German Chamber of Industry and Commerce (DIHK)
Definition and Legal Status
Der German Chamber of Industry and Commerce e. V. (DIHK) is the association of all 79 Chambers of Industry and Commerce (IHK) in Germany at the federal level. Thus, the DIHK forms the central organizational umbrella of the German IHK organization. Legally, the DIHK is a registered association pursuant to Section 21 of the German Civil Code (BGB) and not a public-law corporation, as the individual IHKs are at the regional level.
The DIHK occupies an important role in the economic self-administration of Germany. It is particularly responsible for representing the overall interests of German commercial enterprises at both national and international levels.
Historical Development
The idea of nationwide representation of the commercial sector’s interests dates back to the end of the 19th century. The formal association under the name “German Chamber of Industry and Commerce” took place in 1861. In 1949, following the end of the Second World War, the DIHK was re-established as a registered association in the Federal Republic of Germany.
Legal Basis
Foundations under Association Law
- According to Section 21 BGB, the DIHK is a legal-capacity ideal association. The association’s headquarters are in Berlin, with an additional office in Brussels.
- The DIHK’s articles of association primarily regulate its bodies, duties, rights and obligations of members, management, contribution regulations, and the structure of decision-making within the association.
Relationship to the Chambers of Industry and Commerce
- The individual Chambers of Industry and Commerce are public-law corporations pursuant to Sections 1 et seq. of the German Chambers of Industry and Commerce Act (IHKG).
- By law, they are members of the DIHK, as Section 9 (1) IHKG stipulates the coordinating function at the federal level.
- The IHKs send representatives to the DIHK General Assembly, which is the association’s most important governing body.
Public-Law Framework Conditions
- Membership of the IHKs in the DIHK is based on federal legislation (Section 9 IHKG).
- The DIHK performs coordinating activities but does not make sovereign decisions in the sense of administrative acts. Its tasks are limited to promoting and representing the common interests of the IHKs.
- Administrative legal avenues against decisions of the DIHK are excluded, as it is not vested with any sovereign powers and its decisions are subject to the limitations of association law.
Duties and Functions
The DIHK performs various functions, which are specified in its articles of association and the Chambers of Industry and Commerce Act:
Representation of Interests
- Representation of the economic policy interests of German commercial businesses at the national level (towards the Federal Government, Bundestag, Bundesrat) and at international level (particularly regarding the European Union and international economic organizations).
- Statements on draft legislation and other economy-relevant regulations.
Coordination
- Coordination of the activities of individual IHKs to ensure uniform positions and measures.
- Development of joint standards and guidelines, particularly in the field of initial and continuing education.
Service Functions
- Development of guidelines, handouts, and templates to support the IHKs in fulfilling their statutory duties.
International Cooperation
- Participation in shaping international trade relations.
- Support for German Chambers of Commerce Abroad (AHKs) and other international economic representations.
Bodies of the DIHK
The main bodies of the DIHK are:
President
The president represents the DIHK externally and leads the main meetings of the DIHK committees.
General Assembly
The DIHK’s highest body consists of representatives from all Chambers of Industry and Commerce. It decides on fundamental matters and elects the president and other members of the executive committee.
Executive Committee
The executive committee acts as the central governing body and, among other duties, prepares the resolutions of the General Assembly.
Chief Executive Management
The chief executive management leads the association’s day-to-day business.
Other Committees
Specialized committees and working groups prepare statements and opinions on draft legislation and technical topics.
Financing
The DIHK is financed mainly through contributions from its member chambers. The contribution arrangement is defined in the articles of association and a separate contribution regulation, both of which are subject to association law.
Distinction from the Chambers of Industry and Commerce
Important distinction: While the IHKs, as public-law corporations, perform delegated functions of public administration (such as conducting examinations, commercial register entries, etc.), the DIHK, as an association, acts solely as a representative and coordination platform and does not perform any sovereign tasks.
Case Law
The Federal Administrative Court has underlined in several decisions that the DIHK does not exercise any sovereign authority and that its decisions are only effective within the framework of association law (Federal Administrative Court, judgment of 18 February 2020, Ref.: 8 C 9.19). The transfer of sovereign tasks to the DIHK is not provided for by law.
Special Legal Aspects
Liability
For all actions of the DIHK, only the association itself is liable with its association assets. Member chambers and their representatives are not personally liable.
Data Protection
The data collected and processed as part of mutual coordination among the IHKs falls under the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Publications and Transparency
The DIHK’s resolutions and annual reports are available on its website. Transparency also obligates the association towards member IHKs, particularly through regular reporting by the president and the chief executive management.
Summary
Der German Chamber of Industry and Commerce as a registered association, is the nationwide umbrella organization of the German Chambers of Industry and Commerce. Legally, it takes the form of a private-law organization with purely association-law based, non-sovereign functions. The DIHK represents the interests of commercial enterprises at the highest level and promotes cooperation and consensus among the IHKs, without itself performing tasks of indirect public administration. Its legal foundations and links to public law are clearly regulated and have been confirmed by case law.
