The article was drafted by Mirjana Mladenovic Paripovic, Senior Associate & Suzana Pavlovic, Associate for Lexology on 3 September 2026
Enforcement of a Foreign Judgment in Serbia
For a successful claimant, obtaining a favourable judgment abroad may only be the first step. Where the debtor or its assets are located in Serbia, the practical question becomes whether – and how – that foreign judgment can be recognized and enforced before the Serbian courts. This article is aimed at foreign creditors, and the lawyers advising them, who hold a court judgment against a debtor with assets or a presence in Serbia and are considering their options for recovery.
Serbian law generally permits the recognition and enforcement of foreign judgments, provided that the statutory requirements are met. However, a foreign judgment does not automatically have the same legal effect as a domestic judgment. As a general rule, it must first satisfy the requirements for recognition under Serbian law.
Legal Framework
The recognition and enforcement of foreign court judgments in Serbia are primarily governed by the Law on Resolution of Conflict of Laws with Regulations of Other Countries (“Official Gazette of the SFRY”, Nos. 43/82 and 72/82 – correction, “Official Gazette of the FRY”, No. 46/96, and “Official Gazette of the Republic of Serbia”, No. 46/2006 – other law), together with the Law on Enforcement and Security Interest (“Official Gazette of the Republic of Serbia”, Nos. 106/2015, 106/2016 – authentic interpretation, 113/2017 – authentic interpretation, 54/2019, 9/2020 – authentic interpretation, 10/2023 – other law, and 91/2025), which specifically regulates the enforcement of foreign enforceable titles before Serbian courts.
International treaties may significantly affect the applicable regime. Serbia is a party to a number of bilateral agreements dealing with legal assistance and the recognition and enforcement of judgments. Therefore, before commencing proceedings, it is important to determine whether a bilateral or multilateral treaty applies between Serbia and the country in which the judgment was rendered.
Where an applicable international treaty specifically governs the recognition and enforcement of foreign judgments, its provisions take precedence over the corresponding provisions of domestic conflict-of-laws legislation. Domestic rules remain applicable to matters not regulated by the relevant treaty.
Recognition as a Prerequisite for Enforcement
A foreign court judgment acquires the effect of a Serbian judgment once it has been recognised by the competent Serbian court. For creditors more familiar with jurisdictions that allow direct enforcement of foreign judgments, it is worth noting that Serbia follows a recognition-then-enforcement model: recognition is generally a precondition to enforcement, not merely a formality that runs alongside it.
In practice, recognition and enforcement should be distinguished. Recognition concerns whether the Serbian legal system will accept the foreign judgment and give it legal effect. Enforcement concerns the subsequent use of Serbian enforcement mechanisms against the debtor or the debtor’s assets.
Serbian enforcement legislation nevertheless provides an important procedural possibility: an enforcement creditor may file a motion for enforcement based on a foreign enforceable document even where that document has not previously been recognised in separate recognition proceedings. In such circumstances, the court deciding on enforcement may also determine whether the requirements for recognition are satisfied as a preliminary issue. This may, depending on the circumstances of the particular case, make the enforcement process more efficient.
What Must the Creditor Provide?
A party seeking recognition will generally need to submit the foreign judgment together with evidence that the judgment has become final under the law of the country in which it was rendered. Where enforcement is sought, evidence that the judgment is enforceable under the law of the state of origin is also required.
Foreign documents will generally need to be submitted in a form suitable for use before Serbian authorities, including the appropriate translation and, where applicable, authentication or legalisation.
Deficiencies relating to finality, enforceability, certification or translation can cause unnecessary procedural delays.
Grounds Relevant to Recognition
Serbian courts do not conduct a new trial on the merits of the dispute merely because recognition of a foreign judgment is requested.
Instead, the court examines whether the statutory conditions for recognition have been satisfied.
Among the matters that may prevent recognition are issues concerning the defendant’s ability to participate properly in the foreign proceedings, the existence of exclusive jurisdiction of Serbian courts in the relevant matter, conflicting judgments, public policy and, where applicable, reciprocity.
Accordingly, a creditor considering enforcement in Serbia should analyse potential recognition objections before filing the application, rather than addressing them only after they have been raised by the debtor.
The Right to Participate in the Foreign Proceedings
Procedural fairness is particularly important. Recognition may be refused where the person against whom the foreign judgment was rendered was unable to participate in the proceedings because of procedural irregularities. This makes evidence concerning service of process particularly relevant, especially in default judgment cases.
In practice, in cases involving a default judgment, the creditor should be prepared to demonstrate that the defendant was properly notified of the proceedings and was afforded an adequate opportunity to participate, should the defendant raise an objection on this ground.
Serbian Exclusive Jurisdiction
Recognition may also encounter difficulties where Serbian law provides for the exclusive jurisdiction of Serbian courts or another Serbian authority in the matter concerned. This issue should therefore be checked at an early stage, particularly where the underlying dispute has a strong connection with Serbia or concerns matters for which Serbian legislation reserves jurisdiction to domestic authorities.
Conflicting Judgments
Recognition of a foreign judgment will be refused where a Serbian court or another competent Serbian authority has already rendered a final judgment in the same matter, between the same parties, or where another foreign judgment rendered in the same matter between the same parties has already been recognised in Serbia. Where a final Serbian judgment already exists, the foreign judgment cannot be recognised irrespective of whether the foreign proceedings were commenced, or the foreign judgment was rendered, before the Serbian proceedings or judgment.
A different rule applies where proceedings are still pending in Serbia. If proceedings concerning the same matter and between the same parties were commenced before a Serbian court prior to the commencement of the foreign proceedings, the Serbian court will stay the recognition proceedings until the Serbian proceedings have been finally concluded.
Accordingly, before seeking recognition, a creditor should verify whether the dispute has already been finally determined in Serbia, whether another foreign judgment concerning
the same matter has previously been recognised, or whether earlier proceedings between the same parties remain pending before a Serbian court.
You can read the full article on Lexology: Enforcement of Foreign Judgments in Serbia: Key Requirements and Practical Considerations – Lexology