The appropriate procedure depends on the result required: defending a claim, securing an authorisation, recovering remuneration or protecting continued operations. We assess jurisdiction, evidence, deadlines, costs and alternatives to litigation.
Civil litigation and preservation of evidence
Civil courts deal with many contractual and medical liability claims, private fee disputes and practice transaction disputes. A separate evidence procedure may be available where the statutory conditions are met. It can preserve or clarify expert evidence without finally determining liability. Settlement remains possible after proceedings begin. Appeals depend on their individual admissibility requirements; civil appeals on points of law before the Federal Court of Justice require counsel admitted specifically to that court.
Social court proceedings
Disputes concerning statutory health insurance, contractual medical practice and remuneration often fall within the social courts. An objection procedure or a decision by a designated body may be required first. The usual court structure runs from the Social Court to the Higher Social Court and the Federal Social Court, subject to appeal requirements. Healthcare providers do not automatically enjoy the same cost privileges as insured individuals.
Administrative proceedings
Professional licensing, certain supervisory measures and hospital planning can require administrative court protection. Whether an objection must be filed first also depends on the applicable state law. An immediately enforceable decision may require a separate application for interim relief. Further appeals from the Administrative Court to the Higher Administrative Court and Federal Administrative Court are subject to statutory requirements.
Employment disputes
Employment courts generally hear disputes about employment contracts, pay and dismissal. Conciliation can provide an early opportunity for settlement. In first-instance judgment proceedings, each party generally bears its own lawyer’s fees. Dismissal challenges and other exclusion periods need prompt review.
Criminal and professional proceedings
Investigations concerning treatment, billing or corruption require a coordinated defence. Access to the case file and the potential effect of statements on professional licensing are important. A civil settlement does not automatically dispose of criminal proceedings. Professional disciplinary rules also vary by the relevant legal framework.
Arbitration, procurement and cross-border matters
A valid arbitration agreement can affect the forum for partnership and cooperation disputes. Public procurement may involve special complaints and review procedures. Cross-border cases require an additional assessment of jurisdiction, applicable law and enforcement. A reference to the Court of Justice of the European Union is not a further appeal that parties can freely choose.
Urgent documents and deadlines
For official notices and court papers, include the date of service and all annexes. Contacting us alone does not preserve a deadline. Responsibility for a particular time-sensitive step must be expressly agreed.
Please tell us about your organisation, the issue and any deadlines. We will check conflicts of interest and agree the scope of our work and fees before accepting instructions. Discuss your matter.