{"id":145994,"date":"2026-07-21T12:29:14","date_gmt":"2026-07-21T12:29:14","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=145994"},"modified":"2026-07-21T12:29:14","modified_gmt":"2026-07-21T12:29:14","slug":"germany-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/germany-litigation\/","title":{"rendered":"Germany: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-145994","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-germany"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">PwC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/06\/download.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">PwC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/06\/download.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Germany<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In addition to litigation, arbitration and alternative dispute resolution (ADR) procedures \u2013 such as mediation or conciliation negotiations \u2013 are common forms of dispute resolution in Germany. Court proceedings remain the predominant method of resolving disputes.<\/p>\n<p>In cross-border or complex disputes, arbitration is often preferred due to its specialised nature and adaptability to international matters. The German Institution of Arbitration (DIS) recorded approximately 218 new cases in 2025, underlining its role as a central institution in both national and international arbitration.<\/p>\n<p>ADR, particularly mediation, is growing in popularity as parties seek amicable resolutions outside traditional courts. The German Code of Civil Procedure (ZPO) encourages settlement at every stage. Courts must promote amicable resolution, and a conciliation hearing before the oral hearing is mandatory.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The German Code of Civil Procedure contains several fundamental procedural principles that shape the proceedings.<\/p>\n<p>Under the principle of party disposition, parties control the proceedings. The court is bound by party applications and cannot exceed what is requested. The claimant may amend or withdraw their claim (see question 11). The principle of party presentation requires parties to present and prove the facts forming the basis of the court\u2019s decision, however, the principle of party disposition is limited by the duty of truthfulness. The court intervenes ex officio only in exceptional cases. Hearings are generally public and oral, though written proceedings are possible. Parties typically refer to their written submissions exchanged beforehand (statement of claim, defence, reply, rejoinder \u2013 see question 13). Each party has the right to comment on relevant facts, and the court must consider these submissions. Proceedings must be conducted without undue delay.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The German Code of Civil Procedure recognizes four different types of courts: Local Court (Amtsgericht, AG), Regional Court (Landgericht, LG), Higher Regional Court (Oberlandesgericht, OLG), and the Federal Court of Justice (Bundesgerichtshof, BGH).<\/p>\n<p>Local Courts handle civil disputes up to 10,000 euros. Regional Courts handle higher-value disputes and serve as appellate courts for Local Court decisions. Regional Courts also have first-instance jurisdiction for cases under Section 71(2) of the Courts Constitution Act (GVG), regardless of value.<\/p>\n<p>Higher Regional Courts hear appeals from Regional Court first-instance decisions. They also have original jurisdiction in proceedings under the Injunctions Act (UklaG) or actions under the Consumer Rights Enforcement Act (VDuG).<\/p>\n<p>The Federal Court of Justice has jurisdiction over appeals on points of law (revisions) in cases where Regional Courts or Higher Regional Courts acted as the first appellate instance, making it the court of last resort.<\/p>\n<p>Since April 1, 2025, federal states may establish Commercial Courts at Higher Regional Court level and Commercial Chambers at Regional Court level, requiring a minimum dispute value of 500,000 euros. Special procedural instruments apply, and proceedings may be conducted in English upon request. Berlin, Hamburg, Hessen, Baden-W\u00fcrttemberg, Bremen, and North Rhine-Westphalia have already implemented this option.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Proceedings begin by filing a statement of claim with the competent court. The claim becomes pending upon service on the defendant. The court then decides whether to hold an initial oral hearing or conduct preliminary written proceedings (the standard approach). The court sets a deadline for the defence. In written proceedings, the court may request further documents. After the initial oral hearing or sufficient written exchange, the main hearing is scheduled.<\/p>\n<p>The timeframes between the individual procedural steps depend greatly on the complexity of the matter and the general workload of the court.<\/p>\n<p>As a result, several weeks or even months may pass between the filing of the claim with the court and the initial oral hearing. This period is actively used by the court to prepare the oral hearing as efficiently as possible.<br \/>\nThe time between the initiation of proceedings and the delivery of judgment depends on the same factors. On average, proceedings before the Regional Court take approximately 18 months before a judgment is rendered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court proceedings are generally public under Section 169 GVG. However, access is limited to &#8220;courtroom publicity&#8221; \u2013 only those physically present may attend. Audio and television recordings are prohibited under Section 169 para. 1 GVG.