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What to do? What to do in the event of legal disputes?

In case of legal disputes with service providers or public authorities rights may be asserted with governmental assistance.

What to do in the event of legal disputes?

Legal Disputes So service providers may use governmental help to assess their rights against public authorities or individuals, in particular, against other providers and recipients of services.

Private Legal Disputes

As to private legal disputes with other providers or recipients of services, you may have recourse to the civil courts if extrajudicial efforts for an agreement, as, for instance, within the scope of mediation, have failed. The proper courts for possible actions are, depending on the amount in dispute, the Amtsgericht (approx. Local Court), or, as far as amounts in excess of EUR 5,000.00 are at issue, the Landgericht (approx. Regional Court). As a rule, the court at the domicile of the debtor does have jurisdiction. Please note that in the Landgericht the representation by a lawyer is required.

If solely payment of an amount of money is at stake it might prove more expedient to firstly institute summary proceedings for recovery of debt.

As to disputes concerning the legislation on competition, there are special routes and judicial procedures (e.g. so-called interim injunctions for urgent matters).

If the litigation is lost in the first instance, there will be various appeals and jurisdictions which, as a rule, are clearly defined in the directions by the court concerning time and manner of appeal as contained in the decision of the first instance.

If the opponent - in spite of a judgement - fails to meet a claim execution may be levied.

Disputes with Administrative Bodies

For actions against official notifications by administrative bodies the administrative courts do have jurisdiction. Disputes with administrative bodies may particularly arise in connection with administrative acts.

Pre-judicial Remedies

As a rule, administrative proceedings reviewing an objection to an administrative act are to be conducted prior to instituting legal proceedings if the subject-matter of a public authority’s decision is an administrative act. In these proceedings the administrative authority, or the respective higher authority, respectively, reviews the decision. Each administrative authority is obliged to inform the citizens about additional remedies available to them by a so-called statement of rights of redress.

Judicial Remedies

Various types of actions against administrative acts are available before the administrative courts. You may proceed against an issued administrative order by filing an action for avoidance. By an action to issue an administrative act the administrative body may be put under the obligation to issue a certain administrative act. Besides, an action may also be filed if the administrative body fails to act in due time without specific reason.

If the administrative body acted in another form than an administrative act, you may also consider actions for specific performance and general actions for declaratory judgements.

Besides, in urgent matters a mostly preliminary decision by interlocutory relief may also be obtained in administrative disputes.

As to administrative proceedings, the appeal and the request for relief are the relevant legal remedies, if the decision of the court is to be reviewed in legal and factual respects. By an appeal in questions of law only merely the legal aspects of a judgement may be reviewed.

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