The advantages of the Commercial Court

Highly skilled judges

Highly experienced judges with outstanding qualifications and expertise in commercial law sit in both the Stuttgart Commercial Court and the Mannheim Commercial Court. They will handle your legal dispute with skill, commitment and care.

Every judge is able to conduct the proceedings in English if you so choose. Documents in English which are the object of the dispute can be used in the proceedings. As such, it is not necessary to obtain extensive translations of contractual documents or engage the services of interpreters.

Three judges for greater acceptance

The court divisions are staffed in such a way that proceedings can normally be conducted and arbitrated by three judges. Pooling the experience and knowledge of three judges ensures that decisions are of high quality.

Efficient, tailored organisation of proceedings

Even extensive proceedings can be brought to a professional conclusion within a manageable period of time.

With tailored human and technical resources, the judges are able to advance the dispute through all of its stages quickly.
A pre-hearing meeting can be held in advance in order to structure the later stages of the proceedings (case management conference): If a hearing is set to be complex, preliminary discussions can be held in video-conferences and the various legal matters structured into an agenda.
The Stuttgart Commercial Court and the Mannheim Commercial Court can also accommodate prompt proceedings, potentially even over multiple days, and hear evidence at the same time.

The technical equipment in the courtrooms and the support staff mean that minutes of the verbal proceedings, video-conferences and video testimonies of witnesses and experts can be taken if necessary.

All of the advantages of the judicial process in Germany

The impartiality of the judges is guaranteed by the constitution

In accordance with the German Basic Law, “judges shall be independent and subject only to the law”; Article 97(1) GG.
The status of the judges under constitutional law and their professional ethos preclude all threats to their impartiality.
Their decisions are reliable as the courts are continually active and follow the decisions of the highest courts.

Moderate court fees

A transparent schedule of court fees set out by the law.
Court fees are capped when the value in dispute reaches € 30 million.

Quick and effective temporary legal protection

Extreme urgency is needed in some cases to avoid severe losses. Like every state court, the Stuttgart Commercial Court and the Mannheim Commercial Court can issue quick and effective temporary injunctions pursuant to Section 935 ff. of the German Code of Civil Procedure (ZPO) and judgements ordering seizure and orders of seizure pursuant to Section 916 ff. ZPO.

Easy to involve third parties in proceedings

Third parties can easily accede to the proceedings, such as by means of a third-party notice within the meaning of Section 72 ff. ZPO.

Efficient hearing of evidence

As with every state court, proven, sophisticated and practical rules of evidence make the hearing of evidence foreseeable and efficient in terms of both time and costs.

Effective coercive measures

As state courts, the Stuttgart Commercial Court and the Mannheim Commercial Court have effective means of coercing individuals to conduct themselves in a manner conducive to a quick, simple and fair dispute resolution:
As governing authorities, the courts can exercise state rights and authority. For example, they can issue subpoenas to summon witnesses or experts who will not appear voluntarily.
Additionally, unlike arbitration tribunals, the courts can administer oaths or declarations in lieu of an oath.

Efficient law enforcement

In Germany, judgements are usually (provisionally) enforceable and are recognised automatically in other EU member states.
If a judgement is subject to a temporary enforcement order, even filing an appeal cannot impede its compulsory enforcement.
Under Regulation (EU) No 1215/2012 (the Brussels I Regulation), German state judgements in civil and commercial matters can be enforced relatively quickly and easily in their field of application. In accordance with Article 39 of the Brussels I Regulation, a judgement given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required. Additionally, the 2007 Lugano Convention between the EU and Norway, Iceland and Switzerland facilitates the recognition and enforcement of judgements in civil and commercial matters in the European Economic Area and Switzerland.
If the parties agree that the dispute is to be decided quickly and conclusively in just one court, it is possible to limit the opportunities to file appeals by a mutual agreement not to seek legal remedies – even at the start of the proceedings.

Option to decide on stages of appeal

As a rule, appeals can be filed against decisions.
The Higher Regional Courts of Stuttgart and Karlsruhe house specialised panels which handle appeals and complaints against the decisions of the courts in Stuttgart and Mannheim and which also offer similar advantages.