Filing a law suit in Germany - online!

Filing a digital lawsuit will soon be possible in german law

Published on: 16.08.2021
Author: ROSE & PARTNER Rechtsanwälte Steuerberater
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Filing a digital lawsuit will soon be possible in german law

An article by Fiona Schönbohm, lawyer in Hamburg and Berlin

Our country is making the digital transition - slowly, bit by bit, a little more every day. Maybe we'll actually be fax-free by 2030. Or 2040, we'll see.

Digital transformation: Found a GmbH online, file a lawsuit online

After a year-long legislative process was recently initiated on European instructions to enable the online formation of a GmbH via video chat with the notary without having to be present in person, the German Federal Ministry of Justice has now initiated a prototype for an online tool for filing a lawsuit.

According to a survey, many people find the formal requirements a hurdle. According to the survey, on average, Germans only assert their rights for amounts of around EUR 2,000. Small amounts often fall by the wayside. Of course, this leaves a lot to be desired in terms of justice and the so-called "effective legal protection" protected by the german constitution. 

Advantages of the online tool for filing a lawsuit

With the new tool, it will soon be possible to file a lawsuit online. Citizens will then be able to file their claims directly with the court. On the one hand, the standardized collection of data should help potential plaintiffs: Formal errors in filing a lawsuit can thus be minimized.

At the same time, however, the project is also intended to ease the burden on the courts. Cases of the same nature can thus be processed more easily and quickly. According to the Federal Ministry of Justice, the tool will first be used for tenancy law claims.

Modern technology for German authorities

The pilot project was initiated from the very top: The tool is being developed with the "Tech4Germany" fellowship program, which is under the auspices of the German Chancellor's Office. Its interdisciplinary teams are to find software-based solutions for German government agencies and bring the digital transformation to our offices as well.

The project is scheduled to be completed in 12 weeks - by which time suitable software should have been developed. Of course, it remains to be seen when digital filing of complaints will actually be possible. There are certainly still a few legal hurdles...