German Court Judgments in Turkey: Reciprocity and the Limits of the Case Law

A German judgment is not ordinarily directly enforceable in Turkey. A creditor seeking to recover a judgment debt from assets in Turkey will generally need to obtain an enforcement order, known in Turkish practice as tenfiz. Recognition serves a different purpose: it gives a foreign judgment legal effect in Turkey where coercive execution is not sought.

How Turkish law approaches reciprocity

Article 54(1)(a) of Turkish Law No. 5718 on Private International and Procedural Law requires reciprocity for enforcement. The statute allows reciprocity to rest on an international agreement, a rule of law in the state where the judgment was given, or de facto practice. Recognition is different: Article 58 does not require reciprocity for recognition.

Decisions involving German money judgments

In its judgment of 11 April 2013, docket no. 2013/1721 E., decision no. 2013/6597 K., the former 19th Civil Chamber of the Court of Cassation affirmed enforcement of a German commercial judgment concerning an unpaid receivable. The first-instance court had expressly found reciprocity between Germany and Turkey and held that the statutory conditions were met. The Court of Cassation rejected the appeal and affirmed the judgment. Read the full decision.

In a more recent case, the 3rd Civil Chamber’s judgment of 5 June 2023, docket no. 2023/117 E., decision no. 2023/1766 K., concerned recognition and enforcement of a Darmstadt judgment awarding EUR 50,095 plus related amounts. The first-instance court referred to an agreement between Germany and Turkey. The Court of Cassation rejected the appeal and affirmed the regional appellate court’s decision. Its reasoning also addresses service, the defendant’s opportunity to defend, public policy and the statutory requirements for enforcement. Read the full decision.

What the 1929 arrangement does not establish

These decisions support the view that German judgments can meet the reciprocity requirement in Turkish practice. They should be read carefully: a lower court’s reference to an “agreement” does not make the 1929 Turkey–Germany arrangement a comprehensive treaty for enforcement of all judgments. The arrangement addresses specified matters, including litigation fees and costs. For discussion of its scope, see Nuray Ekşi, Yabancı Mahkeme Kararlarının Tanınması ve Tenfizi, 2nd ed., Beta Yayınları, Istanbul, 2020, pp. 462–463.

Preparing an enforcement application

The applicant should be prepared to establish that the judgment is final under German law and provide a properly authenticated copy, proof of finality and required translations. The Turkish court will also examine proper service or representation, exclusive jurisdiction and Turkish public policy. The outcome depends on the judgment and procedural record in the individual case.

About the author

Av. Dr. Gökhan Cindemir is an Istanbul Bar Association attorney who has practiced law since 2008. He holds a doctorate in international trade law. His work includes international disputes and the recognition and enforcement of foreign judgments in Turkey.