Exclusive jurisdiction
Exclusive jurisdiction is a central concept in law, referring to the sole authority of a specific court, governmental body, or authority to decide a particular legal dispute or a specific matter. In such cases, the jurisdiction of any other court or authority is excluded. The main goal of exclusive jurisdiction is to avoid contradictory decisions and to promote legal clarity and procedural efficiency.
General meaning and legal basis
Exclusive jurisdiction represents an exception to the so-called general and special jurisdiction. It is expressly regulated by law and cannot be altered by a party agreement, choice of court, or any other procedural arrangement. A violation of exclusive jurisdiction results in the inadmissibility of the respective proceedings.
Sources of exclusive jurisdiction
Exclusive jurisdiction may arise from various regulations, in particular from:
- Statutory provisions (for example, in the Courts Constitution Act, Code of Civil Procedure, Code of Criminal Procedure, Administrative Court Rules)
- European regulations (such as the Brussels Ia Regulation)
- International law provisions and treaties
Exclusive jurisdiction in different areas of law
Civil law
In civil procedure law, exclusive local jurisdiction is primarily regulated by § 802 ZPO. It applies, for example, to the following matters:
- Real estate disputes: For lawsuits concerning rights in rem to immovable property (real estate), only the court in whose district the property is located has jurisdiction (§ 24 ZPO).
- Matrimonial and family matters: For matrimonial matters (especially divorces), mandatory local jurisdiction is also provided by §§ 122 ff. FamFG.
Criminal law
In criminal procedure, exclusive jurisdiction for certain offences may lie with special courts or panels, for example in proceedings involving high-level political crimes or offences against state security.
Public law
In administrative and social law, the court jurisdiction provisions (e.g. § 52 VwGO, § 51 SGG) serve to determine the exclusive subject-matter or local jurisdiction of certain administrative or social courts, for example for disputes in the field of asylum law or expropriation matters.
International jurisdiction
In international private and civil procedural law, the Brussels Ia Regulation and other international treaties contain specific cases in which only the courts of a certain EU member state or contracting state are competent. A prominent example is Art. 24 Brussels Ia Regulation for proceedings concerning rights in rem in immovable property, company law, public registers, intellectual property rights, and the enforcement of court decisions.
Distinction: General, special, and exclusive jurisdiction
Exclusive jurisdiction differs from general jurisdiction (usually at the residence or seat of a party) and special jurisdiction (for example, for actions relating to contract performance at the place of performance).
Exclusive jurisdictions do not allow for any choice and deprive other courts of the power to decide. In contrast, general and special jurisdictions can sometimes be determined by party agreement or selected by the claimant.
Legal consequences of breaching exclusive jurisdiction
If a court without jurisdiction finds that another court has exclusive jurisdiction, it will declare the case inadmissible by procedural ruling. The matter will be referred to the competent court, or the claim will be dismissed. Decisions made despite the lack of exclusive jurisdiction are generally void as they are affected by a serious procedural defect.
Practical significance of exclusive jurisdiction
Exclusive jurisdiction ensures effective and efficient enforcement of legal rights and prevents divergent decisions on identical legal issues. This is particularly significant in cross-border legal disputes within the European Union, as exclusive jurisdiction minimizes international jurisdictional competition and the risk of contradictory judgments.
Examples of regulations from German law
Code of Civil Procedure (ZPO)
- § 24 ZPO (Exclusive venue for real property: “For lawsuits concerning the ownership of, or other rights in rem to, real property, only the court in whose district the property is situated has exclusive jurisdiction.”)
- § 25 ZPO (Actions in inheritance matters)
- § 122 FamFG (Family matters, such as divorce)
Administrative Court Rules (VwGO)
- § 52 No. 4 VwGO (Exclusive venue for disputes over rights in real property)
International and European regulations
- Brussels Ia Regulation (EU) No. 1215/2012: Art. 24 (Exclusive jurisdictions, e.g. rights in rem to real property, registration or validity of companies, registers, intellectual property rights)
- Lugano Convention: Parallel rules to the EU Regulation for certain non-EU countries
Summary
Exclusive jurisdiction is an indispensable principle of order in national and international legal relations. Through fixed rules, it ensures clarity, predictability, and legal certainty by assigning certain matters to a single decision-making authority and thereby guaranteeing efficient enforcement of rights without duplicate or erroneous decisions.
