Filing lawsuits

Lawsuits should be filed with proof of reception. This can be done by bringing the lawsuit to court. The post office (“Poststelle”) of the court will give you a proof of reception.

If you do not have time to go to court then you should send the lawsuit with proof of delivery / reception. Here are more informations how.

No matter how, the lawsuit has to be filed at the right court:

  • Name
    • Arbeitsgericht Berlin
  • Address
    • Street: Magdeburger Platz 1
    • Postal code: 10785 Berlin
  • Contact
    • TeleFON: +4930901710
    • TeleFAX: +493090171222
    • TeleFAX: +493090171333

 

Below are more informations on filing lawsuits in general but especially by FAX.

Filing lawsuits – requirements

Quote from juraforum.de (translated by deepl.com):

Pursuant to Section 253 (1) and (2) of the Code of Civil Procedure (ZPO), a statement of claim shall be effective if it has been served on the court and contains the following minimum content:

  • designation of the parties and the court

  • a specific statement of the subject matter and the grounds of the claim raised, as well as a specific application

Filing lawsuits by fax

Quote from rechtsindex.de (translated with deepl.com):

The fact that the action was filed by fax does not prevent it from being effective.

 

Filing lawsuits (by fax) without attachments

Quote from juraforum.de (translated by deepl.com):

The Federal Court of Justice, in contrast to a decision of the 7th Civil Senate (BGH with decision of December 21, 2006, Ref.: VII ZR 164/05) and despite Section 253 (4) of the German Code of Civil Procedure in conjunction with Section 131 of the German Code of Civil Procedure, ruled in its decision of December 12, 2012 (Ref.: VIII ZR 307/11) that a lawsuit is properly filed if it is faxed only in a signed copy without attachments.

 

Filing lawsuits only in single execution (without a copy)

Quote from rechtsindex.de (translated with deepl.com):

The fact that the statement of claim was only received in a single version when it was sent to the Regional Court by fax, i.e. that the copies for the opposing party, which are to be attached in principle under Section 133 of the Code of Civil Procedure when pleadings are filed, were missing, is also irrelevant to the question of the timely service of the action. If, contrary to the mandatory provision of Section 133 (1) sentence 1 of the Code of Civil Procedure, no copies are attached to the filed action, this does not prevent the immediate service of the action.