Location of the Commercial Court of Baden-Württemberg and Commercial Chamber

20th Civil Senate

(20)
Chair:
Presiding Judge of the Higher Regional Court Vatter (0.8 FTE)

Deputy Chair:
Higher Regional Court Judge Dr. Mollenkopf

Assessors:
Higher Regional Court Judge Dr. Starke, 0.8
Higher Regional Court Judge Dr. Regen (0.5 FTE)
Higher Regional Court Judge Prof. Dr. Binder, 0.125
Higher Regional Court Judge Bernhard* (percentage of FTE not indicated)

*The judge's work on the 21st Civil Senate takes priority over his work on the 14th and 20th Civil Senate, and his work on the 14th Civil Senate takes priority over that on the 20th Civil Senate.

Responsibility:

a) As the first and second instance commercial court in accordance with Sec. 119b GVG in civil law disputes between companies (Sec. 14 BGB) in the area of corporate law and disputes between a company and members of the executive body or Supervisory Board, insofar as these relate to joint stock corporations, European joint stock corporations (SE), partnerships limited by shares (Kommanditgesellschaften auf Aktien), limited liability companies, small business limited liability companies (Unternehmergesellschaft) and cooperatives, as well as comparable organizations under international law, and insofar as, under recital 21 a), the 21st Civil Senate is responsible,

b) Appeals and complaints in legal disputes regarding internal matters within the companies indicated in letter a), with the exception of claims for damages associated with share purchases; the responsibility in accordance with letter i) remains unaffected; the responsibility also extends to legal disputes between these organizations and their management bodies, both during their existence and after the dissolution of the corporate relationship; the responsibility is not affected if management bodies have assigned their claims to third parties,

c) Appeals and complaints in legal disputes arising from the Transformation Act,

d) The above responsibility (recital 20 b) and c)) does not include complaints in matters of voluntary jurisdiction with the exception of complaints against decisions 

aa) In accordance with the German Award Proceedings Act (SpruchG),

bb) Regarding the composition of the Supervisory Board in accordance with Sections 98 et seq. of the German Joint Stock Corporation Act (AktG) and regarding the right to information in accordance with Sec. 132 AktG and Sec. 51b of the German Law on Limited Liability Companies (GmbHG),

cc) Regarding the appointment of special auditors in accordance with Sections 142, 315 AktG and their final determinations in accordance with Sec. 260 AktG, as well as authorizing the non-inclusion of matters in the special audit report in accordance with Sec. 145 AktG.

dd) In corporate law proceedings in accordance with Sec. 375 no. 3 to 8 of the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG),

e) Initial jurisdiction in approval proceedings according to the German Joint Stock Corporation Act and Transformation Act,

f) Disputes related to insolvency law, insofar as these concern liability due to illegal payments under Sec. 93 para. 3 no. 6 in conjunction with Sec. 92 para. 2 AktG, Sec. 64 GmbHG, Sec. 34 para. 3 no. 4 in conjunction with Sec. 99 GenG, each in the version valid through 12/31/2020 or – related to companies in the sense of letter a) – under Sec. 15b of the German Insolvency Code (InsO),

g) Rescission and approval proceedings in accordance with Sec. 20 of the German Debenture Bond Act (SchVG),

h) Model proceedings assigned to the Higher Regional Court under the German Capital Markets Model Case Act (Kapitalanleger-Musterverfahrensgesetz); this responsibility takes precedence over the responsibilities of other Civil Senates,

i) Appeals and complaints related to legal disputes regarding liability for incorrect or omitted capital market information (Sections 97, 98 WpHG and Sections 37b, c WpHG old version), insofar as, under recital 20/1 b) or d) the 21st Civil Senate is responsible.

