What Cases Can Be Heard in German Small Claims Court?

What the Law Says

Germany does not have a standalone 'small claims court' like common law jurisdictions. Instead, simplified civil procedures apply under the Code of Civil Procedure (Zivilprozessordnung – ZPO). The key mechanism is the Mahnverfahren (payment order procedure) and, for contested claims within scope, the summary judgment process under § 494 ZPO.

Under § 494 ZPO, courts may issue a judgment without an oral hearing if the claim is for a sum of money not exceeding €5,000, the facts are uncontested or clearly documented (e.g., invoices, contracts), and no special procedural safeguards are required. This applies only to ordinary civil disputes — not family law (BGB §§ 1297–1921), employment law (ArbGG), tenancy disputes involving residential leases (BGB §§ 535–580a), or public law matters.

The Mahnverfahren (§§ 688–697 ZPO) is a pre-trial enforcement tool: creditors can obtain a payment order (Mahnbescheid) from the local court (Amtsgericht) for undisputed monetary claims up to €5,000. If the debtor does not file an objection (Widerspruch) within two weeks, the order becomes enforceable (§ 694 ZPO).

Statutory Text

In proceedings concerning claims for payment of money not exceeding five thousand euros, the court may render judgment without an oral hearing.

— ZPO, § 494(1)

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