The Commercial Court of Baden-Württemberg

• Judges are “independent and subject only to the law” under Article 97 paragraph 1 of the German Constitution.
• The position of judges under the German Constitution, alongside their professional ethos, ensure special protection against threats to judicial independence.

Thanks to panels working continuously and based on the jurisprudence of the Supreme Court.

• Transparent, legally stipulated court fee system.
• Cap for court fees at a disputed value of 30 million euros.

Urgency is needed in some cases in order to avoid serious negative consequences. In such cases, the state courts can quickly and effectively issue preliminary injunctions in accordance with Sections 935 et seq. ZPO and arrest judgments as well as attachment orders in accordance with Sections 916 et seq. ZPO.

Third parties can easily be involved in the proceedings, for instance through a third-party notice in accordance with Sections 72 et seq. ZPO.

Proven, differentiated, and practical rules of evidence make the collection of evidence predictable, prompt and cost-efficient, as at every state court.

• As state courts, the Commercial Court of Baden-Württemberg and Commercial Chambers have effective ways to encourage individual parties to act in such a way to ensure quick, simple and just dispute resolution.
• As agents of public authority, the courts hold sovereign rights and powers. They can order sanctions, for instance to subpoena witnesses or experts who will not appear voluntarily.
• Furthermore, in contrast to courts of arbitration, the courts can administer an oath or affidavit.

• Judgments are generally (provisionally) enforceable within Germany, and are also automatically recognized in other EU countries.
• An order of provisional enforceability of a judgment means that even if appeals are made, this will not delay enforcement.
• Under Directive (EU) no. 1215/2012 (Brüssel Ia-VO), German state decisions in civil and commercial matters can be enforced in a comparatively prompt and simple manner in their scope of application. Under Article 39 of Brüssel Ia-VO, a decision issued in a member state and enforceable there is considered enforceable in the other member states without requiring a declaration of enforceability. Furthermore, the Lugano Convention of 2007 between the EU and Norway, Iceland and Switzerland facilitates the recognition and enforcement of judgments in civil and commercial matters within the EEA and Switzerland.

• In general, appeals can be filed against decisions.
• Appeals to the Federal Court of Justice without approval requirement may be lodged against decisions of the Commercial Court as the court with initial jurisdiction.
• Parties are free to file appeals and complaints at the Commercial Court of Baden-Württemberg against initial instance decisions by the Commercial Chambers at the Regional Court of Stuttgart.
• If the parties agree that the dispute should be decided quickly and finally in just one court, appeal stages can also be limited through a mutually agreed waiver of legal remedies – even at the start of the proceedings.