Concept and Legal Nature of Certified Copies of Judgments
Die Certified Copy of Judgment is a central instrument in the procedural law of the German judiciary. It refers to the official and certified copy of an issued judgment prepared by a court, provided with a special certification statement. The certified copy of judgment is of key importance for the enforcement of court decisions as well as for proving the legal force and service of a judgment. It forms the link between the granting or denying court ruling and its practical enforceability.
Legal Basis
Code of Civil Procedure (ZPO)
The legal requirements and effects of a certified copy of judgment are primarily defined in the Code of Civil Procedure (ZPO) . In particular, § 317 ZPO (“Service of judgment, certified copy of judgment”) applies here. According to this, the judgment is generally served upon the parties. A certified copy of the decision or an authenticated copy is handed over upon request especially for the purpose of compulsory enforcement (§ 750 para. 1 ZPO).
Courts Constitution Act (GVG)
Das Courts Constitution Act (GVG) regulates the organization of the courts and contains general provisions for the preparation of court documents, including certified copies.
Other Legal Fields
In addition to the ZPO, other jurisdictions (such as the Code of Criminal Procedure, Administrative Court Procedures Act, Social Court Act, Fiscal Court Code) also specify similar or differing rules regarding the issuance and effects of court decisions.
Form and Issuance of Certified Copies of Judgments
Structure and Content
A certified copy of judgment consists of the full wording of the original and contains various formal elements:
- Certification Statement: Confirmation of conformity with the original
- Certification Endorsement: The note stating that it is a certified copy (“Ausfertigung”, “Amtsausfertigung”)
- Judge’s Signature: At least the signature of the presiding or adjudicating judge; for electronic documents, a secure signature
- Court Seal: The imprint of the court seal as proof of authenticity
- Signature of the Clerk of the Court Registry: Documents the correct issuing of the certified copy
Distinction from Other Documents
A distinction is made between the copy of the judgment (mere transcript without legal effect) and the certified copy. The certified copy of judgment serves as the only document permitting direct legal enforcement, for example in the context of compulsory execution.
Responsibility for Issuing Certified Copies
The registry of the respective court is generally responsible for issuing the certified copy of judgment. Issuance is only made to authorized persons (parties to the proceedings or their representatives).
Purpose and Legal Significance
Proof of Legal Finality
Submission of a certified copy of judgment can serve as proof of the finality of a judgment, provided it is furnished with an appropriate certificate of legal force . Without such a note, enforcement is generally not possible (§ 706 ZPO).
Prerequisite for Compulsory Enforcement
A final and binding certified copy of judgment is an absolute requirement for executing any compulsory enforcement actions. Enforcement authorities (e.g., bailiffs) may only act based on a valid certified copy.
Significance for Appeals
In appellate proceedings, the certified copy of judgment may form the basis for timely filing and substantiating legal remedies. The form and timing of service of the certified copy can be crucial for meeting appellate deadlines.
Legal Protection in Case of Refusal
Refusal to Issue the Certified Copy
The registry is not obliged to issue a certified copy to every applicant. Authorization depends on the parties to the proceedings. The refusal to issue a certified copy may, under certain circumstances, be contested by means of a supervisory complaint or in appellate proceedings.
Special Cases and Variants
Multiple Certified Copies
As a rule, only one certified copy is issued per party (principle of simplicity). Exceptions exist, for example, in cases of a change of creditor (by assignment) or loss of the original.
Electronic Certified Copy
With the advancing digitalization of the judiciary, electronic certified copies are becoming increasingly important. The requirements here are governed by specific technical standards, in particular the qualified electronic signature.
Final Assessment and Practical Importance
The certified copy of judgment is an indispensable element of German procedural law. It provides legal certainty, enables the enforcement of court-established claims, and fosters trust in the authenticity of court decisions. The correct issuance, use, and handling of certified copies is of great practical relevance for all parties involved.
Frequently Asked Questions
Who is entitled to receive a certified copy of judgment?
