German Litigation Lawyers

Legal Solutions Made in Germany

German Litigation Lawyers

Legal Solutions Made in Germany

Litigation in Germany presents daunting challenges for international corporate and private clients, from facing complex national and state laws to overcoming language barriers and procedural differences. Foreign clients must contend with these unique obstacles with a nuanced understanding and strategic approach to achieve favourable outcomes in the German legal system.

At Schlun & Elseven Rechtsanwälte, we are a full-service law firm with extensive expertise in German litigation. We provide comprehensive guidance to foreign corporate and private clients across all aspects of litigation, whether responding to German lawsuits or initiating legal action. Our skilled team of litigation lawyers offers strategic, tailored advice to ensure optimal outcomes for your legal matters, including disputes with German suppliers and contract breaches. We deliver comprehensive litigation services from pre-trial advice through courtroom representation to post-judgment enforcement. Additionally, we specialise in enforcing foreign judgments in Germany, ensuring efficient handling of international legal issues. Please do not hesitate to contact us to leverage our expertise for your legal needs.

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Our Litigation Services

Court Representation and Legal Consulting
Litigation Enforcement

Lawsuits in Germany

Lawsuits in Germany typically arrive in yellow envelopes, and it is crucial to keep all related documents upon receipt. The initial response and subsequent deadlines for outlining your case strategy are paramount. The letter will detail the plaintiff, the nature of the lawsuit, and the involved court. Timely and careful handling of this documentation is vital for your legal defence. Missing these deadlines can severely impact your case, potentially leading to a default judgment against you.

At Schlun & Elseven Rechtsanwälte, we have extensive experience assisting foreign clients with the German legal system. Our expertise spans various industries, such as automotive industry litigation, cases involving industrial machinery and complex litigation involving the semiconductor industry. We also represent private individuals in personal legal matters, ensuring each client receives personalised attention and strategic defence planning. Our team advises on both defence strategies and the decision to bring a case to court. We provide clear guidance on courtroom expectations, legal procedures, and potential outcomes. We aim to offer efficient communication and exceptional customer service, ensuring you are well-informed and supported throughout the legal process.

Recognition and Enforcement of Foreign Judgments

At Schlun & Elseven Rechtsanwälte, our experienced lawyers advise on the recognition and enforcement of foreign judgments in Germany. Our team thoroughly analyses the specific judgment in question to determine the optimal legal strategy. The process can involve dealing with complex issues, such as bilateral arrangements between jurisdictions for recognising legal judgments. It’s important to note that countries have no universal obligation to recognise foreign court judgments, although certain international conventions in specific fields facilitate multilateral recognition.

If there is an established bilateral relationship between the jurisdiction of the foreign judgment and Germany, our legal professionals can assist in directly enforcing the judgment through regional courts. However, our lawyers initiate exequatur procedures to seek recognition in German courts for judgments originating from jurisdictions without such arrangements. This procedure is particularly relevant for judgments from countries outside the European Union, such as the USA, China, and Turkey, where specific agreements with Germany may not exist across all legal domains. For personalised guidance on dealing with these legal complexities, please consult our experienced professionals.

Enforcing German Judgments: Debt Collection and Asset Seizure

Enforcing domestic judgments in Germany is fundamental to upholding legal decisions and rights protected under German law. Schlun & Elseven Rechtsanwälte oversees these processes, ensuring prompt enforcement of court judgments. We handle all aspects, from executing court orders to seizing assets when necessary, leveraging our deep understanding of German civil procedure to provide strategic guidance.

Our firm prioritises the enforcement of German court judgments, assisting clients in securing monetary compensation, injunctive relief, and other court-ordered remedies. We diligently manage the execution of court orders to ensure compliance, including overseeing asset seizures as mandated by court rulings. Additionally, we offer robust debt collection services tailored to each case, aiming for swift and efficient resolution of commercial disputes, contractual breaches, and other legal matters. We stand ready to advocate for our clients’ rights and interests throughout the entirety of domestic judgment enforcement in Germany.

