Representation before a German Court

Germany has one of the largest and most established court systems in Europe. Businesses, investors and private individuals may become involved in German court proceedings in a wide range of matters, including commercial disputes, unpaid invoices, contract claims, shareholder conflicts, real estate disputes and cross-border litigation.

Whether you intend to bring a claim or defend a legal action, early legal advice can help identify risks, preserve evidence and establish a clear strategy from the outset.

Our lawyers regularly represent domestic and international clients before German courts and advise on disputes involving parties, contracts and assets located both within Germany and abroad.

How German court proceedings work

Civil and commercial proceedings in Germany are generally governed by the German Code of Civil Procedure (Zivilprozessordnung – ZPO). Depending on the type and value of the dispute, cases may be heard before the Local Courts (Amtsgerichte), Regional Courts (Landgerichte), Higher Regional Courts (Oberlandesgerichte) and, ultimately, the Federal Court of Justice (Bundesgerichtshof).

Most proceedings follow a similar structure:

1. Reviewing the facts, evidence and legal position;
2. Determining the appropriate court and litigation strategy;
3. Preparing and filing the claim or defence;
4. Exchanging written submissions and evidence;
5. Attending one or more court hearings;
6. Receiving the court’s judgment; and
7. Enforcing or appealing the decision where appropriate.

German judges generally play an active role in managing proceedings and encouraging the parties to identify the key issues in dispute. In many cases, the court will also explore whether a settlement can be reached before a final judgment is issued.

Where urgent action is required, interim measures such as injunctions may be available to protect rights before the main proceedings have concluded.

Cross-border disputes

As Europe’s largest economy, Germany is frequently involved in international disputes. Additional legal and procedural issues may arise where parties, contracts or assets are located in different countries.

Such matters may involve questions concerning:

• Jurisdiction and forum selection clauses;
• Applicable law;
• Service of documents abroad;
• Recognition of foreign judgments;
• Cross-border enforcement; and
• Coordination of proceedings in multiple jurisdictions.

Our team regularly assists clients in navigating these issues and developing practical solutions that take account of both legal and commercial considerations.

How we can assist

We support claimants and defendants throughout German court proceedings, from the initial assessment of a dispute through to enforcement of judgments and appellate proceedings.

Our services include:

• Initial case assessment and litigation strategy;
• Preparing claims, defences and court submissions;
• Representation at court hearings;
• Debt recovery and enforcement proceedings;
• Interim injunctions and urgent applications;
• Appeals and higher court proceedings; and
• Recognition and enforcement of German and foreign judgments.

Where appropriate, we also assist clients in negotiating commercial settlements and resolving disputes without the need for lengthy court proceedings.

Many disputes today involve multiple jurisdictions, languages and legal systems. With offices in Germany, Austria, Hungary, the United Kingdom and the United Arab Emirates, we regularly support international businesses, investors and private clients in disputes with a cross-border element. Our multilingual team can coordinate with foreign lawyers, experts and other professional advisers where necessary. By combining practical litigation experience with an international perspective, we help clients pursue and defend claims before German courts efficiently, strategically and with a clear understanding of the legal and commercial issues involved.