What this means for your business
German commercial litigation starts with an assessment of jurisdiction, the contract, evidence, deadlines and costs. KALER explains German proceedings and settlement options in English. Recoverable statutory costs may differ from the legal fees agreed with counsel.
Assess the forum, facts and objective
We begin with the contract, governing law, dispute-resolution provisions, chronology and available evidence. We discuss what you need to achieve and whether urgent action or a limitation issue requires attention.
German proceedings have their own rules for pleadings, evidence and costs. We explain the relevant differences for your matter rather than assuming that a U.S. litigation approach transfers unchanged.
Agree the conduct of the case
Depending on the mandate, our work may include pre-action correspondence, settlement negotiations, German court proceedings and enforcement planning. Each phase is scoped with the client.
We communicate in English and identify where German-language filings or translations are required. The ordinary court language is German; specific commercial court arrangements can allow English in qualifying proceedings.
Understand costs and recovery risk
German civil litigation generally requires the losing party to bear necessary litigation costs, subject to the applicable rules and outcome. This does not mean that all agreed legal fees will be recoverable.
The value in dispute, court costs, evidence, translations and the other party's ability to pay affect the economic assessment. We address those questions before recommending proceedings.
Legal sources
Section 91 ZPO: litigation costsSection 184 GVG: court languageSection 184a GVG: English-language proceedingsGeneral information, updated October 16, 2026. The applicable law and facts must be assessed for the individual matter.
Related German-law questions
Debt recovery in Germany
Unpaid by a German business? KALER assesses commercial claims, payment demands, litigation and enforcement in Germany, with communication in English.
U.S. judgments in Germany
German legal assessment of recognition and enforcement of U.S. civil and commercial judgments against debtors or assets in Germany.
Published by KALER Rechtsanwaltsgesellschaft mbH, a German law firm. Your German counsel · Professional and regulatory information. General information; individual advice requires an agreed engagement.