Since 15 April 2026, the Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz) (the "BMJV") has been pilot testing the new so-called "Online Civil Court Procedure" (the "Online Civil Court Procedure" or "Online Procedure") - a central initiative in the digitalisation of the German justice system. One of the aims of this pilot project is to enable citizens to file and undertake payment claims via a user-friendly and digitalised online court process. Although the procedure appears to have gained only limited traction in practice to date, there are compelling reasons for companies who are exposed to larger numbers of claims with a high degree of similarity between them to encourage potential plaintiffs to use such proceedings, such as by explicitly referring to the Online Procedure in early communications.

1. Background and Objectives of the Online Civil Court Procedure

The legal basis for the pilot programme is the Act on the Development and Testing of an Online Procedure in the Civil Jurisdiction (Gesetz zur Entwicklung und Erprobung eines Online-Verfahrens in der Zivilgerichtsbarkeit) of 2025. The online procedure is now governed by Book 12 of the German Code of Civil Procedure (Zivilprozessordnung) ("ZPO"), sections 1121 to 1136 ZPO.

According to the government’s draft bill, the Act pursues three principal objectives. First, it seeks to enable citizen-friendly litigation. Second, it aims to make the work of the courts more efficient and modern through the use of digital technology. Third, it intends to create a simpler and more modern means of conducting civil proceedings.

2. Scope of Application of the Online Civil Court Procedure

The Online Civil Court Procedure constitutes a distinct type of proceeding. It is not intended to digitalise existing civil litigation, but rather provides an alternative way of conducting and managing ordinary, run-of-the-mill civil proceedings.

Provided that the requirements for conducting the online procedure are met, bringing a claim through the online procedure is at the claimant’s discretion. Once the claimant exercises this option by filing a claim through the online procedure, it is no longer possible to transfer the case off this procedural track. In addition, the defendant cannot object to the online procedure if the claimant opts for it.

Regarding the types of claims that can be conducted via the Online Procedure, the Online Procedure is open only to monetary claims not exceeding EUR 10,000 and falling within the jurisdiction of the Local Courts (Amtsgerichte). Typical examples include payment claims arising from tenancy agreements, road traffic accidents, or air passenger rights matters. Other claims (i.e., those not concerning the payment or repayment of money), such as, for example, claims seeking delivery or surrender of an item as relief, cannot use the Online Procedure. The Online Procedure is also not available for family matters and voluntary jurisdiction matters (freiwilligen Gerichtsbarkeit). Furthermore, it is available only for actions of first instance, and not for interim relief proceedings nor appeal or cassation proceedings.

Since the Online Procedure is currently available only before Local Courts, claimants are not required to be represented by counsel.

3. How the Online Civil Court Procedure Works

Claims are filed through the Online Procedure via a digital input system on service.justiz.de. As a first step, a series of questions is used to determine whether the claim may be conducted through the online procedure. Second, the user must answer further questions on, inter alia, the nature of the claim and identifying the claimant and defendant which automatically generates a digital statement of claim (Klageschrift). The claimant may then download the completed statement of claim as a PDF document and, together with the evidence, submit it to the court via “Mein Justizpostfach” without legal representation. “Mein Justizpostfach” is an existing mailbox for communication with the judiciary; it was not developed specifically for the Online Civil Court Procedure and is intended, in the long term, to be replaced by a uniform nationwide communication platform. To file the claim via “Mein Justizpostfach”, claimants must create an account, for which an electronic identity card and BundID are required.

If, by contrast, the claimant is represented by counsel, the statement of claim generated using the input system must, as in ordinary civil proceedings, be filed via the special electronic mailbox for lawyers (besonderes elektronisches Anwaltspostfach).

After that, the statement of claim must be served on the defendant(s), as in ordinary civil proceedings, by post. Upon service, the defendant is informed that the claim has been filed through the Online Procedure, as well as what this entails and how the defendant may communicate digitally with the court via “Mein Justizpostfach” without legal representation.

The court may only order the use of the digital input system if either (i) the claim asserted concerns air passenger rights or (ii) in areas specified by the BMJV by statutory instrument, subject to the approval of the Federal Council (Bundesrat). Even in such cases, however, an exception applies to natural persons who are not represented by counsel.

As mentioned above, in the long term, a dedicated communication platform is also to be provided, the use of which will, in principle, be mandatory. Here too, however, an exception is intended to apply in respect of natural persons who are not represented by counsel. Where the parties are not required to communicate digitally, applications and declarations may continue to be submitted to the court in accordance with the general rules, in particular in writing.

The online procedure is, as a rule, to be conducted without an oral hearing (section 1127(1), sentence 1 ZPO). Only exceptionally, for example where the taking of evidence requires an oral hearing or where a personal oral statement appears necessary, is an oral hearing to be ordered. In such cases, in principle, a video hearing would be held.

Section 1127(5) ZPO also provides for a departure from the principle that parties must provide evidence themselves (Beibringungsgrundsatz). Accordingly, the court may independently obtain information from publicly accessible sources, for example on the internet, and introduce facts of common knowledge into the proceedings even if they have not been submitted by the parties. However, the court must notify the parties of the source used and disclose the result of the information obtained in a manner that is comprehensible to the parties. Finally, the formal pronouncement of judgment is generally replaced by electronic service.

4. Participating Courts

A total of 18 Local Courts across ten federal states are participating in this pilot testing. Since 15 April 2026, the Online Procedure has been tested at the Local Courts of Schöneberg, Bremen, Hamburg (Mitte), Frankfurt am Main, and Leipzig and, since 20 April, the Local Courts of Mannheim and Nürtingen as well, with the Nuremberg Local Court joining on 16 April. The Local Courts of Bitburg and Sinzig commenced their testing on 1 June, and the Bonn and Essen Local Courts since August 1. Certain courts are limiting their testing of the Online Procedure to air passenger payment claims. This applies to the local courts in Erding, Düsseldorf, Steinfurt, Eilenburg, Königs Wusterhausen (commencing 1 October 2026), and Dortmund (commencing 1 January 2027).

5. Practical Relevance

The legislature expects the Online Procedure to result in more efficient and expeditious disposal of proceedings. The digital input systems are intended to simplify structuring the parties’ submissions. Digital communication and the absence of an oral hearing in a courtroom (or even a video hearing) can also save travel time as well as travel costs and companies' resources.

The use of this new procedure is currently still too limited to truly assess its practical suitability. Nevertheless, it is to be expected that the new Online Procedure could become the new standard –  particularly in mass disputes involving lower value claims – due to the growing social acceptance of online services and its practical advantages (saving of travel time resulting from the general absence of in-person oral hearings). It is equally foreseeable that counsels representing claimants may seek to take advantage of the benefits associated with the Online Procedure – in particular the lower costs and the prospect of efficient and swift case management – to expand into new practice areas. The number of claims in sectors susceptible to mass proceedings, such as platforms, e-commerce, data protection or tourism (e.g. air passenger rights), is likely to increase significantly.

Companies exposed to consumer claims should familiarise themselves with this new Online Civil Court Procedure and assess whether their claims management processes should also be technically adapted to it. Efficient claims management tailored to the technical features of the Online Procedure may counter the further industrialisation of consumer claims, so that the expected increase in consumer claims need not be accompanied by a corresponding increase in the organisational burden on the corporate side.