By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany
Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert law blog German Civil Procedure.
By way of example, here are some actual figures (based on the court fee table as of December 2017):
- If claimant A sues defendant B for payment of EUR 50,000, the claimant must pay court fees of EUR 1,638.
- If A sues B for EUR 2m, the court fees are EUR 26,800.
The full court fee must be paid in at the same time the claimant files the “Klageschrift” (statement of claim). Until the court fee is fully paid, the German court will not serve the offocial court papers to the defendant. Thus, a delay in payment to the court can have catastrophic results if a claim is about to become statute barred.
If, at any time during the German civil lawsuit, the parties come to a settlement, the court fees are reduced by 2/3. This is meant to be an incentive for the parties to settle. Also, it reflects the fact that the judge does not have to write a judgement (Urteil). At the same time, the respective litigation lawyers earn a so called settlement fee (Vergleichsgebühr), which is also an incentive to come to an amicable solution.
Under German law, the winning party is entitled to full compensation for the statutory legal fees. However, experienced litigation experts in Germany are usually not willing to work for the statutory fees alone. They will usually ask for higher fees. Such additional fees are then not recoverable from the opponent.
More information on litigation and legal fees in Germany is available in these posts:
- Making a Court Claim for Money in Germany: It’s actually quite easy
- Standard of Proof in German Civil Litigation
- German Litigation Experts explain Civil Procedure Rules
- A German Claimant can’t be his own Witness
- Compensation for a wrecked Car under the German Law of Torts
- Does German Law of Torts know the Egg Shell Skull Rule?
- How expensive is a German Lawsuit?
- Expert Reports on German Law
- Forensic Accountants for German Civil Lawsuits and Business Litigation
For more on German business and corporate law see these posts:
- How to read a German Company Register Extract
- Company Forms in Germany: An Overview
- Pitfalls of German Contract Law and German Company Regulations (Part 1)
- Pitfalls of German Contract Law (Part 2)
- 3 Ways to Expand Your Business to Germany
- Establish a German Limited Company (GmbH): FAQ and Checklist
- What is a GmbH? The German Limited Liability Company explained
- What is a German “Mini GmbH” or “Unternehmergesellschaft”
- Checklist: Formation of a German Company. And then what?
- Buying a German Company: A quick Checklist
- When Starting a German Business: Don’t Forget the Trade Register Notification
- 10 Things to do when starting a German Business
- German Labour Law: Beware of Fictitious Self-Employment
- Brexit as a Business Opportunity for British SME’s
- German Business and Corporate Law Firm for British and US Clients
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Experts on German-British and German-American Legal Matters
Since 2003, the German business and corporate law firm Graf Partners LLP specialises in British-German and US-German legal cases. Our German business and corporate lawyers are native speaker level fluent in English, have many years of practical experience with clients from Britiain and the USA and are part of a well established network of law, tax and accounting firms.
Managing partner Bernhard Schmeilzl was admitted as German Rechtsanwalt (attorney at law) to the Munich Bar in 2001 and specialises in international cases ever since, with a focus on German-American and German-English commercial, corporate and also probate cases. In addition to obtaining his German legal exams with distinction, he also graduated from the English University of Leicester where he obtained his Master of Laws degree in EU Commercial Law in 2003.
In 2014, Graf Partners LLP has set up the international litigation department GP Chambers which focuses on providing professional litigation services to British and US-American clients, both on a commercial and a private client level. The Graf Partners litigation lawyers regularly appear before German law Courts throughout the country and provide specialist legal advice, support and advocacy services in all commercial and civil law matters, ranging from contract disputes, corporate litigation and employment, to damage claims, divorces and contentious probate. If you wish us to advise or represent you in a German or cross border case, or if you need an expert report on German law, please call +49 941 463 7070.