Commercial Court NRW: New standards in international business law

On 3 April 2025, the German state of North Rhine-Westphalia launched its new Commercial Court at the Higher Regional Court in Düsseldorf, focusing on business law disputes, such as company mergers, corporate law, construction contracts and insurance claims. The reform offers strategic advantages for companies and legal advisors engaged in cross-border business with the ability to conduct proceedings entirely in English, which is a first for ordinary civil courts in Germany. The Ecovis lawyers explain the background and the advantages.

The Commercial Court is authorised to handle high-value disputes exceeding EUR 500,000 particularly in international transactions. Smaller high-value cases, starting at EUR 5,000, can also be heard in the newly established Commercial Chambers at the regional courts in Düsseldorf, Bielefeld, Essen and Cologne, which makes the system accessible not only to multinational corporations, but also to small and medium-sized enterprises.

Advantages for international business partners

Introducing English-language proceedings in German state courts lowers the barriers to entry for foreign companies and international legal advisers. Compared to private arbitration, it offers greater legal certainty and transparency, as proceedings are public and independent.

Non-German speakers benefit from reduced translation requirements and faster procedures, making this a cost-effective alternative to arbitration, particularly for long-term or complex business relationships. Judgments can be enforced across the EU and potentially beyond, thereby enhancing cross-border cooperation.

With our international expertise, we support you in drafting contracts for the representation of interests before the new commercial courts.

Eda Kaplan, Attorney at Law, ECOVIS KSO, Cologne, Germany

Public legal framework with arbitration-like flexibility

The Commercial Court combines the independence and transparency of public courts with the flexibility typically associated with arbitration. In contrast to the proceedings of arbitration tribunals, the court’s decisions are subject to public supervision and adhere to codified procedural rules. This enhances legal certainty and enforceability, providing a more robust framework for dispute resolution.

Cost-effectiveness and cross-border enforceability

Compared to international arbitration, litigation before the Commercial Court is a much more cost-effective option. Court fees are transparent and regulated and the enforceability of judgements across the EU ensures swift resolution and enforcement.

Judgments of the Commercial Court of North Rhine-Westphalia are enforceable throughout the EU and in many other countries, which simplifies the cross-border recovery of claims and increases contractual security.

For further information please contact:

Eda Kaplan, Attorney at Law, ECOVIS KSO, Cologne, Germany
Email: eda.kaplan@ecovis.com

Jens Bühner, Attorney at Law, LL.M, Certified Specialist for Commercial and Corporate Law, Partner, ECOVIS KSO, Cologne, Germany
Email: jens.buehner@ecovis.com