The time has finally come: the Act to Strengthen Germany as a Location for Justice of 7 October 2024, which came into force on 1 April 2025 (link to the Act), will significantly expand your options as an entrepreneur in the area of commercial dispute resolution. You can now benefit quickly and directly from the high level of dispute resolution and dispute settlement expertise of our judges with experience in civil and commercial law.
Following its commercial tradition, the Free Hanseatic City of Bremen would like to offer companies the opportunity to rely on special expertise in case law, especially in those areas that are particularly represented in the Bremen economy in production and in the service sector (logistics, aerospace, hydrogen and civil aviation technology) (link to the regulation).
In conflicts that are of particular importance to the companies involved due to the high value in dispute, you can now file a lawsuit directly with the Hanseatic Higher Regional Court in Bremen in order to obtain a decision on the legal issues from our highest court, the Federal Court of Justice, quickly if an amicable settlement cannot be reached. Such decisions will not only benefit you in individual cases, but will also support your and other companies and their lawyers in their future legal planning. The legal disputes can be conducted in English at your request and you benefit from modern procedural regulations in which you are quickly involved in the design and implementation of the procedure (link to the procedure). The often cumbersome recognition of arbitration decisions is therefore no longer necessary.
On this homepage of the Commercial Court, you can find information about the proceedings and about the composition of the court. Of course, the legal basis for this special procedure is also available here.
I would be delighted if this service were to attract the interest of companies in Bremen and beyond, so that together we can achieve legal certainty in commercial law issues with high professional quality and speedy procedures and thus contribute to strengthening the rule of law.
Ann-Marie Wolff
President of the Hanseatic Higher Regional Court in Bremen
The Senate of the Free Hanseatic City of Bremen, through the Senator for Justice and Constitution, made use of the powers to issue ordinances pursuant to § 119b (1), 184a (1) no. 2 GVG and established a senate as a Commercial Court for selected subject areas at the Hanseatic Higher Regional Court in Bremen (Ordinance on the Establishment and Organisation of the Commercial Courts of the Free Hanseatic City of Bremen – CCVO).
Proceedings before the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB) give companies the opportunity to bring disputes in certain areas before the Commercial Court as a court of first instance (for details, see Jurisdiction). On the one hand, it offers companies the advantages of state jurisdiction, which firstly consist in its composition of competent and independent judges who work with great legal skills and experience in commercial law disputes as well as a high level of professional ethics, and on the other hand, the decisions of the Commercial Court create an enforceable title particularly quickly – without having to go through two factual instances. In addition, a binding clarification of legal issues can also be obtained from the Federal Supreme Court in the state courts. The court fees are also moderate. They are based on the economic significance of the dispute and are to be determined transparently using fixed rates.
On the other hand, the proceedings before the Commercial Court are tailored to the special needs of companies that operate internationally. § 2 of the CCVO in conjunction with § 184a Abs.1 GVG, §§ 606 et seq. ZPO (German Code of Civil Procedure) the possibility of conducting the proceedings in English and using English-language documents. In addition to the applicable general procedural law, Section 612 ZPO provides for an early organisational meeting at first instance, at which agreements on the course of the proceedings are made as early as possible so that the proceedings can be concluded in a concentrated and speedy manner. The existing flexibility of the ZPO can be used here to realise many advantages within the framework of state court proceedings that are familiar to entrepreneurs from proceedings before international arbitration tribunals. In addition, with the simultaneous introduction of § 273a ZPO, the federal legislator has expanded the possibilities for entrepreneurs to ensure at an early stage that the information in dispute is classified as confidential. This categorisation triggers the protective effects of §§ 16 to 20 of the Trade Secrets Protection Act.
Jurisdiction at first instance
The jurisdiction of the Commercial Court at first instance presupposes that there are companies on both sides of the dispute (Section 14 BGB). For legal disputes involving consumers, the three-tier court system of the ordinary courts with the local reference to the district and regional courts remains as the first instance.
The amount in dispute must also exceed €500,000.
Finally, the dispute must also be assigned to the Commercial Court. In accordance with § 1 of the CCVO, the Commercial Court Bremen can be called upon in disputes relating to freight, forwarding and warehousing transactions or maritime trade law.