<\/p>\n<p>In certain cases, however, the public may be excluded, particularly in family disputes and in cases where there is a legitimate interest in protecting the privacy of a party or for security reasons. The pronouncement of the judgment, on the other hand, must generally take place in public.<\/p>\n<p>Unlike hearings, court documents are not publicly accessible. Third parties may inspect files only with all parties\u2019 consent or, without consent, by demonstrating a legitimate interest to the court president.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The standard limitation period under German law is three years. It applies to all claims unless otherwise specified. The period begins at the end of the year in which the claim arose and the claimant became or should have become aware of the circumstances and the debtor\u2019s identity without gross negligence.<\/p>\n<p>In addition, there are special limitation periods that deviate from this standard. For example, claims relating to rights in real property are subject to a limitation period of ten years. Claims established by a final court judgment, as well as claims for the restitution of property, are subject to a limitation period of thirty years.<\/p>\n<p>The limitation period can be suspended by various events, in particular by the filing of a statement of claim, negotiations, or the initiation of proceedings before a registered conciliation body. The parties may also agree to waive the limitation period.<\/p>\n<p>For claims by consumers that are the subject of a representative action, the suspension of the limitation period in favour of the individual consumer takes effect as soon as the consumer has registered their claims in the representative action register.<\/p>\n<p>Limitation is subject to party autonomy. Courts only dismiss claims on limitation grounds if the defendant raises the defence. Otherwise, limitation is not considered, even for obviously time-barred claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For most civil disputes, no pre-action conduct is required. In certain cases, state law mandates compulsory conciliation (e.g., neighbour disputes, defamation claims). Completion of conciliation is then a procedural prerequisite, and action without it is inadmissible.<\/p>\n<p>Parties may agree to conciliation clauses requiring conciliation before litigation. Such clauses are binding if they do not violate statutory provisions or constitute unreasonable disadvantage. Court proceedings cannot commence until the agreed ADR procedure has been unsuccessfully completed.<\/p>\n<p>Nevertheless, sending a warning letter or payment demand before filing is common practice. Such measures may suspend limitation or put the debtor in default, potentially giving rise to interest claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A legal action is initiated by filing a written statement of claim with the competent court. The claim must identify the parties and court, describe the dispute and grounds, and state a specific relief sought. It should also indicate whether mediation or ADR was attempted and whether there are reasons against such procedures.<\/p>\n<p>In practice, a statement of claim usually already contains offers of evidence and exhibits supporting the asserted claim, as well as a legal assessment of the facts.<\/p>\n<p>The statement of claim must be signed by a solicitor if legal representation is mandatory, which is the case before the Regional Courts and higher instances. Preparatory written submissions and their exhibits, as well as applications and statements that must be submitted in writing by a solicitor, are to be transmitted as electronic documents.<\/p>\n<p>The claim must be served on the defendant in order to properly commence the court proceedings. Service is generally effected ex officio, unless it is a party service, which is only permissible in cases provided for by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court examines, ex officio, its international, functional, subject-matter, and local jurisdiction after the filing of the claim.<\/p>\n<p>International jurisdiction in cross-border disputes is primarily governed by local jurisdiction rules unless international agreements apply. Key regulations include the Brussels Ia Regulation and the Lugano Convention of 2007.<\/p>\n<p>Generally, a defendant must be domiciled in Germany to be sued there. Other factors \u2013 branch location, place of performance, place of damage, or place of tort \u2013 may also establish jurisdiction. Claims against non-residents may fall within German jurisdiction if assets are located in Germany and a sufficient domestic connection exists. Choice-of-court agreements are generally accepted but may be invalid for consumer contracts.<\/p>\n<p>If the circumstances determining the jurisdiction of the court change, the court does not lose its jurisdiction (perpetuatio fori).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Courts apply the procedural law of their location (lex fori), regardless of applicable substantive law. German courts therefore apply German procedural law even when foreign substantive law governs the matter.