How to Sue in Commercial Courts in Germany (procedure & Checklist, 2026 Update)

If you need to understand how to sue in commercial courts in Germany in 2026, this guide provides the complete procedural roadmap, from eligibility and filing through to judgment and enforcement. Germany’s Justizstandort‑Stärkungsgesetz (Legal Venue Strengthening Act), published in the Federal Law Gazette as BGBl. I 2024 Nr. 302, created a new category of Commercial Courts (Commercial Courts and Commercial Chambers) and introduced a statutory option to conduct proceedings in English. The reform took effect in stages from 2025, and by mid‑2026 most federal states have adopted implementing measures.

This article sets out the step‑by‑step procedure, the documents needed, realistic timelines and costs, the English‑language option, and common pitfalls, giving general counsel, in‑house teams and founders a single, practitioner‑grade checklist for commercial claims in Germany.

Overview of the Commercial Courts Process and Who It Applies To

Commercial Courts are specialist divisions within Germany’s Regional Courts (Landgerichte). They were established by the Justizstandort‑Stärkungsgesetz to handle high‑value, often cross‑border, commercial disputes more efficiently and, critically, with the option of English‑language proceedings. The statutory basis sits in amended provisions of the Code of Civil Procedure (ZPO) and the Courts Constitution Act (GVG), as published in BGBl. I 2024 Nr. 302.

The reform gives parties a choice. Where a dispute meets the eligibility requirements, claimants may elect the Commercial Court pathway instead of the ordinary civil chamber. The key differentiator is the availability of English proceedings: if both parties consent, the court may conduct hearings, accept submissions and deliver judgments in English. Implementation varies by federal state (Land), and not every Land has activated the English‑language option in the same way or to the same extent. Early indications suggest that the major commercial centres, including Stuttgart, Frankfurt, Hamburg and Munich, have been the most active in establishing dedicated Commercial Court divisions.

Who This Applies To

The Commercial Courts pathway is designed for commercial parties, companies, partnerships, sole traders registered in the commercial register, and international entities with commercial claims. It is particularly relevant for cross‑border disputes where at least one party is foreign and where conducting proceedings in English removes the need for wholesale translation of evidence. The pathway is not available for consumer disputes, employment claims, tenancy matters or family law proceedings. Parties considering how to sue in commercial courts in Germany in 2026 should confirm both the monetary threshold and the subject‑matter eligibility before filing.

Eligibility and Requirements for Commercial Courts in Germany

Not every commercial dispute qualifies. The eligibility test has three components: subject‑matter jurisdiction, monetary threshold and, for English proceedings, mutual consent.

Subject‑matter jurisdiction. The claim must be a civil or commercial dispute of the type ordinarily heard by a Kammer für Handelssachen (Chamber for Commercial Matters) at the Regional Court level. This includes contract disputes between merchants, company law claims, unfair competition matters and certain intellectual property disputes. Claims that fall under mandatory specialist jurisdiction (for example, patent infringement actions assigned to designated patent courts) are excluded.

Monetary threshold. The Justizstandort‑Stärkungsgesetz does not impose a single national minimum value. However, individual federal states may set minimum thresholds for their Commercial Court divisions. Industry observers expect most states to apply a minimum value in dispute in the range of €500,000, reflecting the reform’s aim to attract high‑value international cases. Claimants must check the specific threshold applicable in the Land where they intend to file.

English proceedings, consent requirement. The English‑language option requires the consent of both parties. Consent can be given in advance (for example, in a jurisdiction clause in the underlying contract) or at the time of filing (by joint application). Where only one party consents, the court will proceed in German.

Contractual Consent and Forum Selection

Parties can direct future disputes to a Commercial Court by including a jurisdiction clause in their contract. A well‑drafted clause should (a) identify the specific Regional Court and its Commercial Court division, (b) state that the parties consent to English‑language proceedings under the Justizstandort‑Stärkungsgesetz, and (c) confirm that both parties are commercial entities. Such a clause creates certainty at the point of filing and avoids the need to negotiate language consent after a dispute has arisen.

Thresholds, Value in Dispute and State Variance

The value in dispute (Streitwert) determines not only eligibility but also court fees and appeal rights. Claimants must calculate the Streitwert accurately at the outset, undervaluation can lead to jurisdictional challenges, and overvaluation inflates court fees. The Streitwert is typically the monetary amount claimed, including principal and contractual interest but excluding procedural costs. Where the claim is non‑monetary (for example, an injunction), the court assigns a value based on the economic interest at stake. State variance means that a claim valued at €400,000 may qualify in one Land but not in another, always confirm the applicable threshold with the target court before filing.

Step‑by‑Step Procedure: How to Sue in Commercial Courts in Germany in 2026

The following eight steps outline the procedural pathway from initial assessment through to judgment and enforcement. Timelines are indicative and will vary by case complexity, court workload and whether the defendant is located domestically or abroad.

