The Commercial Court Hamburg
On 15 April 2025, following the entry into force of the Federal Law to Strengthen Germany as a Location for Litigation, the Commercial Court Hamburg was established at the Hanseatic Higher Regional Court of Hamburg on the basis of a corresponding Hamburg state ordinance. Its focus is the efficient resolution of complex and high-value national and international business disputes with a value of or exceeding EUR 500,000. For disputes with a lower value, corresponding Commercial Chambers have been set up at the Hamburg Regional Court, with proceedings conducted exclusively in English.
The Commercial Court Hamburg consists of two senates whose experienced and committed judges from the Hanseatic Higher Regional Court contribute their expertise from various areas of law. The Commercial Court’s jurisdiction as a court of first instance is subject to an agreement by the parties who may also choose whether proceedings should be in German or English. The public may be excluded from hearings where business secrets are at stake. Decisions of the commercial courts may be appealed to the Federal Supreme Court. At the request of the parties, as in many arbitration proceedings, a verbatim and readable record may be made.
The creation of commercial courts is an important step towards strengthening the German courts in international commercial disputes. The German legal system enjoys a high international reputation due to the good training, independence and acceptance of the German judiciary as well as the good calculability of the litigation risk. With the introduction of commercial courts with specialised commercial senates, accompanying rules for efficient litigation and the possibility of hearing cases in English at the request of the parties, the state civil justice system will be even better adapted to the requirements of major international commercial disputes.