When foreign companies sue German companies

Disputes with German companies often begin as practical business problems. A German customer does not pay. A supplier fails to deliver. Goods arrive with defects. An advance payment is not returned. Or a German business partner terminates a contract and leaves important commercial questions unresolved.

For a foreign claimant, the first issue is usually not a detailed legal theory. The first issue is whether action in Germany is available, whether the claim can be proven with the existing documents, and whether the expected result justifies the cost and effort.

Can you sue a German company in Germany?

In many cases, yes. German courts regularly deal with international commercial disputes. Jurisdiction may result from a jurisdiction clause, the place of performance, the place where payment is due, European procedural rules or other connecting factors.

The more important assessment is practical: Is Germany the right forum? Are the documents strong enough? Does the German opponent have assets or business operations in Germany? Is the dispute large enough to justify litigation?

What must be checked before starting litigation?

• Which German court may have jurisdiction?
• Which law applies to the contract?
• Are the contract, invoices and correspondence sufficient?
• Are there deadlines, limitation periods or notice requirements?
• Is there a realistic enforcement perspective?
• Does the amount in dispute justify the cost risk?

German civil litigation is strongly document-based. Contracts, purchase orders, invoices, delivery records, notices of defects, payment records and email correspondence often determine whether a claim can be presented convincingly.

Can you run a lawsuit in Germany from abroad?

In many commercial disputes, foreign clients do not need to be physically present in Germany. Communication with the court is handled through the German lawyer. Written submissions are central to German civil procedure, and documents can usually be prepared and submitted from abroad.

Personal attendance may become relevant in individual cases, for example if the court wants to hear a party personally or if witness evidence is required. But many commercial disputes can be managed without the client travelling to Germany.

More on this practical point: sue in Germany without travelling.

Common mistakes foreign claimants should avoid

• Waiting too long while negotiations continue without progress
• Sending repeated reminders without changing the legal pressure
• Relying on assumptions from another legal system
• Underestimating the importance of written evidence
• Overlooking contractual notice requirements or limitation periods
• Starting legal action without checking enforcement prospects

In cross-border disputes, delay often helps the party that is already refusing performance. A structured assessment at an early stage can clarify whether a lawyer’s letter, settlement approach or court action is the better next step.

How I represent foreign claimants

I represent foreign businesses and foreign clients with commercially relevant claims against German companies. Before legal action is taken, I assess the procedural and commercial position: jurisdiction, applicable law, evidence, weaknesses, costs and enforcement prospects.

The first step is often a structured lawyer’s letter that sets out the claim and shows that litigation in Germany is being prepared. In other cases, immediate court action may be necessary. The right approach depends on the documents, the opponent’s conduct and the economic objective.

When you should seek legal assessment

You should consider a German legal assessment if a German company has breached a contract, invoices remain unpaid, goods were not delivered, advance payments are not returned, negotiations have failed or deadlines may be approaching.

For foreign clients, the important question is often not simply: “Can we sue?” The better question is: is it worth suing a German company in Germany?