<\/p>\n<p>Applicable substantive law is determined by conflict-of-law rules in private international law. German rules are found in the EGBGB and the Rome I and II Regulations. The Rome Regulations take priority per Article 3 No. 1 EGBGB and govern contractual and non-contractual matters. The EGBGB applies to family, inheritance, and property law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are several ways to conclude proceedings without a full trial.<\/p>\n<p>First, the claimant may unilaterally withdraw their claim, ending the proceedings. Until the oral hearing, no defendant consent is needed; afterward, consent is required.<\/p>\n<p>Furthermore, the parties may reach a settlement, either in or out of court, which brings the legal dispute to an end. A court settlement is recorded by the court and has binding effect.<\/p>\n<p>In addition, the parties may jointly declare the dispute resolved if the grounds for the claim have ceased to exist after the claim was brought. Such a joint declaration of resolution immediately terminates the main proceedings without the court making a substantive decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In civil law, there are essentially two forms of interim legal protection, which serve to establish provisional arrangements or to secure rights before a decision is made in the main proceedings.<\/p>\n<p>Attachment is used to secure monetary claims or claims that can be converted into money. A distinction is made between proprietary attachment (securing assets) and personal attachment (securing by means of deprivation of liberty). The prerequisite is a ground for attachment, such as the risk that enforcement of the claim would be frustrated or significantly impeded without the attachment.<\/p>\n<p>Interim injunctions secure non-monetary claims. The applicant may also seek an injunction to provisionally regulate a legal relationship to avert significant disadvantage. The application is well-founded if the applicant demonstrates a claim and ground for the injunction establishing urgency.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claims are initiated by a written statement of claim, typically including evidence, exhibits, and legal submissions (see question 8). The court decides whether to hold an initial oral hearing or conduct written preliminary proceedings (standard practice) and serves the claim on the defendant.<\/p>\n<p>In written preliminary proceedings, the defendant must indicate within two weeks whether they will defend. An additional two weeks is allowed for the written defence. This deadline can be extended and is usually extended upon request.<\/p>\n<p>If the court considers it necessary, it may order the claimant to reply to the defendant\u2019s defence, and the defendant to submit a rejoinder.<\/p>\n<p>At least two weeks must separate submissions. These minimums are typically exceeded depending on complexity whereby deadline extensions are also usually granted upon request.<\/p>\n<p>The timetable depends on case scope and complexity, court capacity, and the parties\u2019 ability to submit documents promptly.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unlike many common law jurisdictions, German civil procedure does not require mandatory document disclosure.<\/p>\n<p>Each party bears the burden of proof for facts supporting its claim or defence. Parties decide which facts and documents to present (see question 2). No rule requires disclosure of all potentially relevant information, but submissions must be truthful and accurate.<\/p>\n<p>This principle that each party bears the burden of proof for the facts asserted by it is occasionally mitigated by the reversal of the burden of proof, presumptions, and rights to information. These exceptions serve to balance informational disadvantages between the parties, particularly in relationships between consumers and businesses.<\/p>\n<p>In certain circumstances, a court may order one of the parties or a third party to produce records, documents, or other material in their possession to which one of the parties has referred. However, German courts are very reluctant to apply this provision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Witness evidence is central to civil proceedings but subject to specific requirements. A proper evidence offer requires naming the witness and specifying the facts to be proven. The court cannot substitute witness examination with other evidence if a party expressly requests examination.<\/p>\n<p>The court summons a witness after a party has applied for the witness to be heard on a particular matter, provided the court considers the disputed fact, for which witness evidence has been offered, to be relevant to the decision. Once the witness has been summoned, he or she is obliged to appear before the court and to tell the truth.<\/p>\n<p>Witness credibility depends largely on the personal impression made in court, requiring direct examination. The court primarily questions witnesses, though parties may also ask questions. Extensive cross-examination is usually prevented, as the court decides on question admissibility. Questions beyond the summons scope are inadmissible.<\/p>\n<p>Witnesses generally testify orally. Written statements are exceptionally permitted under Section 377 para. 3 ZPO if deemed sufficient \u2013 particularly for straightforward facts, record-based information, ancillary claims, minimal amounts, or foreign witnesses.