Commercial law
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September 13, 2023
News on digitization IN civil proceedings - reference to USB stick in the application ADmissible
The reference to a USB stick in the claim is permissible. This was clarified by the Federal Court of Justice in a recent ruling from 14.07.2022 (Ref. I ZR 97/21).
Problem description: Digitization in civil proceedings
Digitalization is advancing – also in civil proceedings. According to the law (see Section 130a (1) ZPO), attachments to statements of claim or other pleadings may be submitted to the court as “electronic documents” subject to certain requirements. § Section 130a (1) ZPO reads:
“Preparatory pleadings and their annexes, applications and declarations to be submitted in writing by the parties as well as information, statements, expert opinions, translations and declarations by third parties to be submitted in writing may be submitted to the court as electronic documents in accordance with the following paragraphs.”
The problem is that the permission cited above is limited to the digital submission of objects that also exist or can be produced in written form. In reality, however, we are increasingly dealing with purely digital objects or facts. For this increasingly common constellation, the BGH has now provided valuable clarification for practical use.
