous companies operating between the two countries, situations arise where decisions made in German courts need to have legal effect in Türkiye. In particular, how German court decisions regarding divorce, alimony, child custody, inheritance, commercial receivables, and compensation cases are implemented in Türkiye is a matter of practical importance.

However, the fact that a court decision in Germany has become final does not automatically mean that it is valid in Türkiye. Each state exercises its jurisdiction within its own sovereign territory and determines, within its own legal framework, the conditions under which decisions of foreign courts can be enforced. Therefore, many decisions rendered by German courts require an enforcement order from Turkish courts in order to be enforced in Türkiye.

The principles regarding the recognition and enforcement of foreign court judgments are regulated in Law No. 5718 on International Private Law and Procedural Law. Turkish courts do not re-examine the German court's decision; they only examine whether the conditions stipulated in the law have been met. This ensures both the enforceability of foreign court judgments in Türkiye and the protection of the fundamental principles of the Turkish legal system.

What is Enforcement?

Enforcement is the process by which a final judgment issued by a foreign court is made enforceable in Türkiye through a decision by a Turkish court.

In other words, for a judgment rendered in a case filed in Germany to be enforced in Türkiye through compulsory execution, a Turkish court must first enforce the judgment. Unless an enforcement order is obtained, it is not possible to initiate enforcement proceedings in Türkiye based on a foreign court judgment or to enforce its enforceable provisions.

The institution of enforcement is of great importance in ensuring trust and stability in international legal relations. Otherwise, individuals may have to file lawsuits again in different countries for the same dispute, which can lead to both a waste of time and high litigation costs.

Are German court decisions directly binding in Türkiye?

No.

Even if a court decision in Germany becomes final, it does not automatically have legal effect in Türkiye. For example, a debt collection decision issued by the Berlin State Court cannot be directly applied to the debtor's assets located in Türkiye. Similarly, a maintenance or compensation decision issued by the Munich Family Court cannot be directly enforced by Turkish enforcement offices.

The fundamental reason for this is that the jurisdiction of states is territorial in nature. Turkey has made the enforcement of foreign court judgments within its borders subject to certain conditions, and has stipulated that whether these conditions are met is subject to review by Turkish courts.

Therefore, in most cases, in order for Türkiye to benefit from the results of a case won in Germany, it will be necessary to apply for recognition or enforcement.

Applicable Law in the Enforcement of German Court Decisions

The fundamental regulation concerning the enforcement of German court judgments in Türkiye is Law No. 5718 on International Private Law and Procedural Law.

When examining a request for enforcement, the Turkish court assesses whether the conditions stipulated in this Law have been met. Furthermore, international agreements in force between Türkiye and Germany, and the specific circumstances of the case, may also be taken into consideration.

However, it is not the Turkish court's task to review whether the German court has applied the law correctly. The review is limited only to the enforcement conditions specified in the law.

Which German court judgments are enforceable?

Not every court decision issued in Germany is subject to enforcement in Türkiye. The nature of the decision is of decisive importance in this regard.

In general, the following decisions are enforceable:

• Decisions regarding commercial receivables cases,
• Compensation decisions arising from the contract,
• Provisions regarding material and moral damages,
• Alimony decisions,
• Some decisions arising from inheritance law,
• Decisions regarding disputes between commercial companies,
• Enforceable family law judgments.

In contrast, prison sentences handed down by criminal courts, tax penalties, administrative sanctions, and many decisions relating to public law remain outside the scope of enforcement.

Therefore, before taking action based on a foreign court decision, its enforceability should be legally assessed.

Enforcement Requirements for German Court Decisions

When reviewing a German court's decision, a Turkish court will look for the fulfillment of all the conditions stipulated in the law. If any of these conditions are not met, the request for enforcement may be rejected.

The Decision Has Been Final

The first requirement for enforcement is that the German court decision must be final.

Decisions that are still under judicial review or have not yet become final cannot be enforced in Türkiye.

The finality of the agreement is assessed according to German law and must be proven with relevant documents.

The decision pertains to the field of private law

The institution of enforcement is primarily applied to private law disputes.

Therefore, while decisions relating to family law, commercial law, contract law, or inheritance law may be enforceable, the same cannot be said for many decisions relating to public law.

