Identification of the place of jurisdiction provides information about the place where the action is to be brought. If the action is brought at an inappropriate place of jurisdiction, the court does not admit the case.
Place of general jurisdiction
The place of general jurisdiction is the defendant’s registered office or domicile. This applies to all cases where the law does not prescribe a specific place of jurisdiction (e.g. plaintiff’s domicile).
Place of particular jurisdiction
Places of particular jurisdiction are provided for some types of action and are, in part, compulsory. This means that the parties may not depart from the place of particular jurisdiction, even by agreement.
Places of particular jurisdiction apply, for example, in the case of:
- divorce suits (domicile of one of the parties);
- actions in relation to inheritance law (place of jurisdiction is the last domicile of the testator);
- actions in relation to property (place of the property in question);
- actions under employment law (place of work).
Agreement on the place of jurisdiction
If a legally prescribed place of jurisdiction for a law suit is not compulsory, the parties can depart from this by means of an appropriate agreement. The agreement on the place of jurisdiction must be made in writing or in another form which allows verification by text (e.g. e-mail). If a valid agreement on the place of jurisdiction exists in relation to a dispute, action may only be brought at the agreed place of jurisdiction.