Court fees are charged for proceedings before the courts in civil and commercial matters. These fees are the fees and expenses of the court. After filing the application, the court charges an advance on court fees in an amount equal to the legal court fees. As a general rule, the claim is not served on the opposing party until the party bringing the action has paid the advance for court costs at the time of filing. Administrative courts have three levels and hear cases relating to formal settlements and actions. The expert determination is based on an agreement between the parties that disputes on questions of fact or law are to be assessed by an independent expert. Like conciliation and mediation, expert appraisal procedures are confidential. The parties may agree that the expert opinion is or is not binding on them. However, if the expert`s opinion is not considered by either party, subsequent litigation or arbitration is required to enforce the underlying claim. A quick way to obtain an enforceable title in a pecuniary claim is the dunning procedure.
In cases where the defendant does not contest the claim, this accelerated procedure provides for the issuance of an enforceable title within a few weeks. In addition, there are procedures in which the applicant relies entirely on documentary evidence which, after a limited examination of the merits, leads to a documentary procedure. If a party wishes to obtain a particular piece of evidence before bringing an action, it may request independent evidence. Failure to respect the colours, flag, coat of arms or national anthem of the country or one of its states is a criminal offence in Germany; or remove, damage or disfigure national flags or symbols displayed in public. Insulting a person may also constitute a criminal offence, especially if the person is a public official, such as a police officer or a judge acting under his or her legal authority. In short, the German judicial system for civil proceedings is three-tiered. As a general rule, each court decision may be appealed to a higher court in two rounds. The first series of actions may be based on the correction of facts and points of law, while the second series of actions is limited to points of law. The trial court (i.e. the court seised of the action) depends on the amount of the dispute: smaller claims with a value in dispute of EUR 5,000 or less must be filed with a district court. Larger claims with a value in dispute of more than €5,000 must be filed with a regional court. Decisions of the District Court may be appealed to the regional courts.
Decisions of the Regional Court may be appealed to the Higher Regional Court. It is also possible to appeal to the Federal Court of Justice against cassation decisions of regional courts and higher regional courts. In addition to the notice of opposition filed as a third party (see question 4.3 above), German law also provides for the grouping of several plaintiffs or defendants if there is a legal or factual link between the claims. On this basis, the plaintiff may assert the claim against other defendants even if the proceedings are already ongoing. Defendants, on the other hand, may also file a counterclaim not only against the plaintiff, but also against third parties (counterclaim). When you reply to the first letter, it will simply state that you are ready to defend yourself. Following this letter, another letter will be sent to you explaining how you will defend yourself and the witnesses you wish to call. It also usually has a two-week deadline to respond. This letter should set out the legal justification and it is therefore advisable to consult a German legal expert who will provide you with the necessary assistance. One of the great advantages of German litigation is that the cost risk is predictable. The calculation of reimbursable attorneys` fees and court costs is regulated by law.
The fees depend on the amount in dispute: the higher the amount in dispute, the higher the fee. However, the fees increase degressively, i.e. if the amount in dispute is doubled, the costs are less than twice as high. In order to avoid excessive costs, the calculation of fees is limited to a value of EUR 30 million per claimant, even if several claims are pursued in a single action or if the defendant submits a counterclaim. Therefore, litigation (claim plus counterclaim, if applicable) with an actual value of €500 million incurs the same costs as litigation with a value in dispute of €30 million. The threshold for the value of the claim can be up to EUR 100 million in exceptional cases where a law firm represents more than one party, but the actions brought by or against those parties are different. In minor cases at first instance, it is possible to represent oneself before the District Court. This can be tried to “save costs,” but if the other party has a lawyer, they have an advantage. It should be remembered that a German lawyer has many years of legal training, as well as a comprehensive knowledge of court procedures and procedures in German. Not having a lawyer by your side is a very risky decision.
German law provides for seizure and injunction provisionally. Attachment only secures pecuniary claims or claims that can be converted into pecuniary claims, while injunction ensures the enforcement of other claims. The application must be submitted to the court competent to hear the dispute. Applicants must provide prima facie evidence of both a specific application for attachment or injunction and a reason why interim measures are necessary. specifically. Why it`s particularly urgent. Litigation financing is available from legal protection insurance companies and national or international investment firms in litigation. Financing by these litigation investment firms is becoming increasingly popular in Germany. Litigation funders require on average 30-35% of awards as compensation. Confrontation with a trial brings difficulties. This is especially true if you don`t know how the legal system works in Germany. A litigator will give you the peace of mind you need as they can guide you through the process.
At Schlun & Elseven, our litigators understand the discomfort a client may feel when they have not yet had to deal with the German legal system. Together with our clients, we promote the clear communication policy to ensure that they understand the whole process and receive understandable advice. If you`ve received help in your corner, a German lawsuit may be more manageable. Parties who are unable to pay court fees may apply for legal aid if their action has a reasonable chance of success and does not appear frivolous.