One number sets all the fees
Whether lawyer or court: in German civil proceedings, fees depend on the amount in dispute (Streitwert). It is the most important input in the legal costs calculator and also decides which court is competent. Up to €10,000 it is usually the local court (Amtsgericht, § 23 GVG); above that, the regional court (Landgericht), where you need a lawyer.
Payment claims: the amount claimed
For money claims, the amount in dispute is the sum claimed. Several claims in one action are added together (§ 5 ZPO). Interest, dunning costs and pre-trial lawyer fees do not count if claimed alongside the main claim (§ 4 ZPO). If you claim a €4,800 purchase price plus €300 interest and €160 dunning costs, the amount in dispute is €4,800.
The relevant time is when the claim is filed. If the claim is extended later, the value rises and the court asks for a further advance.
Rent and eviction
The Court Fees Act has its own rules for tenancy disputes. For an eviction claim, one year's net rent is decisive; service charges count only if agreed as a flat rate (§ 41 (1) and (2) GKG). At €900 rent a month, that is €10,800. For a rent increase or reduction, the annual amount of the difference counts (§ 41 (5) GKG). If a landlord asks for €60 more rent a month, the dispute is about €720.
Employment: unfair dismissal
For an unfair dismissal claim, the value is at most one quarter's pay, and a severance payment is not added (§ 42 (2) GKG). At €4,000 gross a month, that is €12,000. Note, however, that in labour courts each side pays its own lawyer in first instance (§ 12a ArbGG), and court fees there are lower. For employment matters the calculator therefore only gives a rough guide.
Non-monetary disputes
If the case is not about money, for example an injunction or a right to information, the court sets the value at its discretion (§ 3 ZPO, § 48 (2) GKG). What counts is the importance and scope of the matter and the parties' circumstances. It is worth checking the case law of the competent higher regional court, because guideline values have developed for typical cases.
How strongly the value drives costs
The fee tables rise in steps. Within a step nothing changes; at the boundary the amount jumps. The cost risk of losing completely in first instance, with lawyers on both sides:
| Amount in dispute | Cost risk, first instance | Share of the value |
|---|---|---|
| €1,000 | €783.96 | 78% |
| €3,000 | €1,825.32 | 61% |
| €5,000 | €2,668.38 | 53% |
| €10,000 | €4,776.00 | 48% |
| €20,000 | €6,451.00 | 32% |
| €50,000 | €10,035.76 | 20% |
| €100,000 | €14,083.86 | 14% |
The table shows a basic pattern: relative to the value, small cases are the most expensive. If you fight over €1,000 and lose, you pay more than three quarters of that again in costs. With large values the share falls sharply.
Partial claim as a cost brake?
Some claimants first sue for only part of their claim to limit the cost risk. That can make sense if a legal question needs to be clarified first. But it has drawbacks: limitation continues to run for the part not claimed, and because of the fee steps a second lawsuit usually costs more in the end than a single one. Discuss this strategy with your lawyer.
Conclusion
For payment claims the amount in dispute is simple; tenancy, employment and injunction cases follow their own rules. If in doubt, estimate on the high side so that your cost estimate is safe. This article is not legal advice; the binding value is set by the court.