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Apply for a preliminary injunction

The jurisdiction threshold doubled on 1 January 2026

Interim relief proceedings§§ 935 ff. ZPOUp to €10,000 without a lawyer

A preliminary injunction secures an entitlement provisionally where normal litigation would take too long. It requires two things, both of which must be shown to be credible: a right to be secured (Verfügungsanspruch) — the right at issue — and a ground for the injunction (Verfügungsgrund), that is, the particular urgency. Showing something to be credible requires less than proof: a declaration in lieu of oath is sufficient; a witness does not have to be summoned.

Regarding jurisdiction, a threshold has recently applied that differs from the one found in almost all guides. Under the Courts Constitution Act (Gerichtsverfassungsgesetz, GVG), § 23 Nr. 1 GVG, the Amtsgericht has jurisdiction over civil disputes up to a value in dispute of €10,000; above that, under § 71 GVG, the regional court (Landgericht) has jurisdiction. This threshold was raised from €5,000 to €10,000 on 1 January 2026 and had not been changed since 1993 — older accounts therefore consistently cite the old figure.

This has a direct consequence for you: under § 78 Abs. 1 of the Code of Civil Procedure (Zivilprozessordnung, ZPO), mandatory representation by a lawyer applies before the regional courts, not from a particular amount. Because the Amtsgericht now has jurisdiction up to €10,000, you can represent yourself in this range. Anyone going by the old threshold unnecessarily assumes regional court jurisdiction and mandatory representation at a value in dispute of €8,000.

Last updated28 August 2026
Legal basis§§ 935 ff. ZPO · § 23 GVG
Verification§ 23 Nr. 1 and Nr. 2 GVG · § 78 ZPO · GKG KV 1410
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
AmtsgerichtUp to €10,000Since 1 January 2026 — previously 5,000
Mandatory representation by a lawyerOnly at the regional court§ 78 Abs. 1 ZPO — not based on an amount
Court fee1.5 based on the value in disputeGKG KV 1410
Required documents

What you need

Setting out the right to be secured

Which right you want to secure and what it is based on — contract, ownership, a claim for an injunction. Without an entitlement in the main proceedings, there is nothing to secure; interim relief proceedings do not create rights, they secure existing ones.

Giving reasons for the urgency

The ground for the injunction is the part on which most applications fail. It must be set out why normal proceedings would come too late. Anyone who waits for weeks and then claims urgency disproves it themselves — one's own inaction is the strongest counter-argument.

Declaration in lieu of oath

The usual means of showing something to be credible. You describe the facts and declare their accuracy in lieu of oath. A false declaration is a criminal offence, which is why assumptions must be identified as such.

Copies of evidence

Contracts, correspondence, dated screenshots. In interim relief proceedings, what matters is what is immediately available: anything that still needs to be obtained does not help. That is why evidence secured early is worth more here than in any other type of proceedings.

Stating the value in dispute

It determines jurisdiction and the fee. Up to €10,000, the Amtsgericht decides; above that, the regional court, with mandatory representation by a lawyer. For claims for an injunction, the value in dispute must be estimated; the court sets it.

Step by step

How to proceed

  1. 1

    Check whether it really is urgent

    The ground for the injunction requires that, without the order, the realisation of your right would be frustrated or made considerably more difficult. Act promptly: the longer you wait, the harder it is to establish urgency. There is no fixed deadline, but weeks of waiting regularly count against it.

  2. 2

    Determine the competent court

    Under § 23 Nr. 1 GVG, the Amtsgericht up to a value in dispute of €10,000, above that the regional court. Note the list in § 23 Nr. 2 GVG: disputes over residential tenancies, condominium ownership and neighbour-law matters belong before the Amtsgericht regardless of the value in dispute — so the value threshold plays no role at all there.

  3. 3

    Submit the application with supporting evidence

    The application names the right to be secured and the ground for the injunction and sets out both so as to be credible, usually through a declaration in lieu of oath and copies. Proof in the strict sense is not required — this is what distinguishes interim relief proceedings from main proceedings.

  4. 4

    Wait for the decision — with or without a hearing

    In urgent cases, the court can decide by order without an oral hearing. There is no statutory deadline for the decision; how quickly it happens depends on the urgency and the court's workload. Do not therefore plan on a particular number of days.

  5. 5

    After the order is made: serve it and observe the deadline

    An injunction issued by order must be served on the opposing party, and this is for you, as the applicant, to do — if you fail to do this, it becomes ineffective. The opposing party can lodge an objection (Widerspruch); the court will then hold an oral hearing. They can also apply for a deadline to be set for you to bring the main action.

