Litigation in Germany

Your Trusted Lawyer for German Court Proceedings

Whether you are facing a breach of contract, seeking compensation for damages, or dealing with urgent matters that require a preliminary injunction, navigating the German legal system as a foreign party can be complex and overwhelming.

At ROSE & PARTNER, we help international clients understand their legal position, develop a sound litigation strategy, and successfully assert their claims before German courts. We are here to support you — whether you need to sue or respond to a lawsuit. Germany’s civil litigation system follows its own rules and procedures, often unfamiliar to foreign clients. Legal disputes are typically resolved through structured court proceedings, where formal requirements and deadlines are strictly enforced. Without experienced legal guidance, asserting your rights or defending against claims can become a costly and time-consuming endeavor.

Characteristics of Litigation in Germany

What makes the litigation procedure in Germany unique? In Germany, litigation typically arises from business-related or private legal disputes where the parties are unable to reach a resolution outside of court. In practice, it can be about breach of contract, non-payment, shareholder conflicts, or complex inheritance matters. However, unlike in many common law jurisdictions, the German system emphasizes written submissions over oral arguments and follows a strict procedural framework under the German Code of Civil Procedure (Zivilprozessordnung, short ZPO).

In contractual disputes, for instance, German courts require the plaintiff to clearly identify the legal basis of the claim, the contractual relationship, and any specific breaches. This must be presented in a structured legal brief supported by documentary evidence. You need to know that there is no pre-trial discovery phase – instead, each party is responsible for substantiating its position with primary evidence from the outset.

German Commercial Courts for Cross-Border Disputes

Germany has established Commercial Courts at several Higher Regional Courts (Oberlandesgerichte) in major metropolitan areas (such as Hamburg, Berlin, Dusseldorf, Munich, Frankfurt). With these Commercial Courts, Germany like to be seen as an attractive forum for resolving international business disputes within the public court system.

The Commercial Courts have first-instance jurisdiction for high-value disputes between companies, provided the amount in controversy exceeds €500,000. Proceedings are handled by panels of experienced judges who bring specialized expertise in key areas such as corporate law, banking and finance, insurance, transport, and post-M&A litigation.

One of the core innovations is the option to conduct proceedings in English. This feature, in combination with procedural rules modeled after international arbitration—such as optional verbatim transcripts and enhanced confidentiality measures—makes the Commercial Courts particularly appealing for cross-border disputes. For example, the public can be excluded from hearings involving trade secrets, and parties may be bound to increased confidentiality obligations.

Unlike arbitration, decisions rendered by the Commercial Courts are subject to review by the Federal Court of Justice, ensuring full legal oversight and transparency. This combination of judicial independence, legal certainty, international accessibility, and procedural efficiency positions the German Commercial Courts as a compelling alternative to arbitration and foreign litigation venues.

Commercial Litigation: German Trade & Distribution Disputes

Distribution-related disputes (Vertriebsstreitigkeiten) are a common type of commercial litigation in Germany. These disputes typically arise between manufacturers or suppliers and their commercial agents, authorized dealers, or franchisees. Key legal issues include termination of distribution agreements, post-contractual non-compete clauses or compensation claims, especially under sec. 89b HGB (e.g. commercial agent indemnity). Often the parties argue about territorial exclusivity and breach of contractual duties or even pricing and resale restrictions (often with competition law implications).

German civil courts apply a mix of statutory rules (e.g. the Commercial Code – HGB) and case law, especially from the Federal Court of Justice (BGH). There is no general pre-trial discovery, so each party must present and substantiate its claims and defenses with its own evidence. Within the German commercial litigation the parties often seek preliminary injunctions to prevent unfair conduct (e.g. poaching clients after termination), and claims for indemnity or damages are usually filed in regional courts (Landgerichte) with commercial chambers.

Corporate Litigation in Germany: Shareholder Dispute & Manager Liability

In corporate and shareholder litigation, conflicts often arise from deadlocked decisions, profit distributions, or breaches of fiduciary duties. These cases may involve urgent filings such as motions for preliminary injunctions to prevent irreversible damage (e.g. unlawful shareholder resolutions or asset transfers). German courts are accustomed to dealing with such urgent requests and can issue binding court orders within days, provided the legal and factual basis is sound and time-sensitive.

Furthermore, disputes between companies and their managing directors (GmbH) or executive board members (AG) are a central part of corporate litigation in Germany. These cases typically involve breaches of fiduciary duties, claims for compensation of financial loss, disputes over remuneration, termination, or severance. Very often found are cases of non-compete violations after resignation or dismissal or access to company data and documents.

Under German law, managing directors and board members owe strict duties of loyalty and care to the company. Claims for damages are often brought after insolvency or a change in shareholder structure. In GmbH litigation, shareholder resolutions are frequently required to initiate legal action against former or current management. However, German courts apply a “business judgment rule” standard, but shift the burden of proof for compliance with managerial duties to the defendant (§ 93 AktG analog for GmbHs). These proceedings are typically heard by special commercial chambers of the regional courts.

Due to the complexity and personal dimension of such conflicts, a strategic and legally sound approach is essential.

Inheritance Litigation in Germany

In inheritance disputes, especially involving international families or foreign heirs, litigation often centers on the validity of wills, forced heirship claims, or the issuance of German certificates of inheritance (Erbschein). Inheritance disputes before German courts are becoming increasingly common, especially in cross-border successions involving international families, foreign heirs, or assets located in Germany. Typical conflicts include challenges to wills (validity, capacity, undue influence), disputes over forced heirship claims (Pflichtteil) or claims to inheritance shares, legacies, or gifts inter vivos.

German inheritance law follows strict formal requirements. Wills must meet specific form and content rules. If a person dies intestate, the statutory order of succession applies. Forced heirship claims are common, as German law protects close relatives (spouse, children) from being fully disinherited.

Litigation may be initiated in Local probate courts for procedural matters (Nachlassgerichte), such as issuing or revoking certificates of inheritance. Or regional civil courts (Landgerichte) may be in charge for financial claims between heirs or against third parties.

Cross-border inheritance litigation often involves foreign succession laws, international treaties (such as the EU Succession Regulation), and private international law. That’s why engaging a law firm with international litigation experience is crucial.

With inheritance law experts at locations throughout Germany, ROSE & PARTNER is one of the largest and most well-known inheritance law firms in the German-speaking world. We have an international focus, also provide advice in English, and have cooperation partners in several countries.

FAQ - Litigation in Germany

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