Entitlement to receive a certified copy of judgment generally depends on whether there is a legal interest in obtaining such a copy. Parties to the proceedings, their legal representatives, Rechtsanwalt, as well as authorities and third parties with a demonstrated legal interest, are entitled to a certified copy of the judgment. In civil proceedings, in particular plaintiffs, defendants, and their authorized attorneys are entitled to excerpted certified copies (§ 317 ZPO). Depending on the type of proceedings, further parties—such as intervenors or third-party joiners—may also assert a right. Persons against whom the judgment is to be enforced, such as third-party debtors in attachment and transfer orders, may also request a certified copy. The prerequisite is always that the interest in inspection of the judgment is comprehensible and legally founded.
What formal requirements must a certified copy of judgment meet?
A certified copy of judgment is an authenticated copy of the full text of the judgment and corresponds in content to the original. It usually bears the typed note “Ausfertigung” and is issued by the registry with the court seal and the signature of the clerk of the registry. The certified copy includes in particular the complete decision including reasons, the heading, a title, the date, and the signatures of the judges—these latter are not original signatures but reproductions with a note indicating typewritten execution. In criminal proceedings, statements about the prosecutor, defendant, and any representatives must also be included. The relevant procedural rules and administrative instructions issued for registries govern form requirements. Invalid certified copies—for example, those lacking a proper seal or certification note—have no legal effect.
What is the legal significance of the certified copy of judgment in enforcement proceedings?
The certified copy of judgment is of central importance in German law for the initiation and execution of compulsory enforcement. Pursuant to § 750 ZPO, an enforceable certified copy of the judgment must be issued to the creditor, which must include an enforcement certificate (“Klausel”). Only with this enforceable certified copy can the creditor undertake enforcement measures against the debtor. The certified copy thus serves as proof that the judgment has been rendered and is enforceable. Without this certified copy—or with a simple transcript—enforcement actions such as seizure, forced auction, or coercive detention would be unlawful and could be challenged. Certification and attachment of the enforcement clause are therefore essential.
Does a party have to pay fees for the issuance of a certified copy of judgment?
The issuance of the first certified copy to parties involved in the proceedings is generally free of charge, as it forms part of the judicial proceedings. Fees may apply for additional, subsequently requested, or certified copies intended for third parties in accordance with the Court Costs Act (GKG). The exact amount depends on both the number of pages and whether it is a simple copy, a certified copy, or an (enforceable) certified copy. Additional fees may also arise for special certifications, attachments, or expedited delivery. Details about the amount of fees can be found in the fee schedule for the GKG and the respective state fee regulations.
Within what time frame can a certified copy of judgment be requested and how long does its issuance take?
The parties are entitled to a certified copy of judgment immediately after the pronouncement of the judgment or service of the written judgment. There is no time limit for the application; retroactive issuance is generally possible even years after the judgment becomes final, as long as the original is held in the court’s file and there are no archival restrictions. Processing time is typically short: Most registries issue a certified copy within a few working days of application, or on the day of application in urgent cases. Delays can occur with older files or extensive grounds for judgment, especially if records must be retrieved from archives.
What legal remedies are available in case a certified copy of judgment is refused?
If an application for a certified copy of judgment is unjustly refused, the applicant may first request a decision from the presiding judge (§ 21e GVG) regarding the refusal. If issuance is still denied, a complaint under §§ 23 ff. EGGVG (Introductory Act to the Courts Constitution Act) may be admissible in individual cases. If enforcement rights exist, a specific enforcement objection (§ 766 ZPO) or, if necessary, a supervisory complaint against the registry may also be considered. A court action for an order to act before the administrative court is generally excluded, as this is inherently a judicial administrative act. In case of doubt, it is advisable to seek legal advice to enforce the claim.
What are the differences between a certified copy of judgment, a certified transcript, and a simple transcript?
A simple transcript is merely a “copy” of the judgment without any certification statement, which does not need to meet any special formal requirement and cannot be used for appeals or enforcement purposes. A certified copy confirms that the transcript conforms to the original, bears a certification statement and an official seal, but has no further legal effect. The certified copy of judgment, in contrast, is the formal transcript of the judgment with the court seal and a certification statement, signed by the clerk of the court, serving as a substitute for the original, especially for the purposes of compulsory enforcement or as documentary evidence in legal transactions. The certified copy may also contain the enforceability clause and thus has a separate, legally anchored evidentiary function.
