Where to File a Small Claims Case in Germany

What the Law Says

German small claims jurisdiction is governed by statutory venue rules in the Zivilprozessordnung (ZPO). The Amtsgericht is the competent court for civil claims up to €5,000 (§ 23 ZPO), and venue depends on the defendant’s residence or specific contractual or tortious connections.

Under § 12 ZPO, the general rule is that lawsuits must be brought before the court in the district where the defendant has their ordinary residence (gewöhnlicher Aufenthalt) or registered seat (for legal entities). This ensures predictability and fairness in litigation.

Special venue rules apply for specific claims: for contractual disputes, the plaintiff may also file at the court where contractual performance was owed (§ 29 ZPO); for tort claims, venue lies where the harmful event occurred (§ 32 ZPO). However, parties may agree in writing to another competent court (§ 38 ZPO), provided it’s an Amtsgericht with subject-matter jurisdiction.

Statutory Text

The court of the defendant’s ordinary residence shall have jurisdiction.

— Zivilprozessordnung (ZPO), § 12(1)

Statutory Text

For claims arising from contracts, the court at the place of performance shall also have jurisdiction.

— ZPO, § 29(1)

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