What does a lawsuit cost, and who pays for it?
Before you sue someone or defend yourself against a claim in Germany, one question almost always comes first: what will this cost me if it goes wrong? The good news is that civil litigation costs in Germany are not a black box. Lawyer and court fees follow statutory tables that depend only on the amount in dispute. Once you understand the logic, you can estimate your cost risk quite precisely before the first brief is filed. This guide explains how the fees arise, who bears them in the end and what changed with the 2025 cost reform. You can work through your own case with the legal costs calculator.
Three cost blocks: court, your lawyer, the other side's lawyer
The costs of a lawsuit consist of three main parts. First, court fees charged under the Court Fees Act (GKG). Second, your own lawyer's fees under the Lawyers' Remuneration Act (RVG). Third, the other side's lawyer, whose fees are also calculated under the RVG. On top of that come court expenses, for example for witnesses or an expert opinion, which in construction or traffic accident cases can quickly reach several thousand euros.
The key rule is § 91 of the Code of Civil Procedure (ZPO): the losing party bears the costs of the proceedings. If you lose completely, you pay not only the court and your own lawyer but also reimburse the statutory fees of your opponent's lawyer. That is the cost risk of going to court in Germany, and it is why many people are surprised by the size of the bill.
The amount in dispute drives everything
All fees depend on the amount in dispute (Streitwert). For a payment claim, it is simply the sum claimed; interest and dunning costs claimed alongside it are not counted (§ 4 ZPO). Other disputes have special rules, such as one year's rent in an eviction case. Once the court sets the value, it also applies to the lawyers' fees (§ 23 RVG). How the value is set in typical cases is explained in our article on the amount in dispute.
The fee tables after the 2025 reform
Lawyers and courts work with a 'simple fee' (1.0) that you read off a table. For lawyers it is Annex 2 to § 13 RVG, for courts Annex 2 to § 34 GKG. The 2025 Cost Law Amendment Act (KostRÄG 2025) raised both tables on 1 June 2025. The smallest lawyer fee for values up to €500 rose from €49 to €51.50, the smallest court fee from €38 to €40. For mandates given before 1 June 2025, the old law still applies under § 60 RVG.
| Value up to | 1.0 lawyer fee (RVG) | 1.0 court fee (GKG) |
|---|---|---|
| €1,000 | €93.00 | €61.00 |
| €3,000 | €235.50 | €125.50 |
| €5,000 | €354.50 | €170.50 |
| €10,000 | €652.00 | €283.00 |
| €20,000 | €872.00 | €405.00 |
| €50,000 | €1,357.00 | €638.00 |
| €100,000 | €1,755.00 | €1,198.00 |
The tables rise in steps, so one extra euro can cost a whole step: at €10,000 the total cost of a lost case is €4,776.00, at €10,001 it is already €5,194.76. Above €500,000 a fixed formula continues the table.
How many fees are charged?
The simple fee is multiplied by a fee rate. Which rates apply is set out in the schedule of fees (VV) to the RVG and the schedule of costs (KV) to the GKG.
Lawyer, first instance
1. Procedural fee 1.3 (VV 3100): earned once the lawyer is instructed to bring or defend the claim.
2. Hearing fee 1.2 (VV 3104): earned as soon as a court hearing or a settlement discussion takes place. It also arises for a written settlement.
3. Settlement fee 1.0 (VV 1000, 1003): only if a settlement is concluded.
4. Flat rate for postage and telecoms (VV 7002): 20% of the fees, up to €20.
5. VAT at 19% (VV 7008) on the whole amount.
Court, first instance
The court charges 3.0 fees for the proceedings (KV 1210). If the case ends without a contested judgment, for example by settlement, withdrawal or acknowledgment, this falls to 1.0 (KV 1211). A claimant must pay the 3.0 fees in advance, otherwise the court will not serve the claim (§ 12 GKG).
Worked example: €5,000
Suppose you claim €5,000, both sides have a lawyer and the court decides by judgment. One lawyer then costs: procedural fee 1.3 × €354.50 = €460.85, hearing fee 1.2 × €354.50 = €425.40, flat rate €20. That is €906.25 net, or €1,078.44 with 19% VAT. The court charges 3.0 × €170.50 = €511.50.
If you win completely, the other side pays everything and you get your advance and lawyer's fees back. If you lose completely, you pay both lawyers and the court: 2 × €1,078.44 + €511.50 = €2,668.38. That is more than half of the amount claimed. With small claims the cost risk quickly approaches the claim itself: at €1,000 it is €783.96, almost 80%.
Worked example: €20,000 with appeal
At €20,000 the case goes to the regional court (Landgericht), where both sides must have a lawyer (§ 78 ZPO). The first instance costs €2,618.00 per lawyer and €1,215.00 in court fees, €6,451.00 in total. If the losing side appeals, it gets considerably more expensive: lawyers earn a procedural fee of 1.6 (VV 3200) and a hearing fee of 1.2 (VV 3202), and the court charges 4.0 fees (KV 1220). The appeal costs €2,929.30 per lawyer and €1,620.00 in court fees. Across both instances the cost risk adds up to €13,929.60, around 70% of the amount in dispute.
Partial success: the cost ratio
Many cases do not end in a clear victory. If you claim €10,000 and are awarded €6,000, you have won 60%. The court then splits the costs under § 92 ZPO in proportion to success and failure: you bear 40% of all costs, the other side 60%. In practice, court fees and both lawyers' bills are added up and split by that ratio. In the calculator, set the 'You win' slider to your expected share.
There are exceptions. If the over-claim was minor, the court may impose all costs on one side (§ 92 (2) ZPO). And if a claim is withdrawn, the claimant generally bears all costs (§ 269 (3) ZPO).
Settlement: cheaper or not?
A settlement cuts court fees from 3.0 to 1.0 but adds a settlement fee for both lawyers, so total costs usually rise slightly. The benefit lies in how costs are shared: unless agreed otherwise, costs are cancelled against each other (§ 98 ZPO), meaning each side pays its own lawyer and half the court fees. When that pays off is shown in our article Settlement or judgment?
If money is short: legal aid
If you cannot afford the costs and have reasonable prospects of success, you can apply for legal aid (Prozesskostenhilfe, § 114 ZPO). It covers your own lawyer and court fees, in full or against instalments depending on income. One thing it does not cover: if you lose, you must still reimburse the other side's lawyer (§ 123 ZPO). Details are in our article on legal aid. Legal expenses insurance, by contrast, also covers the other side's costs within the insured area, minus any deductible.
Special cases the calculator does not model
In labour court cases, each side pays its own lawyer in first instance, even the winner (§ 12a ArbGG). Family matters such as divorce or maintenance are charged under the FamGKG; there is a separate divorce cost calculator for that. If a lawyer has already acted out of court before the lawsuit, a business fee arises, half of which is credited against the procedural fee. More on this in Lawyer fees without going to court. Travel costs, several clients (VV 1008) and hourly rates agreed freely are not included either.
Conclusion: know your cost risk before you sue
A German civil lawsuit can be costed in advance. If you know the amount in dispute, you can read the fees off two tables and calculate the cost risk for every outcome: full win, defeat, partial success or settlement. With small claims, costs quickly reach a large part of the claim itself. With larger amounts, the appeal makes the biggest difference. Work through your options with the legal costs calculator and discuss the result with a lawyer before you decide. This article is not legal advice.