Principle of Reciprocity

One of the important conditions in enforcement proceedings is the principle of reciprocity.

This principle means that decisions made by Turkish courts can also be enforced in Germany under similar conditions.

Reciprocity may arise from international agreements, legal regulations, or actual practice. The court assesses whether this condition has been met based on the specific circumstances of the case.

No violation of Turkish public order

If the enforcement of a foreign court decision is clearly inconsistent with the fundamental principles of the Turkish legal system, the request for enforcement may be rejected.

However, the differences between each legal system do not constitute a violation of public order. The public order exception applies only in cases that severely violate fundamental rights and freedoms or the indispensable principles of the Turkish legal system.

Respect for the Right to Defense

For an enforcement request to be accepted, the defendant must have had the opportunity to exercise their right to defense during the trial.

If the defendant is not properly served with notice, not informed of the hearing, or is physically prevented from defending themselves, the Turkish court may reject the enforcement request.

Conversely, the defendant's voluntary failure to attend hearings or present a defense does not, in itself, constitute an obstacle to enforcement. What matters is that a legal environment has been provided in which the right to defense can be exercised.

How to file a lawsuit for the enforcement of German court judgments?

For a German court decision to be enforceable in Türkiye, an enforcement action must first be filed in Turkish courts. An enforcement action is not a lawsuit aimed at reviewing the foreign court decision. The Turkish court does not investigate whether the German court correctly evaluated the evidence or reached the correct legal conclusion. The review is limited only to the conditions stipulated by law.

The person who can request enforcement is the natural or legal person in whose favor a right has arisen from a foreign court decision. In addition, heirs or legal representatives who have a legal interest may also file a lawsuit if the necessary conditions are met.

The lawsuit petition must clearly state the German court that rendered the decision, the date and number of the decision, information regarding its finality, and which provisions are sought to be enforced in Türkiye. Clearly and understandably presenting the request contributes to a more sound judicial process.

Competent and Authorized Court

In enforcement cases, the competent court is generally the Court of First Instance. However, in some disputes arising from family law, the competent court may be the Family Court.

In terms of jurisdiction, the defendant's place of residence in Türkiye is primarily considered. If the defendant does not have a place of residence in Türkiye, the court of the place where they actually reside has jurisdiction. If neither of these exists, the lawsuit may be filed in one of the courts of Ankara, Istanbul, or Izmir.

It is important to act in accordance with jurisdiction rules. Otherwise, the case may be transferred to another court, which could unnecessarily prolong the proceedings.

Documents Required in Enforcement Cases

In order for the court to conduct a review in an enforcement case, certain documents must be submitted in their entirety.

The following documents are usually included in the case file:

• The original or a duly certified copy of the German court decision
• The official document showing that the decision is final
• The Turkish translation of the court decision,
• A duly certified copy of the translation,
• Identity and address information of the parties,
• If the lawsuit is filed through a representative, a power of attorney is required.

Incomplete or improperly prepared documents may lead the court to request that the deficiencies be rectified. Therefore, it is important to carefully check all documents before filing a lawsuit.

Apostille and Translation Services

In most cases, German court decisions and other official documents need to undergo the apostille process before they can be used in Türkiye.

An apostille is an international certification that certifies the official authority of the issuing body, not the accuracy of the document's content. Thanks to international regulations to which Turkey and Germany are parties, apostilled documents can be used in both countries under certain conditions.

Furthermore, documents prepared in German must be translated into Turkish in order to be used in Turkish courts. It is crucial that these translations are complete and adhere to legal terminology. Even a small translation error, particularly in the judgment section, could lead to a misinterpretation of the decision.

Enforcement of German Divorce Decrees in Türkiye

In practice, divorce decrees constitute a significant portion of cases concerning the enforcement of German court judgments.

A significant number of Turkish citizens who divorced in Germany want this decision to have legal effect in Türkiye as well. However, it is important to correctly distinguish between recognition and enforcement here.

Recognition of a divorce decree may only be considered if the conditions are met with respect to the part that terminates the marriage. However, if provisions regarding alimony, monetary compensation, moral damages, court costs, or legal fees are to be enforced in Türkiye, an enforcement order is required.

