Die Vollstreckungsgegenklage im Europäischen Zivilprozessrecht

The admissibility under EU law of the German enforcement counterclaim against titles enforced in accordance with the instruments of European civil procedural law has always been controversial. European civil procedural law provides for many different remedies against enforcement. However, none of these remedies - with the exception of Art. 22(2) of Regulation (EC) No 1896/2006 - provides for substantive objections to the enforceable claim. The thesis examines the compatibility of the German enforcement counterclaim with EU law, affirms it and demonstrates, using the enforcement laws of France and Austria as examples, that the German enforcement counterclaim eliminates the enforceability of the title throughout the EU.