Meeting day: Wednesday

Meeting room: Hall I, Commercial Court, Schelmenwasenstr. 16-20, Stuttgart-Fasanenhof,

Representative: 21. Civil Senate

21. Civil Senate

(20/1)
Chair:
Presiding Judge of the Higher Regional Court Dr. Melin

Deputy Chair:
Higher Regional Court Judge Dr. Klink (percentage of FTE not indicated)

Assessors:
Higher Regional Court Judge Dr. Vels (percentage of FTE not indicated)
Higher Regional Court Judge Bernhard * (0.8 FTE)
Higher Regional Court Judge Munding ** (0.5 FTE)

*The judge's work on the 21st Civil Senate takes priority over his work on the 14th and 20th Civil Senate, and his work on the 14th Civil Senate takes priority over that on the 20th Civil Senate.
** The judge's work on the 21st Civil Senate takes priority over his work on the 24th Civil Senate.

Responsibility:

1. As the first and second instance commercial court in accordance with Sec. 119b GVG in civil law disputes between companies (Sec. 14 BGB) in the area of corporate law and disputes between a company and members of the executive body or Supervisory Board, insofar as these relate to private companies, partnerships, silent partnerships, corporations acting as general partners in limited partnerships, and comparable organizations under international law,

b) As the first and second instance Commercial Court in accordance with Sec. 119b GVG in disputes related to the acquisition of a company or at least 3 % of the shares in a company,

c) Appeals and complaints in legal disputes regarding internal matters within the companies indicated in letter a), with the exception of claims for damages associated with share purchases; the responsibility in accordance with letter b) and d) remains unaffected; the responsibility also extends to legal disputes between these organizations and their management bodies, both during their existence and after the dissolution of the corporate relationship; the responsibility is not affected if management bodies have assigned their claims to third parties,

d) Appeals and complaints in disputes arising from or in conjunction with the acquisition of a company or at least 3 % of the shares in a company,

e) Disputes related to insolvency law, insofar as these concern liability due to illegal payments under Sec. 130a para. 1 HGB, Sec. 177a in conjunction with Sec. 130a para. 1 HGB in the version valid through 12/31/2020 or – related to companies in the sense of letter a) – under Sec. 15b of the German Insolvency Code (InsO),

f) Decision regarding appeals in arbitration proceedings in accordance with Sec. 1062 ZPO,

g) Appeals and complaints in disputes between companies (Sec. 14 BGB) with a value in dispute established by the court with initial jurisdiction or a complaint value (Rechtsmittelstreitwert) above 500,000 euros, unless one or more other Civil Senates hold special responsibility.

Meeting day: Tuesday

Meeting room: Hall I, Commercial Court, Schelmenwasenstr. 16-20, Stuttgart-Fasanenhof

Representative: 20th Civil Senate

49. Civil chamber

(25h)

Chair currently unfilled
- also 43. KfH (percentage not indicated) -

Deputy chair
Regional Court Judge Dr. Malcher

Assessor Regional Court Judge (kr. A.) Dr. Raach (0.5)
Regional Court Judge (kr. A.) Dr. Röck (0.75)

Responsibility

a) As a Commercial Chamber in the sense of Sec. 184a para. 1 GVG in conjunction with Sec. 7a ZuVOJu with initial jurisdiction
aa) Disputes arising from or in conjunction with the acquisition of a company or at least 3 % of the shares in a company,
bb) Civil disputes between businesses (Sec. 14 of the German Civil Code) in the area of corporate law,
cc) Disputes between a company and members of the executive body or Supervisory Board.

b) Other initial jurisdiction for corporate law disputes between corporations and partnerships, including cooperations, insofar as the dispute does not focus on investment law.

c) Initial jurisdiction for disputes regarding reciprocal trade transactions with a value in dispute of over 1 million euros at the receipt of the complaint, unless one or more other Civil Chambers has special responsibility.

The responsibilities of the chambers for commercial matters remain unaffected. With respect to the responsibility under letters a), cc) and b), the Chamber is also the initial jurisdiction responsible for disputes under Sec. 72a para. 1 no. 7 GVG.