Therefore, which provisions of the German court decision are sought to be implemented in Türkiye should be evaluated in detail before filing a lawsuit.

Enforcement in Commercial Cases

Due to the intense trade relations between Türkiye and Germany, the number of lawsuits between companies is increasing every year.

Especially;

• Receivables arising from sales contracts,
• Service contracts,
• International transport agreements,
• Construction and works contracts,
• Distributorship and agency relationships,
• Commercial compensation lawsuits

As a result, decisions made by German courts may need to be enforced in Türkiye.

In such cases, after an enforcement order is issued, it becomes possible to collect the debt by resorting to execution proceedings based on the court judgment.

Will a Turkish court reconsider a German court's decision?

This is one of the most frequently asked questions in enforcement cases.

A Turkish court does not examine the German court's decision on its merits. In other words, it does not investigate whether the German judge applied the law correctly or evaluated the evidence correctly.

For example;

• The expert report was flawed
• The witness accounts do not reflect the truth
• The evidence was misinterpreted,
• The court reached the wrong conclusion

Claims in this regard are not examined in enforcement proceedings.

The role of a Turkish court is merely to determine whether the enforcement conditions stipulated in the law have been met.

This approach is a natural consequence of the principle that the merits of a foreign court judgment cannot be re-examined, which is one of the fundamental principles of private international law.

Circumstances that may lead to the rejection of an enforcement request

Not every foreign court decision can be enforced.

The court may reject the request if any of the conditions stipulated in the law are not met.

For example;

• The decision is not yet final
• Violation of the defendant's right to defense,
• There is a clear violation of Turkish public order,
• The fact that a decision has been made on a matter falling within the exclusive jurisdiction of Turkish courts,
• The decision does not relate to the field of private law

In such cases, the request for enforcement may be rejected.

If the request is denied, the foreign court decision cannot be enforced in Türkiye.

Consequences of the Enforcement Decision

Once the court issues an enforcement order, the German court decision will also have legal effect in Türkiye.

Following this, depending on the nature of the judgment, enforcement proceedings can be initiated. Monetary debts can be collected, the debtor's movable and immovable property can be seized, bank accounts can be garnished, and other enforceable judgments can be executed.

The enforcement decision constitutes the most important step in making a foreign court decision enforceable in Türkiye.

Most Common Problems Encountered in Practice

A significant portion of the problems encountered in enforcement proceedings stem from procedural deficiencies.

For example;

• Failure to submit the confirmation document,
• Incomplete apostille procedures,
• Errors in translations,
• Writing party information differently,
• The court decision was translated incompletely
• The request result is not clearly stated

This can lead to the trial being prolonged or additional time being granted to remedy any deficiencies.

Especially in international disputes, carefully managing the document preparation process is crucial to prevent future loss of rights.

Supreme Court Practice

The Court of Cassation's established rulings consistently emphasize that the merits of a foreign court judgment cannot be re-examined during its enforcement.

According to the Supreme Court, the Turkish judge only assesses whether the enforcement conditions stipulated in Law No. 5718 have been met. How the foreign court evaluated the evidence or applied the law is not the subject of the enforcement review.

Furthermore, the Court of Cassation acknowledges that the public order exception should be interpreted narrowly. The fact that a foreign court decision produces results different from those under Turkish law is not, by itself, considered sufficient grounds for refusing enforcement. However, enforcement requests may be rejected for decisions that clearly violate fundamental rights and freedoms, the principle of a fair trial, or the indispensable principles of the Turkish legal system.

Conclusion

Decisions rendered by German courts, even if final, cannot be automatically enforced in Türkiye. For these decisions to have legal effect in Türkiye, an enforcement order from a Turkish court is generally required.

In enforcement proceedings, the Turkish court does not reassess the validity of the foreign court's decision. The review is limited only to the conditions stipulated by law. If the decision is final, rendered in accordance with the right of defense, does not clearly violate Turkish public order, and other legal requirements are met, the German court's decision becomes enforceable in Türkiye.

Given the strong trade and social relations between Turkey and Germany, the enforcement of foreign court judgments is of great importance to both individuals and companies. A properly conducted enforcement process ensures that the right gained in a foreign court is effectively protected and enforced in Türkiye.