<\/p>\n<p>Further, in summary proceedings written affidavits of witnesses are permitted under Section 294 para. 1 ZPO as a means of establishing prima facie credibility (not as evidence in the following main proceedings); they therefore replace oral witness testimony only in summary proceedings (attachment, preliminary injunction) as a de facto substitute for witness evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is a central means of proof, clarifying facts requiring special technical knowledge. The court decides whether an expert report is necessary and selects the expert. Parties may propose experts before appointment; unanimous agreement of the parties binds the court.<\/p>\n<p>Unlike an ordinary witness, an expert may present their findings either orally or in writing. The decision in this regard lies at the discretion of the court. If the expert is required to appear in person before the court, they may be questioned by the parties in the same manner as an ordinary witness (see question 15). The expert must prepare the report personally and may not delegate this task to a third party.<\/p>\n<p>In cases with similar circumstances, the court may, for reasons of procedural economy, replace the obtaining of a new expert report by referring to and making use of an expert report submitted in parallel proceedings.<\/p>\n<p>In addition to the expert procedure, the parties may also submit reports which they have commissioned themselves. However, such reports are not regarded as independent expert evidence within the meaning of the Code of Civil Procedure, but rather as part of the party\u2019s submissions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Appeals against judgments of the Local Courts (Amtsgerichte) and Regional Courts (Landgerichte) may be lodged with the next higher court if the value of the subject matter of the complaint exceeds 1,000 euros or if the court of first instance has allowed the appeal.<\/p>\n<p>Final appellate judgments may be subject to revision to the Federal Court of Justice if leave is granted. If leave is refused, a complaint against denial (Nichtzulassungsbeschwerde) may be filed if the revision value exceeds 25,000 euros.<\/p>\n<p>Legal remedies against judgments must be lodged within one month of service of the judgment. These time limits cannot be extended.<br \/>\nInterim decisions may be challenged by time-limited complaint (fristgebundene Beschwerde) or legal complaint (Rechtsbeschwerde\/sofortige Beschwerde). The time-limited complaint resembles an appeal on facts and law; the legal complaint is limited to points of law. Time-limited complaints must be filed within two weeks; legal complaints within one month.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As an EU member state, Germany\u2019s recognition and enforcement of EU judgments is governed by the Brussels Ia Regulation. Under Article 39, enforceable judgments from one member state are enforceable in others without a declaration of enforceability. Enforcement may only be refused on limited grounds, most notably public policy (ordre public) violations.<\/p>\n<p>A judgment of a court of a state that is not a Member State of the Brussels Ia Regulation may be enforced under different rules.<\/p>\n<p>First, judgments may be covered by multilateral or bilateral treaties. For example, judgments from Iceland, Norway, and Switzerland may be enforced under the Lugano Convention. Other relevant instruments include the Hague Convention on Choice of Court Agreements and the New York Convention on arbitral awards.<\/p>\n<p>Second, enforcement may proceed under \u00a7\u00a7 328, 722, 723 ZPO for non-EU judgments not covered by treaties. Recognition is excluded if: (i) the foreign court lacked jurisdiction under German law; (ii) the defendant was not properly served in time to defend; (iii) the judgment conflicts with a German or prior recognized foreign judgment, or the underlying proceedings conflict with earlier German proceedings; (iv) recognition would violate fundamental German law principles, particularly fundamental rights or if (v) reciprocity has not been granted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, the losing party must bear the court costs and all litigation expenses incurred by the winning party, insofar as these were necessary for the appropriate pursuit or defence of the legal action. These include, among other things, travel expenses of the party and their representatives the costs incurred by the party for engaging solicitors. However, solicitor&#8217;s fees can only be reimbursed up to the rates specified in the Solicitor&#8217;s Remuneration Act (RVG).<\/p>\n<p>If the case does not end with a final judgement, the costs are distributed differently among the parties depending on the grounds for the premature end of the proceeding. If the claimant withdraws (see Question 11), they bear costs unless there are specific reasons for the court to impose the costs on the defendant. If parties jointly settle, they usually also agree upon the costs, if not the costs are considered by law to be mutually offset. If each party partially prevails, costs are offset or shared proportionately. If the defendant gave no cause for the action and immediately acknowledges, the claimant bears all costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unlike many common law jurisdictions, collective legal protection is not traditionally recognized in German civil procedure. Only proceeding parties are bound by outcomes. However, the legislature has recently created certain collective action forms enabling collective enforcement.