Commercial Courts

Advantages of Commercial Courts

Commercial Courts offer companies an attractive alternative to arbitration, as they combine the advantages and benefits of both types of proceedings: independent state jurisdiction on the one hand and arbitration on the other.

High degree of specialization

The Commercial Courts are highly specialized divisions of a Higher Regional Court staffed by three professional judges, whose members have many years of experience in conducting national and international civil proceedings in commercial and corporate law.

Acceleration

The short chain of appeal guarantees that disputes are resolved promptly. The Higher Regional Court acts as the court of first instance and no leave is required to appeal to the Federal Court of Justice (Section 614 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO external link)).

At an early organizational meeting, procedural agreements can be reached with the parties and, for example, a timetable can be drawn up to promote effective proceedings (Section 612 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO external link)).

The internal court organization of the Commercial Courts is also designed to speed up proceedings. In particular, the Munich Higher Regional Court's schedule of responsibilities gives priority to Commercial Court activities over other tasks of the judges involved.

Language used in court

Proceedings before the Commercial Courts may be conducted in English in whole or in part (Section 184a et seq. of the German Judicature Act (Gerichtsverfassungsgesetz – GVG)). Even if the proceedings are not conducted entirely in English, contractual documents, deeds or pleadings may be submitted in English and do not have to be translated at great expense and with considerable delay.

Extension of confidentiality rules

The public can be excluded from hearings concerning trade secrets.

Verbatim transcript

At the request of the parties, a verbatim transcript of the hearing can be taken.

Guidelines

In cooperation with the Commercial Court divisions of the Higher Regional Courts of the German federal states, guidelines have been drawn up describing the principles of procedure and useful information for national and international audiences. [link]

Mediation

There is the option of an internal court mediation procedure tailored to the Commercial Courts.

Jurisdiction

1. Disputes in the supply chain (40th Civil Division), i.e. disputes between the manufacturer of a final product and his suppliers, as well as between suppliers.

These may be contractual disputes, i.e. disputes concerning the interpretation and performance of supply contracts, rights with regard to defects, claims arising from delay, termination, etc. Disputes arising from delivery interruptions, disruptions along the supply chain or restrictions on supply may also be considered. Finally, disputes concerning sustainability requirements in the supply chain, i.e. ESG compliance, human rights and environmental standards, are also covered.

2. Disputes between a company and members of its management body or supervisory board (41st Civil Division) with the exception of disputes concerning the validity or legality of resolutions of shareholders or corporate bodies, proceedings under Section 71 (2) No. 4 of the German Judicature Act (Gerichtsverfassungsgesetz – GVG) or under Section 375 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit – FamFG).

Access to the Commercial Courts

Access to the Commercial Courts is voluntary, primarily based on an agreement on jurisdiction, on uncontested admission or on a referral by the Regional Court upon mutual request of the parties in accordance with Section 611 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO).

Judicial personalities – members of the Divisions

40th Civil Division - Commercial Court for supply chain disputes

•    Presiding Judge at the Higher Regional Court Dr. Gesa Lutz

Long-standing chair of Civil Chambers and Appellate Court Divisions (banking, capital investment matters, unfair competition law, antitrust and copyright law) specialized in private international law and procedural law, antitrust, banking and capital market law, as well as contract and tort law.

Dr. Lutz provides commentary in BeckOK ZPO and BeckOGK ZPO.

 

•    Judge at the Higher Regional Court Christian Weiß

Specialization as a former solicitor with a focus on commercial law, as a long-standing public prosecutor for commercial criminal proceedings and as a judge in Civil Chambers and Appellate Court Divisions in company law, trade secret protection law, industrial property rights, company acquisitions and company valuations.

Christian Weiß lectures in the field of commercial criminal law at the TUM School of Management. He has published on corporate criminal law (‘Konzernstrafrecht – Handbuch für die Unternehmens- und Anwaltspraxis’ [Corporate Criminal Law – Handbook for Business and Legal Practice], editors Minkoff/Sahan/Wittig, C.H. Beck).

 

•    Judge at the Higher Regional Court Sabine Bruckmann

Many years of specialization as a public prosecutor and judge in commercial and tax criminal matters and as a member of Civil Chambers and Appellate Court Divisions in the areas of banking and finance, commercial investment advice and brokerage, commercial matters and corporate law disputes; experience as a conciliation judge.

 

41st Civil Division - Commercial Court for disputes between a company and members of its management body or supervisory board

•    Presiding Judge at the Higher Regional Court Prof. Dr. Gregor Vollkommer

Member of various Civil Chambers and Appellate Court Divisions with special responsibilities in insurance law and banking and capital market law, in lawyer and tax advisor liability, and in insolvency matters; Representative of the StMJ in the representation of the Free State in Brussels, academic work in international private and procedural law.

Prof. Dr. Vollkommer is an honorary professor at the Technical University of Munich (TUM) and publishes regularly on issues of civil and civil procedural law.

 

•    Judge at the Higher Regional Court Maria-Theresia Webert-Girshausen

Specialization as a public prosecutor in commercial criminal matters, as a member of Civil Chambers and Appellate Court Divisions, including in insolvency and banking law. Trained mediator with many years of mediation experience.

 

•    Judge at the Higher Regional Court Kathrin Huber, M.Jur (Oxford)

Member of various Civil Chambers and Appellate Court Divisions, public prosecutor for economic criminal matters and full-time working group leader for trainee solicitors. Trained mediator with many years of mediation experience as a conciliator and as a lecturer in the Munich training programme for business mediators.

 

•    Judge at the Higher Regional Court Prof. Dr. Rüdiger Veil

Holder of the Chair of Civil Law and Corporate Law at Ludwig Maximilian University in Munich. Research focuses on corporate and capital market law, in particular stock corporation, limited liability company and securities trading law. Editor of several leading commentaries and handbooks on these areas of law and author of over 150 national and international publications. Extensive practical experience in international arbitration proceedings and as a member of the Joint Board of Appeal of the European Supervisory Authorities (ESA).