Is it a valid choice of court agreement? If there is an effective jurisdiction agreement (which I can't verify), then you can request referral to the court that was agreed upon as the court of dispute after the fact. Every day is a gift but some are just grotty packaged. I found the thing again.
What are jurisdiction agreements? Choice of Court Agreements 1 Meaning: It often happens that a claim is given, but the debtor is not willing to voluntarily 2 Term: Based on a choice of court agreement, the parties agree that litigation will take place at a 3 GTC:
Is a jurisdiction agreement invalid? This is because agreements on jurisdiction are generally invalid vis-à-vis consumers. The requirements for a jurisdiction agreement are set out in Section 38 of the German Code of Civil Procedure (ZPO), according to which such an agreement with a consumer is not permitted.
What is the effectiveness of a jurisdiction clause?
Jurisdiction clauses in general terms and conditions. The validity of a jurisdiction agreement - a so-called prorogation - between parties domiciled in Germany is governed by Sections 38 et seq. Code of Civil Procedure. Merchants can regularly conclude a jurisdiction agreement for a specific legal dispute in accordance with Section 38 of the Code of Civil Procedure.
Is an agreement on a specific place of jurisdiction effective? An agreement on a specific place of jurisdiction made before a dispute arises is (with the exception of a few exotic special cases) only effective if the contracting parties are merchants, legal entities under public law or special funds under public law, Section 38 (1) ZPO.
The subject matter jurisdiction is largely removed from the jurisdiction agreement and the legislator intended to allow an agreement here only within the value jurisdiction from the regional court, to the district court.
How is the jurisdiction of a court determined? Within a court, the competence of an individual judge or a panel of judges is determined by the schedule of responsibilities. Its purpose is to ensure that no one is deprived of his or her legal judge (Art. 101 GG).
(2) Pursuant to Section 38 (2) of the Code of Civil Procedure, the jurisdiction of a court of first instance may be agreed even if at least one of the parties to the contract has no general place of jurisdiction in Germany.
The agreement must be concluded in writing or, if concluded orally, confirmed in writing. If one of the parties has a domestic general place of jurisdiction, only a court where this party has its general place of jurisdiction or a special place of jurisdiction has been established may be chosen for domestic jurisdiction. 1.
The agreement of a place of jurisdiction is only possible in the first instance, so that a prorogation to the higher ordinary courts, in particular to the Federal Court of Justice (BGH), is not possible (cf. Section 38 (1) ZPO ).
Admissible agreement on jurisdiction (1) A court of first instance which is not competent per se shall become competent by express or tacit agreement of the parties if the contracting parties are merchants, legal entities under public law or special funds under public law.
Prerequisites of a permissible agreement on the place of jurisdiction 1) "Prorogation-eligible" group of persons 2) Existence of a specific legal relationship, § 40 I ZPO 3) No inadmissibility according to § 40 II ZPO
In order to be able to conclude a permissible agreement on the place of jurisdiction vis-à-vis merchants or legal entities, one must therefore be a merchant oneself or be organized as a legal entity.
The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