<\/p>\n<p><strong>&#8211; Model Declaratory Action<\/strong><\/p>\n<p>The model declaratory action, introduced in 2018, allows qualified consumer associations to sue companies to determine the existence of factual or legal requirements for individual consumer claims. This clarifies key legal questions in cases with many similar claims.<\/p>\n<p>At least 50 consumers must join for admissibility. Affected consumers must actively register to benefit. Proceedings conclude by court settlement or decision. A settlement binds registered consumers, preventing new claims on the same basis. If no settlement is reached, the court\u2019s decision binds courts in subsequent proceedings between registered consumers and the defendant.<\/p>\n<p>Consumers can avoid both outcomes by withdrawing from the model declaratory action, even after the parties have agreed on a settlement. However, the model declaratory action merely leads to a judgment that establishes certain factual or legal prerequisites for an action, meaning that consumers must subsequently assert their claims individually.<\/p>\n<p><strong>&#8211; Remedial Action Claim<\/strong><\/p>\n<p>The German Consumer Rights Enforcement Act (effective October 13, 2023), implementing Directive (EU) 2020\/1828, incorporated the model declaratory action and introduced remedial action claims for performance or damages in consumer-business disputes. Both may be combined.<\/p>\n<p>Any matter suitable for individual litigation may be addressed in representative actions. Only qualified entities may bring such actions, demonstrating that at least 50 consumers are affected with similar legal or factual questions. The opt-in principle applies \u2013 each consumer or eligible small business (under 50 employees, up to 10 million euros turnover) must register within three weeks after the first-instance oral hearing concludes.<\/p>\n<p>The remedial procedure is divided into three phases: First, there is the judicial remedial procedure, which includes the fundamental remedial judgment on the merits, a settlement assessment phase, and, if no settlement can be reached, the final remedial judgment including the total compensation amount.<\/p>\n<p>The first phase is followed by the implementation phase, during which compensation is distributed by a court-appointed administrator, who determines eligibility and the amount of individual damages. The administrator\u2019s decision is subject to judicial review. Finally, there is a possible follow-up procedure \u2013 for example, if the administrator has wholly or partially rejected a claim asserted by a consumer during the implementation phase, or if the defendant company raises objections, provided that such claim or objection could not have been asserted during the previous phases.<\/p>\n<p>Since its introduction in October 2023, the number of remedial action claims has been constantly growing. Further growth is expected, particularly for data protection, competition law, investment, and product liability claims.<\/p>\n<p><strong>&#8211; Capital Investors&#8217; Model Case Proceedings<\/strong><\/p>\n<p>Model case proceedings in capital market matters consolidate claims of investors harmed by similar circumstances, minimizing divergent decisions. When at least ten investors claim damages for the same information obligation breaches, the Higher Regional Court may decide legal and factual issues uniformly. This decision binds subordinate courts deciding individual claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The German Code of Civil Procedure provides several mechanisms for involving third parties in ongoing proceedings.<\/p>\n<p>Independent proceedings may be consolidated when multiple claimants sue a defendant or multiple defendants are sued (subjective joinder). When a claimant asserts multiple claims against a defendant, the court may decide them together if it has jurisdiction over all claims and they require the same type of proceedings (objective joinder).<\/p>\n<p>Third parties may join as claimant (active joinder) or defendant (passive joinder). In necessary joinder, relationships are so closely interwoven that only a uniform decision is possible. In simple joinder, the court finds it economically advantageous to decide independent claims together, with parties remaining independent. Simple joinder avoids duplicative proceedings and evidence-taking.<\/p>\n<p>Both necessary and simple joinder of parties are permissible when the parties form a community of interest regarding the disputed right, when they are entitled or obliged from the same factual and legal grounds, or when similar claims exist. Furthermore, necessary joinder of parties may be mandatory if determined by substantive law.<\/p>\n<p>The Code also provides for third-party intervention to protect interests affected by a proceeding\u2019s outcome. Most commonly, third parties intervene to support a party. Anyone with a legal interest in a party\u2019s success may join to support them. A legal interest is presumed to exist if the decision in the dispute may have a direct or indirect legal impact on the legal situation of the intervening party. Intervenors may take actions and assert means of attack and defence, provided these do not contradict the supported party.<\/p>\n<p>Intervention typically takes place in form of a notice of dispute. A party expecting to assert warranty or indemnity claims against a third party if unsuccessful in the litigation may notify that third party. The notified party may then join as a supporting intervenor. Even if the third party does not join, the judgment in the proceeding of the notifier will have binding effect in the later proceeding between the notifier and the notifyee.