Step 1: Conduct a Pre‑Filing Assessment and Collate Evidence

Before filing, the claimant and its legal team must confirm that the dispute qualifies for the Commercial Court pathway. This means verifying the subject‑matter jurisdiction, calculating the value in dispute, identifying the correct Land and court, and deciding whether to request English proceedings. At the same time, assemble all documentary evidence: the underlying contract, invoices, payment records, correspondence showing breach or default, and any expert reports already in hand. Organise exhibits in chronological order and number them sequentially, German courts expect a structured and complete file at the point of filing. Allow 1–3 weeks for straightforward claims, or 4–6 weeks for complex, multi‑party or cross‑border disputes.

Step 2: Choose Venue and Language Option

Select the Regional Court whose Commercial Court division has jurisdiction. Jurisdiction typically follows the defendant’s registered seat, the place of performance of the contract, or a contractually agreed forum. If the contract contains a jurisdiction clause nominating a specific Commercial Court, that clause governs. To request English proceedings, include in the claim a written statement that both parties consent, either by attaching the relevant contractual clause or by filing a joint application. If the defendant has not pre‑consented, the court will invite the defendant to confirm or reject the English‑language option after service.

Step 3: Prepare the Statement of Claim (Klage)

The statement of claim must set out the factual background, the legal basis for the claim, the relief sought and the calculation of the value in dispute. Under German civil procedure, the claimant bears the burden of presenting a fully reasoned case at the outset, unlike common‑law systems, there is no discovery phase before filing. The claim document should include a clear prayer for relief (Klageantrag), a structured statement of facts (Klagebegründung), references to supporting exhibits, and the interest calculation where applicable. If English proceedings are requested, the claim may be filed in English in those Länder that have activated the option, though certain Länder may still require a parallel German translation.

Step 4: File the Claim with the Court Registry

File the completed Klage together with all exhibits at the court registry. In most Länder, electronic filing via the beA (besonderes elektronisches Anwaltspostfach, the dedicated electronic lawyer mailbox) is mandatory for attorneys. Court fees must be paid at or shortly after filing; the court will not serve the claim until fees are received. Retain a stamped or electronically receipted copy as proof of filing date, this is critical for limitation purposes.

Step 5: Serve Proceedings on the Defendant

The court arranges formal service (Zustellung) on the defendant. For domestic defendants, service is typically effected by registered post or through a process server, taking 2–4 weeks. For defendants located abroad, service must comply with the Hague Service Convention or the applicable EU service regulation. International service routinely takes 4–12 weeks, depending on the receiving state’s central authority. Proof of service is essential, without it, the court cannot proceed to default judgment if the defendant fails to respond.

Step 6: Apply for Interim Measures or Injunctions (If Needed)

Where urgency demands it, the claimant may apply for interim relief (einstweilige Verfügung or Arrest) at any stage, even before filing the main claim. The court can grant injunctions ex parte (without hearing the defendant) where delay would cause irreparable harm. The claimant must demonstrate both a substantive claim and a ground for urgency. The court may require the claimant to provide security to cover potential damages if the interim measure later proves unjustified.

Step 7: Respond to the Defence, Exchange Evidence and Address Expert Reports

After service, the defendant has a court‑directed period, typically 2–4 weeks, extendable on application, to file a statement of defence (Klageerwiderung). The claimant may then file a reply. German civil procedure does not have common‑law‑style disclosure or discovery. Instead, each party submits its own documentary evidence and may request that the court order the opposing party to produce specific documents. Where technical or valuation issues arise, the court may appoint an independent expert (Sachverständiger). Expert reports typically take 6–12 weeks to prepare and are submitted to both parties for comment before the hearing.

Step 8: Attend the Hearing, Receive Judgment and Consider Appeal

The court schedules an oral hearing (mündliche Verhandlung), usually 2–6 months after the close of written submissions. At the hearing, the presiding judge questions the parties and any witnesses. In Commercial Court proceedings conducted in English, the hearing itself proceeds in English. Judgment is typically delivered on the same day or reserved for a later date. The losing party may appeal to the Higher Regional Court (Oberlandesgericht). Under the amended provisions introduced by the Justizstandort‑Stärkungsgesetz, the appeal must generally be filed within one month of service of the written judgment. Further appeal to the Federal Court of Justice (Bundesgerichtshof) is only possible on questions of law and requires leave.

Documents Needed to File a Commercial Claim in Germany

The following table lists the documents typically required to file a commercial claim in a German Commercial Court. Completeness at the point of filing reduces delays caused by court queries or requests for supplementary evidence.

Where claims are filed in English, claimants should confirm with the specific court registry whether a German translation of the Klage is needed alongside the English version. The answer depends on the Land’s implementing order and the court’s practice directions.

Timeline and Key Deadlines for Commercial Court Claims in Germany

German civil procedure does not impose a single statutory timeline for the progression of a claim. Instead, the pace is determined by a combination of statutory limitation periods (which govern when a claim must be filed), court‑directed procedural deadlines and the practical realities of evidence exchange and hearing scheduling. The table below summarises the key milestones.

