5.8.1 Prerequisites of enforcement Decisions of German courts are not self-enforcing. Therefore, to enforce a decision, the favored party must become active in bringing about the necessary prerequisites. As a general rule, compulsory enforcement requires: an enforceable title (e.g., a judgment or court order; Sections 704 and 794 of the Code of Civil Procedure); (a title) provided with a clause (“enforceable execution copy”; Sections 724 and 725);171 and the service of the title on the debtor (Section 750). Titles for decisions that are appealable and therefore not yet final and binding (res judicata) may be provisionally enforceable (Sections 708, 709). In patent infringement proceedings, judgments of lower regional courts are declared provisionally enforceable against the provision of security (e.g., by escrow or bank guarantee),172 the amount of which is determined in the operative part of the judgment on the basis of the corresponding value in suit (see Section 709).173 Decisions of higher regional courts, by contrast, are provisionally enforceable without the provision of security (Section 708(10)). Enforcement of decisions in preliminary injunction proceedings usually does not require a clause (secs 936, 929(1) of the Code of Civil Procedure).The security payment serves to secure the debtor’s rights to claim its attorney and court fees as well as compensation of enforcement damages (sec. 717(2) of the Code of Civil Procedure) in case a provisionally enforced judgment is reversed or later modified.To cover potential loss of interest, the amount usually equates to between 110 percent and 120 percent of the enforceable value in suit.