rsz mayer barbara7108.jpg

The Introduction of English as an Official Language in German Courts

"The official language used in court is German." This is stipulated by the first clause of Section 184 of the German Courts Constitution Act (Gerichtsverfassungsgesetz – “GVG”). However, the legislator intends to change this with regard to international commercial matters. In future, companies with international operations will be able to conduct legal disputes in English in German courtrooms. And not only will it be permitted to conduct negotiations in English but also to draft resolutions, reports and even judgments in the English language - a real novelty in German jurisdiction. According to draft legislation of the German Federal Council (Bundesrat), the establishment of chambers for hearing international commercial matters within the regional courts (Landgerichten) shall be made possible. Before these courts the parties shall be able to request the conduct of negotiations in legal disputes in English. The goal is to reinforce Germany's position as a business location and for legal matters. International agreements are usually drafted in English and often contain provisions stipulating the national law to which the agreement is subject. In these cases, the congruence between the selected law and the stipulated place of jurisdiction is of great importance. German substantive civil law offers many advantages: Unlike the Anglo-American "common law" it is clearly codified and not based on precedents. Most legal issues can predictably be resolved on the basis of legislative texts and legal commentary. In addition, German courts are well positioned in international comparison: The judges are qualified and impartial and resolve cases promptly and with a high degree of predictability. Nevertheless, major legal disputes in international business dealings are seldom conducted in Germany.

1:1. This is how we work together. You decide upon a competent partner; he/she will then remain your point of contact. > more