Arbitration Services

Arbitration offers an alternative route for resolving disputes. It allows disputes to be adjudicated outside of the courtroom and thus in a more private sphere. There are several advantages to be gained by pursuing the arbitration route, as generally, arbitration cases are faster, more cost-effective and have greater flexibility in how they are conducted. Those engaging in arbitration will be presented with ad-hoc or institutional arbitration, and the preferred route will vary based on the client. At Schlun & Elseven Rechtsanwälte, we offer our services in such arbitration disputes and representing clients within proceedings.

Company Lawsuits and Corporate Litigation

Corporate litigation and company lawsuits in Germany encompass a range of complex legal issues critical to business operations. At Schlun & Elseven Rechtsanwälte, we specialise in guiding our corporate clients through these challenges. Whether it’s resolving shareholder disputes, tackling breach of contract cases, addressing corporate governance issues, or advising on disputes arising from mergers and acquisitions, our team of experienced German corporate lawyers provides strategic counsel and representation. Our firm offers tailored legal solutions to mitigate risks and achieve favourable resolutions. Our proactive approach ensures that we address potential conflicts swiftly and strategically, minimising disruption to your business operations. Whether you are initiating legal action or responding to litigation, we are committed to achieving successful outcomes.

Bringing Cases Against German Suppliers for Faulty Goods

As a foreign company, pursuing litigation against German suppliers for providing faulty goods can be a complex and daunting process. The German legal system has specific regulations and standards regarding product quality and supplier obligations, which can significantly impact the outcome of such cases. At Schlun & Elseven Rechtsanwälte, we provide comprehensive legal support to foreign businesses facing these challenges. Our experienced team is well-versed in German commercial law and international trade regulations, ensuring that your case is handled with the highest level of expertise. We assist in gathering necessary evidence, navigating procedural requirements, and formulating effective legal strategies to hold German suppliers accountable for defective products.

Our services include pre-trial negotiations aimed at reaching an amicable settlement, representation in German courts if litigation becomes necessary, and enforcement of judgments to ensure you receive due compensation. We understand the importance of maintaining business relationships while protecting your company’s interests, and we strive to resolve disputes efficiently and effectively.

The Default Judgment (das Versäumnisurteil)

A default judgment (Versäumnisurteil) in Germany arises when a party fails to appear at a court hearing without a valid reason, or if they arrive more than 15 minutes late. This legal mechanism, governed by §§ 330-331 ZPO (Code of Civil Procedure), ensures that the judicial process is not obstructed by non-cooperation. If you receive a default judgment, it is crucial to act promptly. Although this judgment is serious, it is not necessarily the final word in your case. Under § 338 ZPO, you have the right to contest the decision, especially if the absence or delay was due to circumstances beyond your control. Engaging a knowledgeable German lawyer immediately is essential to determine the legal remedies available and to resolve the matter appropriately.

Litigation Fraud Defence

Litigation fraud, classified under § 263 StGB of German law, involves intentionally procuring an unlawful pecuniary advantage by causing financial damage to another through deceit. This includes presenting false facts, distorting, or suppressing information to win a case. There are two primary types of litigation fraud: deceiving the judge to cause financial loss to the losing party, and deceiving the litigant into making self-damaging asset decisions, such as waiving claims.

Litigation fraud can occur in various contexts, including default procedures, insolvency proceedings, and interactions with judicial officers or bailiffs. Given the duty of truth under § 138 ZPO (Code of Civil Procedure), it is crucial for parties to be truthful and vigilant in all statements made during legal proceedings to avoid severe legal consequences.

    Providing Legal Opinions

    At Schlun & Elseven Rechtsanwälte, our lawyers provide expert legal opinions across diverse legal areas, helping parties gain a qualified outlook on specific transaction-related issues. These written documents, prepared by qualified lawyers, assess the validity of records, contractual obligations, and the impact of German law on particular projects. Our corporate clients rely on us for expert legal opinions, especially for complex cross-border issues, to avoid costly disputes and ensure smooth transactions.