The overall duration of a Commercial Court case from filing to first‑instance judgment will depend heavily on case complexity, whether expert evidence is needed, and whether the defendant is domestic or foreign. For a straightforward domestic claim, the likely practical effect will be a timeline of approximately 6–12 months from filing to judgment. Cross‑border cases involving Hague Service and expert evidence may take 12–18 months or longer. State variance also plays a role: courts in major commercial centres with dedicated Commercial Court divisions may schedule hearings more quickly than courts with smaller caseloads.

The one‑month appeal deadline is strictly enforced. Missing it generally forecloses the right to appeal, except in narrow circumstances where reinstatement (Wiedereinsetzung in den vorigen Stand) can be granted, for example, where the party was prevented from acting by an unforeseeable event.

Costs, Fees and Tax Considerations for Commercial Court Claims

Costs in German commercial litigation comprise court filing fees, counsel fees, translation and notarisation expenses, expert fees and enforcement costs. The following table provides indicative estimates. All figures are estimates, parties should obtain a precise assessment from qualified German counsel before filing.

Cost recovery. Germany follows the “loser pays” principle. The losing party is generally ordered to reimburse the winning party’s court fees and statutory counsel fees. However, if the winning party engaged counsel on an hourly‑rate basis above statutory rates, only the statutory portion is recoverable. VAT at 19 % applies to counsel fees and expert fees; court fees are exempt from VAT.

What Changes in 2026: Implementation and English‑Language Proceedings

The Justizstandort‑Stärkungsgesetz was published as BGBl. I 2024 Nr. 302. Key provisions entered into force in stages from 2025. By mid‑2026, the reform is fully operational at the federal statutory level, and the practical landscape depends on how individual Länder have implemented the English‑language option.

The statute authorises, but does not require, each Land to allow proceedings in English before its Commercial Courts and Commercial Chambers. The likely practical effect is a patchwork: the major commercial jurisdictions (notably Baden‑Württemberg, Hesse, Hamburg, North Rhine‑Westphalia and Bavaria) have activated the English option, in some cases establishing dedicated divisions with English‑speaking judges. Other Länder have adopted the option more cautiously or with limitations.

For the procedure to operate in English, both parties must consent. If the contract contains a jurisdiction clause specifying English proceedings under the Justizstandort‑Stärkungsgesetz, that clause is typically sufficient. Otherwise, the claimant requests English proceedings in the Klage, and the court invites the defendant to confirm consent after service. If the defendant objects, the court proceeds in German.

Key practical points for parties considering English proceedings in 2026:

• Check the specific Land’s implementing order. Not every Commercial Court has activated the English option. Confirm availability with the target court registry before filing.
• Include an express request in the statement of claim. State clearly that the claimant requests proceedings in English under the amended GVG provisions.
• Attach evidence of consent. If the contract contains a jurisdiction and language clause, attach it as an exhibit. If not, include a draft joint application for the defendant to sign.
• Prepare for a bilingual file. Even in English proceedings, certain formalities (such as enforcement titles) may need to be in German. Budget for selective translation.

Common Pitfalls and How to Avoid Them

• Missing or inadequate translations. Filing foreign‑language documents without certified German translations, where required, causes delays. Solution: commission certified translations of all key exhibits before filing and confirm the court’s language requirements in advance.
• Failing to confirm English‑proceedings availability. Assuming every Commercial Court offers English proceedings is a common mistake. Solution: contact the target court registry or check the Land’s implementing order before drafting the claim.
• Incorrect valuation of the claim. Over‑ or under‑stating the Streitwert affects jurisdiction, court fees and appeal rights. Solution: calculate the value in dispute carefully and seek counsel’s input on borderline cases.
• Poor proof of service on foreign defendants. Without valid proof of service under the Hague Convention or the EU service regulation, the court cannot enter a default judgment. Solution: use the prescribed service channels and retain all certificates of service.
• Delayed applications for interim relief. Waiting too long to apply for an injunction undermines the urgency requirement. Solution: assess the need for interim measures at the pre‑filing stage and file immediately where justified.
• Underestimating enforcement. Obtaining a judgment is only half the process. Solution: conduct an asset‑tracing exercise early and plan the enforcement strategy in parallel with the main claim.

Sources

1. Bundesgesetzblatt, Justizstandort‑Stärkungsgesetz (BGBl. I 2024 Nr. 302)
2. Deutscher Bundestag, Gesetzentwurf / Drucksache (Justizstandort‑Stärkungsgesetz)
3. Bundesrat, Drucksache 418/24 (Länder implementation)
4. SZA Client Briefing, “The Commercial Courts Act One Year On” (2026)
5. PwC Legal, Introducing a New Dispute Resolution Forum in Germany
6. Gleiss Lutz, Implementation Status of Commercial Courts in Federal States
7. Commercial Court Stuttgart, Practical Court Page
8. Chambers Practice Guides, Dispute Resolution 2026 (Germany)
9. KPMG Law, Commercial Courts: When They Are Worthwhile