Further reading
- Musielak/Voit, Code of Civil Procedure
- Zöller, Code of Civil Procedure with Courts Constitution Act
- Kropholler, European Civil Procedure Law
Status: June 2024
Frequently Asked Questions
When does the exclusive jurisdiction of a court apply?
The exclusive jurisdiction of a court applies whenever statutory provisions expressly provide for such exclusive competence for specific legal disputes. In these cases, only the specifically designated court is authorized to decide, while other courts, even if they would otherwise have local or subject-matter jurisdiction, are not permitted to process the case. Exclusive jurisdiction is particularly relevant in civil law, criminal law, and certain administrative law matters. Examples include the Land Registry Office for decisions relating to the land register (§ 12 GVG), the Family Court for specific family matters, or the Local Court for residential tenancy matters. The aim of this rule is legal certainty and the avoidance of conflicting decisions by different courts. It constitutes an exception to the general and special jurisdiction and must therefore be interpreted narrowly.
Which statutory provisions regulate exclusive jurisdiction?
Exclusive jurisdiction is found in various provisions of the respective procedural codes. For example, in the Code of Civil Procedure (ZPO), §§ 12 ff. regulate exclusive jurisdiction for specific matters. In the Courts Constitution Act (GVG), §§ 23a and 23b assign special jurisdictions. Moreover, special laws, such as the Land Register Act (GBO), the Partnership Companies Act (PartGG), or the Insolvency Code (InsO), contain provisions determining exclusive jurisdiction for certain cases. At the European level, the Brussels Ia Regulation or other EU legal acts may also contain rules on exclusive jurisdiction, which, in cases of conflict, take precedence.
Can exclusive jurisdiction be altered by party agreement?
Exclusive jurisdiction is mandatory and, in principle, cannot be changed or waived by agreement between the parties. According to § 40 ZPO, a forum selection agreement is inadmissible if there is an exclusive venue for the dispute. Any deviating agreement would have no legal effect, and the non-competent court would have to refer the case to the competent court ex officio. The parties have no right of disposition over the distribution of judicial jurisdiction; the legislator frequently uses exclusive jurisdiction to protect important public interests, such as legal certainty, concentration of expertise, or proper maintenance of registers.
What are the consequences if a claim is filed with a court that does not have exclusive jurisdiction?
If a claim is filed with a non-exclusive, i.e., objectively non-competent court, that court must examine the lack of exclusive jurisdiction ex officio, even without an application from the parties. If the court finds that it does not have jurisdiction, it refers the case to the actually competent court under § 281 ZPO. In practice, this can lead to delays and additional costs since the claim may need to be refiled with the competent court and procedural steps such as hearings or evidence may have to be repeated. In extreme cases, there is also the risk of missing deadlines, for example if referral affects limitation periods.
What are typical examples of exclusive jurisdiction in the German judicial system?
Typical cases of exclusive jurisdiction include land register matters (§ 12 GVG, competent: the Local Court at the seat of the land register), matrimonial and child matters (competent: the Family Court at the child’s, or spouses’, usual place of residence), registration matters (competent: Registry Court), as well as insolvency proceedings (competent: the Insolvency Court at the debtor’s registered seat). In disputes arising from residential tenancy agreements, only the court at the location of the property is competent under § 29a ZPO. In criminal law, matters of state security are specially regulated—for such matters, only certain Higher Regional Courts or the Federal Court of Justice have jurisdiction.
Can out-of-court settlements affect exclusive jurisdiction?
Out-of-court settlements such as mediations or attempts at conciliation generally cannot affect or override a court’s exclusive jurisdiction. They only have an effect if they lead to a final agreement, thereby eliminating the need for legal protection. If the dispute nevertheless proceeds to court, exclusive jurisdiction remains and is not at the parties’ disposal. Arbitration may only be selected where statutory prohibitions do not apply, which is expressly excluded for certain exclusive jurisdictions under state courts.
What are the differences between exclusive, special, and general jurisdiction?
General jurisdiction is the basic case and, in civil matters, is usually determined by the defendant’s place of residence (§ 12 ZPO). Special jurisdictions are an alternative to the general jurisdiction, such as for certain types of contracts or facts (e.g., place of performance, § 29 ZPO). Exclusive jurisdiction, on the other hand, is mandatory and excludes the competence of all other courts, even if those courts would have jurisdiction under general or special rules. Thus, a court that is exclusively competent by statute cannot be displaced by any other type of jurisdiction, placing it at the top of the jurisdictional hierarchy.
