A default judgment is another of the so-called default decisions. The defendant is obliged to appear at the first court hearing, or to make a proper apology. If the defendant fails to do so, the court may, on the application of the plaintiff present, rule against him.

If the defendant has been sent the statement of claim and the summons in good time and still fails to appear without a timely and reasonable excuse, the court may, on application by the claimant, give judgment by default. It is therefore an adversarial decision which the court may issue on the basis of the defendant's passive attitude.

Judgment by default may be given only at the first hearing of the case if the applicant so requests at that hearing. However, the court must find that the claim is maintainable and that the claim arises out of the allegations of the claim. However, a judgment by default may not be given if the case is one the nature of which would not permit a settlement, for example if the decision is intended to create new rights. However, even if all the conditions are met, the court is not obliged to give a default judgment - it may, for example, consider the fact that the defendant has so far been active.

If the defendant missed the first hearing for excusable reasons, he may challenge the default judgment before it becomes final. If such an application is well-founded, the court will set aside the judgment and order a new first hearing.

An appeal against a default judgment may then be allowed only if all the requirements for its delivery have not been fulfilled.