    Private individuals also benefit from our well-considered legal opinions. We efficiently set out the facts, identify relevant laws and regulations, and apply those laws to specific situations. Our thorough examination of legal principles can prevent prolonged disputes and facilitate quick resolutions, safeguarding our clients’ interests.

    Serving Documents

    If you need to serve documents to someone in Germany, our English-speaking lawyers can streamline the process. Instead of dealing with the complexities and delays of working with a local Gerichtsvollzieher (bailiff), partnering with our legal team ensures efficient and professional service. Germany’s lack of private process servers and the procedural requirements for personal delivery can make serving documents from abroad challenging. At Schlun & Elseven Rechtsanwälte, we prioritise timely customer service and transparency, mitigating complications and ensuring your documents are served according to German legal standards.

    Tax Litigation

    Tax disputes can arise when taxpayers and tax authorities disagree over self-assessed submissions. In such cases, arbitration is not an option, but individuals and companies should not hesitate to challenge claims made by tax authorities. Tax authorities’ errors are not uncommon, and negotiations can often yield favourable outcomes for taxpayers, especially with the guidance of a skilled tax lawyer. Representation by legal professionals is mandatory at higher courts like the German Fiscal Court.

    At Schlun & Elseven Rechtsanwälte, a full-service law firm, we provide comprehensive support to private individuals and companies facing tax litigation. Our experienced tax lawyers are available to advocate for you through any legal disputes that may arise, ensuring your interests are protected and your case is handled with expertise and precision. Trust our team to guide you through the complexities of tax litigation in Germany with personalised attention and strategic legal advice tailored to your specific needs.

    Enforcement and Defence of Claims

    Our German litigation and proceedings lawyers support you in enforcing your claims and defending against unjustified accusations or claims.

    German Enforcement Law

    If a debtor fails to meet their payment obligation, the creditor has the option of initiating enforcement proceedings. The creditor has a wide range of enforcement measures to recover the debt. However, the debtor can also take steps to defend himself against the creditor’s enforcement measures.

    Our German lawyers advise creditors and debtors regarding the most suitable enforcement measure or legal protection option for the specific case.

    Eviction Action

    Disputes also arise between tenants and landlords, often settled in court. This is the case, for example, in action for eviction. If a tenant does not move out of the used rental property after the tenancy has been terminated, the landlord can obtain a court decision and subsequent enforcement for eviction.

    Preventive Measures – Domestic Violence Protection Proceedings

    The courts can also determine preventive measures. The proceedings for the protection against violence serve to determine various measures for the protection against acts of violence and stalking. The defendant can be ordered to take steps regarding contact and physical distance from the applicant through the interim injunction. If the defendant violates the court’s orders, it is possible to file criminal charges.

    Schlun & Elseven Logo

    Our Litigation Lawyers

    Our Litigation Lawyers

    Aykut Elseven

    Lawyer | Managing Partner

    Dr. Tim Schlun

    Lawyer | Managing Partner

    Dr. Thomas Bichat

    Lawyer | Salary Partner

    Dr. Richard Nouvertné

    Lawyer | Freelance

    Contact our German Litigation Team

    Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.

    Locations & Office Times

    Mo – Fr: 09:00 – 19:00
    24h Contact: 0221 93295960
    Email: info@se-legal.de
    Appointments made by prior reservation only.

    Von-Coels-Str. 214
    52080 Aachen
    Tel: +49 241 4757140
    Fax: 0241 47571469

    Bayenthalgürtel 23
    50968 Cologne
    Tel: +49 221 93295960
    Fax: 0221 932959669

    Düsseldorfer Str. 70
    40545 Düsseldorf
    Tel: +49 211 882 84196
    Fax: 0221 932959669

    Locations & Office Times

    Mo – Fr: 09:00 – 19:00
    24h Contact: 0221 93295960
    Email: info@se-legal.de
    Appointments by prior reservation only.

    Conference Rooms

    Berlin 10785, Potsdamer Platz 10

    Frankfurt 60314, Hanauer Landstrasse 291 B

    Hamburg 20354, Neuer Wall 63

    München 80339, Theresienhöhe 28