Frequently Asked Questions
What is the legal status of the German Chamber of Industry and Commerce (DIHK) in relation to the individual Chambers of Industry and Commerce (IHKs)?
The German Chamber of Industry and Commerce e.V. (DIHK) is, under German law, a registered association and therefore a private-law corporation. It acts as a leading body for the 79 German Chambers of Industry and Commerce (IHKs), but does not function as their supervisory authority or administrative body. The individual IHKs are independent corporations under public law and are subject to their own legal supervision, often by the respective state ministries of economics. The DIHK acts on the basis of its articles of association and rules of procedure, especially in the areas of political representation of interests at the national and European levels, as well as a coordination and service body for the IHKs. Decisions and statements of the DIHK are generally not legally binding on the IHKs, unless expressly adopted as such based on corresponding resolutions of the IHKs or within the framework of a consensual mandate. Compliance with legal provisions by the IHKs is solely the responsibility of each individual IHK.
Is the DIHK, as an association, subject to association law, or do special regulations apply to it?
The DIHK is primarily subject to the provisions of the German Civil Code (BGB) governing registered associations, pursuant to Sections 21 et seq. BGB. However, its tasks and actual status differ due to its special connection to the IHKs and their public mandate. While the DIHK’s articles of association and rules of procedure are governed by association law, tasks related to representing the interests of German business to politics, administration, and the public are partly governed by special provisions, for example, in the Chambers of Industry and Commerce Act (IHKG). Nevertheless, the association is fundamentally subject to association law; changes in favor of typical ‘chamber functions’ do not apply directly, as the DIHK itself does not have any sovereign powers. Its activities are carried out almost exclusively within the private-law sphere and exclude sovereign measures.
What legal requirements apply to the membership of IHKs in the DIHK?
Membership of the individual Chambers of Industry and Commerce in the DIHK is regulated in its articles of association. It requires that the relevant IHK is a corporation under public law and operates on the basis of the Act on the Provisional Regulation of the Law of Chambers of Industry and Commerce (IHKG). In practice, membership is obligatory to ensure unified representation of interests, but it is not legally mandatory. Formal entry is effected by a resolution of the respective IHK body in accordance with the DIHK articles of association. Termination of membership is provided for in association law (Section 39 BGB), but in practice is of little significance, since the performance of the IHKs within the overall structure of the German economy would be severely restricted without participation in the DIHK. The duties of the members are derived from the articles of association and particularly include payment of contributions and participation in the decision-making process.
What legal requirements are there regarding the financing and use of funds by the DIHK?
The financing of the DIHK comes from contributions by its member chambers as well as from other income that may arise from service offerings and events. Legally, the DIHK is required to use the funds solely within the framework of its statutory purposes (Section 55 AO by analogy as a charitable requirement, if charitable status is applied for tax purposes). The amount of the contributions and their allocation among the individual IHKs is regulated in the articles of association or binding contribution regulations and often depends on the economic strength of each IHK district. Use of funds is subject to internal controls (e.g., auditors) and to the general assembly, which grants discharge annually. The DIHK, as a private-law association, is not subject to external public control; however, inspections arise from tax regulations and association law provisions.
To what extent is the DIHK subject to control by government authorities?
As a registered association, the DIHK is not subject to direct state supervision, as is the case for public-law corporations. Its legal transactions are overseen by the General Assembly, internal committees, and the register court within the framework of registration requirements (Sections 55 BGB, register of associations). Nevertheless, due to its close cooperation with the IHKs, which are themselves subject to state legal supervision as public-law corporations, the DIHK is indirectly monitored regarding the performance of its duties. Should the DIHK cross the line into the performance of public tasks, governmental authorities may intervene by means of instructions or objections, as has occurred following disputes over its political activities (see Federal Administrative Court decision from 2020).
What legal consequences arise from the Federal Administrative Court ruling on the political activities of the DIHK?
In 2020 (Ref. 8 C 23.19), the Federal Administrative Court clarified that the DIHK, as the umbrella organization of the IHKs, may act in the name and on behalf of its members, but its statements and actions are limited by the statutory scope of the IHKs’ duties. Political activities that go beyond the statutory mandate for economic representation of interests are to be regarded as violations of the law. Upon complaint from an IHK member, an individual IHK may even be compelled to terminate its membership in the DIHK if the DIHK persistently engages in significant violations. As a result, the liability chain for unlawful actions by the DIHK has been strengthened, and a means has been created to establish an obligation for separation through association or administrative legal measures.
What is the legal relationship of the DIHK to international institutions?
Legally, the DIHK does not have any direct status under international law. Its activities at European and international level—such as with the European Union or the International Chamber of Commerce—are always based on private law agreements and memberships. It acts as a representative of the interests of German commercial businesses, but does not carry out any sovereign tasks. Its legal basis is the authority, under its articles of association, to maintain international contacts, conclude cooperation agreements, and, where necessary, enter into memberships of international business organizations. Legal obligations arise only from these concluded contracts and from its responsibility to its own member organizations. No binding obligations under international law arise from this.
