The jurisdiction of the Commercial Court at first instance presupposes that there are companies on both sides of the dispute (Section 14 BGB). For legal disputes involving consumers, the three-tier court system of the ordinary courts with the local reference to the district and regional courts remains as the first instance. 

The amount in dispute must also exceed €500,000. 

Finally, the dispute must also be assigned to the Commercial Court. In accordance with § 1 of the CCVO, the Commercial Court Bremen can be called upon in disputes relating to freight, forwarding and warehousing transactions or maritime trade law. 

In addition, it is possible to appeal to the Commercial Court Bremen at first instance in disputes concerning certain special procedural matters. These include disputes concerning constructions for the production of hydrogen or the purchase of hydrogen. This also includes disputes in the field of civil aviation technology and space technology. All legal issues and all disputed facts can be heard by the Commercial Court. 

Finally, the parties must agree – expressly or tacitly – on the jurisdiction of the Commercial Court. This can be done in two ways: 

The parties can determine the jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB) by agreement (§ 119b Abs.2, 1.Alt. GVG), whether in advance or specifically with reference to an existing dispute. This provision extends the existing prorogation option for merchants under § 38 ZPO and the option to choose the international place of jurisdiction under Article 25 Brussels Ia Regulation. For the first time, the parties have the option of contractually agreeing on the jurisdiction of a specific court, the Commercial Court. 

Furthermore, the plaintiff or the claimant can make a corresponding request in the statement of claim without prior express agreement in a dispute that falls within the jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB). In this case, too, the defendant(s) must consent. However, such consent is already declared by the fact that the defendant agrees to this procedure in the statement of defence without objection (§ 119b (2), 2nd alternative GVG). Regularly such a procedure is agreed by the parties before the action is brought.

Jurisdiction in the second instance

The jurisdiction of the Hanseatic Commercial Court for Aerospace, Logistics and Maritime Trade Bremen (HCCB) as a court of appeal or appeal instance against decisions of the regional court requires, as in the first instance, that there is a dispute between companies. Here too, the value in dispute must exceed € 500,000. The legal dispute must also concern matters that are assigned to the Commercial Court (see the description of the first instance [link]).

However, a separate application by one party or the consent of both parties is not required in the second instance.