PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
W. Hau addresses whether public policy may be invoked in Germany to oppose recognition and enforcement of a foreign judgment on the ground that the judgment may have breached EU law. The analysis centres on a case in which the Schleswig-Holstein Higher Regional Court confirmed that a Belgian judgment was enforceable in Germany under the 2001 Brussels Regulation, although the Belgian court may have disregarded requirements of European competition law.
The discussion puts into focus whether a possible breach of EU law by a court in one Member State can trigger public-policy review in another. The decision therefore offers a comparative example for Turkish courts assessing judgments from EU Member States.
Whether recognition or enforcement in Germany of a Belgian judgment may be refused on public-policy grounds because the Belgian court may have failed to apply European competition-law requirements
The analysis presents, through a German-Belgian case, the boundary between alleged breaches of EU law and public-policy review in the recognition and enforcement of foreign judgments. The confirmation of enforceability raises a direct practical question about whether such an allegation can defeat the foreign judgment's effect.
IPRax · 2026
Publication ID Heft 5/2026 (September 2026) · 441