The roster allocating court business is as follows for the Stuttgart Commercial Court:
49th Civil Division
Dr Melin (Presiding Regional Court Judge)
Deputy presiding judge:
Dr F. Osswald (Regional Court Judge) (from 6 November 2020)
Dr Malcher (0.5) (Regional Court Judge)
- also 49th Civil Division (0.5) -
Competence and jurisdiction:
a) Corporate disputes as long as the focus of the dispute does not fall under investment law, especially legal disputes
- aa) concerning claims resulting from business partnerships,
- bb) concerning internal relationships within companies,
- cc) concerning disputes between companies,
- dd) between a company and its bodies resulting from the employment relationship and
- ee) concerning the internal liability of management and supervisory bodies of companies.
This does not apply to proceedings under the German Act on Arbitration Proceedings (SpruchG) or the exclusive jurisdiction of the divisions over commercial matters.
b) Disputes in connection with the acquisition of companies or shares of companies, as long as the focus of the dispute does not fall under investment law.
c) Disputes at first instance concerning mutual commercial transactions with an amount in dispute of EUR 1 million or more at the time of receipt of the action, unless there is special jurisdiction of one or more other civil chambers of one or more other civil chambers exists.
Representation: Presiding judge of the 31st Commercial Division
II. Commercial Divisions
31st Commercial Division:
Dr Schumann (Presiding Regional Court Judge)
Competence and jurisdiction:
a) Commercial matters within the meaning of Section 95 ff. of the German Courts Constitution Act (GVG) in a rotation pursuant to margin numbers 107 and 108.
b) The hearings listed in section 13(2) no. 1–7a and no. 9–11 of the ordinance on judicial competence (ZuVOJu), other legal disputes concerning the internal relationships (Section 95(1) no. 4a GVG) of stock corporations, European public companies (i.e. societas Europaea) or limited partnerships or similar entities under foreign law and the hearings listed in section 15a no. 2 of the ordinance on judicial competence (ZuVOJu) pursuant to Section 66(1) sentence 1 of the German Securities Acquisition and Takeover Act (WpÜG).
c) The hearings listed in section 13(2) no. 8 of the ordinance on judicial competence (ZuVOJu), pursuant to the German Act on Arbitration Proceedings (SpruchG), in a rotation with the 40th and 42nd Commercial Divisions, in which regard the 40th and 42nd Commercial Divisions are only taken into consideration every second time. When the first application for a structural measure for which no shareholder action has so far been pending is submitted, ten hearings are allocated to the relevant commercial divisions, regardless of the number of other applications submitted in connection with the same measure, in accordance with marginal numbers 107 and 108 (general rotation).
d) Disputes in connection with the acquisition of companies or shares of companies, as long as the focus of the dispute does not fall under investment law.
e) Disputes concerning mutual commercial transactions with a value in dispute of at least € 2 million when the lawsuit was filed, provided that one or more other commercial divisions do not have special jurisdiction or, pursuant to marginal number 28 b), the dispute is resulting from construction and architectural contracts or engineering contracts to the extent that they relate to a construction service.
Presiding judge of the 49th Civil Division