In addition, it is possible to appeal to the Commercial Court Bremen at first instance in disputes concerning certain special procedural matters. These include disputes concerning constructions for the production of hydrogen or the purchase of hydrogen. This also includes disputes in the field of civil aviation technology and space technology. All legal issues and all disputed facts can be heard by the Commercial Court.
Finally, the parties must agree – expressly or tacitly – on the jurisdiction of the Commercial Court. This can be done in two ways:
The parties can determine the jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB) by agreement (§ 119b Abs.2, 1.Alt. GVG), whether in advance or specifically with reference to an existing dispute. This provision extends the existing prorogation option for merchants under § 38 ZPO and the option to choose the international place of jurisdiction under Article 25 Brussels Ia Regulation. For the first time, the parties have the option of contractually agreeing on the jurisdiction of a specific court, the Commercial Court.
Furthermore, the plaintiff or the claimant can make a corresponding request in the statement of claim without prior express agreement in a dispute that falls within the jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB). In this case, too, the defendant(s) must consent. However, such consent is already declared by the fact that the defendant agrees to this procedure in the statement of defence without objection (§ 119b (2), 2nd alternative GVG). Regularly such a procedure is agreed by the parties before the action is brought.
Jurisdiction in the second instance
The jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB) as a court of appeal or appeal instance against decisions of the regional court requires, as in the first instance, that there is a dispute between companies. Here too, the value in dispute must exceed € 500,000. The legal dispute must also concern matters that are assigned to the Commercial Court (see the description of the first instance [link]).
However, a separate application by one party or the consent of both parties is not required in the second instance.
1. at first instance
In proceedings before the Commercial Court, the parties must be represented by a lawyer. The statement of claim and all other pleadings must be submitted electronically – as is customary in the courts – and the Commercial Court will also communicate with the parties exclusively in this way. In addition to the general requirements for substantiating the claims, the statement of claim must contain the necessary information to substantiate the jurisdiction of the Commercial Court. Either a corresponding agreement between the parties is already set out when the action is filed or the application to conduct the proceedings at first instance before the Commercial Court must be submitted with the statement of claim so that the defendant can agree to this (expressly or without objecting to the jurisdiction of the Commercial Court). The statement of claim must also state whether the proceedings are to be conducted entirely in English (§ 606 ZPO). This determination of the language of the court must also be made by mutual agreement, either by express or tacit agreement or by the defendant(s)‘ unrepentant defence to the application in the statement of claim to conduct the proceedings in English (§ 184a (3) GVG). The parties can withdraw from conducting the proceedings in English by mutual agreement (§ 184a (5) GVG).
If the English language is determined as the court language in this way, the parties can submit English-language documents without having to provide a translation into German (§ 184a (3) no. 2 GVG). The court may call in interpreters or translators at any time. Special provisions apply to the involvement of third parties, in particular to the third party notice, if English is determined as the court language (§ 607 ZPO). The third party has the option of objecting to the service of an English-language pleading within 2 weeks; however, the subsequent timely service of the English-language pleading together with a translation into German for questions of the statute of limitations will have effect back to the original service of the English-language pleading (§ 607 (2), (3) ZPO). The Commercial Court will schedule an early organisational meeting to discuss the organisation and course of the proceedings, Section 612 ZPO. It is precisely this early involvement of the parties that demonstrates the orientation towards the practice of arbitration; here it is also possible to take the parties‘ ideas regarding the further organisation of the proceedings into account to a very large extent.
Otherwise, the Commercial Court will apply the general procedural rules and, if necessary, issue a judgement, which will also be drafted in English if English is designated as the court language; upon request, the operative part of a judgement or a settlement will be translated into German, § 608 (1), (2) ZPO. The decision of the Commercial Court can be appealed to the Federal Supreme Court without the need for authorisation (§ 614 ZPO). Upon a request made in the notice of appeal, the appeal proceedings may also be conducted in English (§ 184 b (1) GVG).
2. in the second instance
The specialisation of the Commercial Court for proceedings falling within its areas of expertise should also be available for appeal proceedings against decisions of the Regional Court. The proceedings before the Commercial Court at second instance differ from other complaint and appeal proceedings before the Higher Regional Court essentially in that there are more opportunities to present arguments in English. Even if the proceedings at first instance were conducted in German, the parties may, with the consent of the other party, make submissions to the Commercial Court in English (§ 184a (3) S. 2 GVG). In all other respects, the procedural provisions of the ZPO apply to the proceedings in the appeal instance.