Representative
Chair of the 31st Commercial Chamber

I I . Commercial Chambers

31. Commercial Chamber

(26)

Chair
Presiding Judge of the Higher Regional Court Dr. Schumann

Responsibility

a) As a Commercial Chamber in the sense of Sec. 184a para. 1 GVG in conjunction with Sec. 7a ZuVOJu with initial jurisdiction
aa) Disputes arising from or in conjunction with the acquisition of a company or at least 3 % of the shares in a company alternating with the 38th Commercial Chamber,
bb) Civil disputes between businesses (Sec. 14 of the German Civil Code) in the area of corporate law alternating with the 38th Commercial Chamber
cc) Disputes between a joint stock corporation, a European joint stock corporation (SE) or a partnership limited by shares (Kommanditgesellschaft auf Aktien) or comparable company under international law and members of the executive bodies or Supervisory Board,
dd) Disputes between another company and members of the executive bodies or Supervisory Board alternating with the 38th Commercial Chamber.

b) The proceedings listed in Sec. 13 para. 2 no. 1 - 7a) and no. 9 - 11 of the Directive of the JuM Regarding Judicial Responsibilities (ZuVOJu), other disputes regarding internal matters (Sec. 95 para. 1 no. 4 a) GVG) of joint stock corporations, European joint stock corporations (SE) or partnerships limited by shares (Kommanditgesellschaft auf Aktien) and comparable companies under international law, and the proceedings indicated in Sec. 15a no. 2 of the Directive of the JuM Regarding Judicial Responsibilities (ZuVOJu) under Sec. 66 para. 1 clause 1 of the Securities Acquisition and Takeover Act (WpÜG).

c) The proceedings indicated in Sec. 13 para. 2 no. 8 of the ZuVOJu under the German Award Proceedings Act alternating with the 38th Commercial Chamber.

d) Other initial jurisdiction in corporate law disputes between corporations and partnerships, including cooperatives, insofar as the dispute does not focus on investment law and insofar as it does not fall under letters a) to c), alternating with the 38th Commercial Chamber.

e) Initial jurisdiction for disputes regarding reciprocal trade transactions with a value in dispute of over 1 million euros at the receipt of the complaint, unless one or more other Commercial Chambers has special responsibility, alternating with the 38th Commercial Chamber.

f) Other commercial matters in accordance with Sections 95 et seq. GVG alternating pursuant to recitals 107 and 108.

Representative
38th Commercial Chamber

38. Commercial Chamber

(33)

Chair
Presiding Judge of the Higher Regional Court Pollert

Responsibility

a) As a Commercial Chamber in the sense of Sec. 184a para. 1 GVG in conjunction with Sec. 7a ZuVOJu with initial jurisdiction
aa) Disputes arising from or in conjunction with the acquisition of a company or at least 3 % of the shares in a company alternating with the 31st Commercial Chamber,
bb) Civil disputes between businesses (Sec. 14 of the German Civil Code) in the area of corporate law alternating with the 31st Commercial Chamber,
cc) Disputes between a company (with the exception of joint stock corporations, European joint stock corporations (SE) or partnerships limited by shares (Kommanditgesellschaften auf Aktien) and comparable companies under international law and members of the executive bodies or Supervisory Board alternating with the 31st Commercial Chamber.

b) The proceedings indicated in Sec. 13 para. 2 no. 8 of the ZuVOJu under the German Award Proceedings Act alternating with the 31st Commercial Chamber.

c) Other initial jurisdiction in corporate law disputes between corporations and partnerships, including cooperatives, insofar as the dispute does not focus on investment law and insofar as it does not fall under letters a) to c), alternating with the 31st Commercial Chamber.

d) Initial jurisdiction for disputes regarding reciprocal trade transactions with a value in dispute of over 1 million euros at the receipt of the complaint, unless one or more other Commercial Chambers has special responsibility, alternating with the 31st Commercial Chamber.

e) Other commercial matters in accordance with Sections 95 et seq. GVG alternating pursuant to recitals 107 and 108.

Representative
31st Commercial Chamber