Fiches Belges: Allemagne

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. It was incorporated into national law in the Gesetz zum Europäischen Gewaltschutzverfahren (EUGewSchVG – Act on European Proceedings for the Prevention of Violence).

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

* receive the request/decision for judicial cooperation

Requests for the issuing of a European protection order may only be acknowledged by the family court in whose jurisdiction the protected person resides. Recognition of a European protection order falls exclusively within the remit of the family court in whose jurisdiction the protected person resides.

* execute/recognise the measure (if other than the receiving authority)

The court forwards the request for the issuing of a European protection order to the issuing authority.

Accepted languages for the request/decision

Geman

Deadlines for the execution of the request/decision (where applicable)

There is no time limit for the execution of such requests. The court immediately forwards the request for the issuing of a European protection order to the issuing authority. The issuing authority is the authority which has issued or is expected to issue the European protection order. The court makes a prompt decision on the recognition of the European protection order.

a. Special requirements

The conditions are laid down in Section 6 of the Gesetz zum Europäischen Gewaltschutzverfahren (Act on European Proceedings for the Prevention of Violence).

b. Other useful information

The remedy of complaint shall be admissible against decisions denying recognition. No appeal may be made against decisions granting recognition of a European protection order.