Fee information

Costs and payment

Court fee by value in disputeGKG KV 1410: 1.5 fee
Value in dispute €2,000€154.50
Value in dispute €5,000€255.75
Value in dispute €10,000€424.50
Amtsgericht up to €10,000Possible without a lawyer
If you winCosts refunded by the opposing party
On a low incomeProzesskostenhilfe (§ 114 ZPO)

Under § 91 Abs. 1 ZPO, the losing party bears the costs of the legal dispute. The court fee must be advanced initially but is to be reimbursed by the opposing party if you succeed. If the main action follows later, separate fees arise for that.

Good to know

Important notes

The jurisdiction threshold has stood at €10,000 since 1 January 2026. It was raised from €5,000 and had previously been unchanged since 1993 — almost all older guides still cite the old figure.

Mandatory representation by a lawyer follows from the court, not from the amount. § 78 Abs. 1 ZPO ties it to the regional court. Because the Amtsgericht now has jurisdiction further up, the range in which you can represent yourself extends correspondingly further.

In tenancy, condominium ownership and neighbour-law matters, the value in dispute plays no role. § 23 Nr. 2 GVG assigns them exclusively to the Amtsgericht, even at very high values.

Waiting destroys the ground for the injunction. Anyone who does nothing for weeks and then claims urgency hands the court the counter-argument themselves.

Service is your responsibility. An injunction issued by order becomes ineffective if it is not served on the opposing party in time — the court does not take care of this.

Avoid these mistakes

Common mistakes

Assuming the old threshold of €5,000. Since 1 January 2026, the Amtsgericht has had jurisdiction up to €10,000; anyone going by the old figure unnecessarily accepts regional court jurisdiction and mandatory representation by a lawyer.

Applying only after weeks have passed. The ground for the injunction requires urgency, and one's own inaction speaks most clearly against it.

Setting out only the entitlement and forgetting the urgency. Both must be shown to be credible; most applications fail because of the ground for the injunction, not the entitlement.

Looking at the value in dispute in a tenancy dispute. § 23 Nr. 2 Buchst. a GVG assigns residential tenancy matters to the Amtsgericht regardless of the value.

Leaving service to the court after the order is made. Enforcement is the applicant's responsibility; if it does not happen in time, the injunction loses its effect.

Frequently asked questions

Questions and answers

Which court has jurisdiction?

Under § 23 Nr. 1 GVG, the Amtsgericht up to a value in dispute of €10,000; above that, under § 71 GVG, the regional court. This threshold has applied since 1 January 2026; before that it was €5,000 and had been unchanged since 1993. Regardless of the value in dispute, the Amtsgericht has exclusive jurisdiction under § 23 Nr. 2 GVG over residential tenancy matters, condominium ownership matters and claims arising from neighbour law.

Do I need a lawyer?

Not before the Amtsgericht: § 78 Abs. 1 ZPO ties mandatory representation by a lawyer to the regional courts, not to an amount. Since the Amtsgericht has had jurisdiction up to €10,000 since 2026, you can represent yourself in this range. In complex cases, help from a lawyer still makes sense, because little time remains for corrections in interim relief proceedings.

What is a ground for an injunction?

The particular urgency: without the interim order, the realisation of your right would be frustrated or made considerably more difficult. It must be shown to be credible separately from the entitlement and is the most common hurdle. Anyone who waits a long time after becoming aware of the infringement can usually no longer establish it.

How quickly does the court decide?

This cannot be said in general terms; there is no statutory deadline. In urgent cases, the court can decide by order without an oral hearing, which considerably shortens the proceedings. How quickly it actually happens depends on the urgency of the case and the court's workload — do not therefore plan on a fixed number of days.

How much does the procedure cost?

Under GKG KV 1410, the court fee is 1.5 times the fee under the fee table: €154.50 at a value in dispute of €2,000, €255.75 at €5,000, €424.50 at €10,000. It must be advanced; under § 91 Abs. 1 ZPO, the losing party ultimately bears the costs. If your income is low, Prozesskostenhilfe under § 114 ZPO may be available.

What happens after the order is made?

You must have the injunction served on the opposing party — enforcement is the applicant's responsibility, not the court's, and if it does not happen in time, the injunction becomes ineffective. The opposing party can lodge an objection; an oral hearing then follows. They can also apply for a deadline to be set for you to bring the main action.

Related official procedures

Apply for a Mahnbescheid (court payment order)
0.5 fee, at least €38
Possible without a lawyer
Protection order under the Act on Protection against Violence (Gewaltschutzgesetz, GewSchG)
Infringement is a criminal offence (§ 4 GewSchG)
Interim relief proceedings
Compulsory enforcement
Gerichtsvollzieher (court bailiff) or enforcement court
Under the GvKostG

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