Foreign investors involved in a commercial dispute in Germany
can appeal to several legal methods enforced to resolve this type of issue. Commercial disputes in Germany
can be solved through litigation
and arbitration. Although the law stipulates that a commercial dispute
can be solved through arbitration, it is important to know that this procedure is rarely used, as the Germans
prefer solving their legal issues through litigation
, due to its efficient proceedings. Businessmen who want to receive more details on the main steps of the commercial litigation
can address to our team of German attorneys
Litigation for commercial cases in Germany
Commercial litigation in Germany
refers to those types of commercial situations
involving two parties that have signed a contract, in which one of the parties (or both) did not respect the provisions of that particular contract.
that can be resolved in a German court
are based on the rules and regulations of the German Stock Companies Act
and the Limited Liability Company Act
; still, the term "corporate
" also includes legal issues that can derive from mergers and acquisition processes. Our team of German lawyers
can provide more details on the meaning of corporate litigation
Court proceedings for a litigation case in Germany
As a general rule, a commercial litigation
case can be brought to the court within three years, but this can depend on the specific situation in which the company is involved in.
The period can grow up to ten year for the transfer of ownership in the case or real estate claims.
The first instance courts to which investors can address to are the local civil courts
, for both civil and criminal matters, or to the regional civil courts
. Commercial disputes
can be addressed at the regional courts
if the claims are above EUR 5,000; for cases where the sum is below EUR 5,000, the persons can address to the local civil courts
. For commercial disputes
involving large sums of money, the regional courts will hear the case with the assistance of the three judges (which is the maximum number of judges to establish a full chamber).
Businessmen who need further information on the commercial litigation cases in Germany
can contact our German law firm
for legal advice.