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Germany places no restrictions on third-party litigation funding. It is an established instrument facilitating access to justice, particularly for those lacking financial resources or concerned about cost risks.<\/p>\n<p>For private individuals, legal expenses insurance is a widespread means of financing the costs of legal proceedings. In addition, third-party funding of litigation can typically be categorised in two ways:<\/p>\n<p>The first option is that the funder and the party agree that, in the event of success, the funder will receive a share of the awarded amount. Conversely, in the event of an unsuccessful outcome, the party is generally not obliged to reimburse the funder for its expenses.<\/p>\n<p>Second, the claim may be assigned to the funder, who then brings it in their own name. If successful, the funder retains a portion. If unsuccessful, the assignor incurs no additional costs. Instead the funder will be ordered to bear the opposing party\u2019s costs under the general procedural rules (see question 19).This procedure may be restricted by the Legal Services Act (RDG) as a debt collection service requiring authorisation.<\/p>\n<p>The wide range of structuring options has recently led to numerous legal tech companies entering the litigation funding market. For companies, this means that they are faced with an increasing number of claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since COVID-19, courts have increasingly used video and audio transmission for oral hearings. In a video hearing, only the judge needs to be in the courtroom; parties, representatives, witnesses, and experts may be elsewhere.<\/p>\n<p>Availability and acceptance of video hearings varies among courts, judges, and parties. However, with ongoing judicial digitalisation, both digital files and video hearings are expected to increase.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>One primary advantage of litigating international commercial disputes in Germany is the high quality and independence of the judiciary. German courts are renowned for their thorough and fair evaluation of presented evidence and arguments, which strengthens trust in the legal system. Another advantage is, at least once the hearings have started, the efficiency and swiftness of the procedures \u2013 especially when compared to other legal systems \u2013 which is likely to increase further with the ongoing digitisation of the judiciary.<\/p>\n<p>However, a disadvantage might be the complexity and costs associated with international cases. The necessity to translate foreign-language documents and involve foreign witnesses can complicate and increase the cost of the process. Additionally, the different legal cultures and practices can pose a challenge, especially for parties unfamiliar with the German legal system.<\/p>\n<p>However, Germany\u2019s newly established Commercial Courts address exactly those challenges in international litigation. Staffed by judges experienced in international matters and offering English-language proceedings, they are attractive to foreign parties. They provide tailored procedural measures: early case management conferences, readable verbatim minutes, expeditious multi-day hearings, and videoconferencing options.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Anticipated growth areas include digital transformation and technology sectors \u2013 data protection, cybersecurity, digital contracts, and e-commerce. Rapid advancement in these fields will create new legal challenges requiring court resolution.<\/p>\n<p>Furthermore, disputes concerning environmental and climate protection legislation are projected to rise, although German recent case law has tended to be cautious in awarding damages against CO2-emitting companies and has dismissed such claims. As regulations become increasingly stringent, companies will have to adhere to more rigorous standards, likely leading to a higher frequency of legal disputes regarding compliance.<\/p>\n<p>The digitalisation of the judiciary and rise of remote hearings may also introduce new areas of contention regarding procedural fairness and digital evidence acceptance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The impact of technology on commercial litigation in Germany over the next five years is expected to be substantial. The digitisation of the judiciary will enhance efficiency and accessibility, streamlining case management and reducing delays.<\/p>\n<p>Remote hearings and digital evidence will become more prevalent, offering flexibility but raising concerns about procedural fairness and digital security. Robust protocols will be necessary to maintain the integrity of the litigation process.<\/p>\n<p>AI will play a significant role through the use and implementation of the world\u2019s leading number of German legal publications and judgments, supporting lawyers in legal research, document review and case analysis, while assisting courts in managing their caseloads and ensuring consistent judgments. Overall, technology\u2019s integration will transform commercial litigation in Germany, presenting both opportunities and challenges for the legal system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5150<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/145994","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=145994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}