How does the German civil court system work – and how does it differ from the Italian?
Our latest podcast-episode provides a concise overview of the German civil court system, from the Local Court and Regional Court to the Higher Regional Court and the Federal Court of Justice. It also explains why an appeal in Germany is primarily a mechanism for reviewing legal and procedural errors rather than a full retrial of the facts.
The podcast is in Italian and is intended for listeners interested in German civil procedure from an Italian legal perspective. It also highlights the key procedural differences between the German and Italian systems.
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Short summary for our non-Italian-speakers:
The article compares the German and Italian civil court systems, showing that while both jurisdictions follow a similar three-tier court structure, they differ significantly in the scope of appellate review.
In Germany, the court of first instance is determined primarily by the amount in dispute. Civil claims of up to €10,000,- are generally heard by the Local Court (Amtsgericht), while higher-value civil and commercial disputes fall within the jurisdiction of the Regional Court (Landgericht). Certain matters, such as residential tenancy disputes, always fall within the jurisdiction of the Local Court.
The most significant difference between the German and Italian systems lies in the appeal proceedings. Whereas the Italian system allows for a broader review of both facts and law, German appeals are primarily designed to identify and correct legal and procedural errors. As a rule, appellate courts are bound by the factual findings of the court of first instance and may only reassess evidence or admit new facts under strict statutory conditions. As a result, the scope of appellate review is considerably narrower in Germany than in Italy.
The podcast also compares the role of the highest civil courts in Germany and Italy. In Germany, the Federal Court of Justice (Bundesgerichtshof, BGH), and in Italy, the Supreme Court of Cassation (Corte Suprema di Cassazione), review cases only on points of law. Neither court re-examines the facts of the case; instead, they ensure the correct and uniform application of substantive and procedural law.