Do you know what solar equipment is? These are heating and hot-water-supply technologies that require no fuel at all. The system's main components are solar collectors, heat-exchanger tanks, and control equipment. As a complete package, solar equipment can be integrated into an already existing heating and hot-water system, regardless of the heat source.
The company that exported technologies of this kind had been set up by our future client — let's call him Oleg — together with his business partner. More precisely, there were two companies: one registered in Germany, the other in one of the Baltic republics. Oleg's partner was German, lived permanently in Germany, and accordingly managed the company registered there — purchasing equipment, taking orders, and so on. Oleg, meanwhile, was constantly travelling for work, assembling and installing equipment and overseeing the company based in the Baltics. In other words, Oleg didn't spend much time at his flat in Berlin. As sometimes happens, the two partners fell out. The German partner filed a claim with the court seeking, through an expedited procedure (i.e. a court order issued without a full trial), to recover 20,000 euros from Oleg. The claim was delivered to Oleg by post, and in the accompanying letter the court explained the procedure and the deadline by which he could file his objections. The court set this deadline at two weeks. Oleg happened to be in Germany at the time, received the claim, reviewed it, and filed his objection to his partner's claims with the court within the deadline set. He then left Germany again.
Debt collection procedure in Germany
Simplified debt-order proceedings (German: Mahnverfahren) make it possible to recover an undisputed debt without a court hearing — if the debtor does not file an objection within the set deadline, an enforcement order is issued.
Under German civil procedure, if the defendant files objections within the court-set deadline in response to the claimant's request for an expedited procedure, the proceedings move into a different — ordinary — stage of the trial. In other words, the claimant files a fresh statement of claim to the court, substantiating their demands. The defendant is then given two weeks to submit reasoned objections to the court, supported by evidence. However, Oleg was not in Germany during this period and missed the two-week deadline the court had set for filing his objections. If a defendant misses the deadline for filing objections to a claim, the court issues a ruling in their absence, based on the information and documents provided by the claimant. The ruling is served on the defendant once it has been finalised. From the moment the final ruling is received, the defendant has two weeks in which to challenge it by lodging an objection (Einspruch). Oleg missed this two-week window as well, again because he was not in Germany. German law then extends a further measure of leniency: the defendant is given a further two weeks, running from the moment they become aware that a deadline was missed, to file an application for reinstatement of the missed deadline for lodging an appeal, stating a valid reason.
Oleg came to our law firm on the very last day of the final deadline the court had given him as defendant. Having heard his story, the attorney explained to our client that his chances were, in practice, close to zero, since he had already known that civil proceedings were underway against him, yet had left the country and shown no interest in following the case. We pointed out to him that case law shows that, in such situations, the courts hold that the party concerned was duly notified and therefore should have anticipated that a ruling might go against them. The court would therefore be unlikely to accept his reason for missing the deadline as valid, or to reinstate the deadline for appeal. Even so, the client insisted on filing the application, believing he had a chance and wanting to take it. Well, a client's wishes are the law for their attorney — within reasonable limits, of course. Gathering every possible supporting document in a single day, the attorney prepared and filed a motion with the court seeking reinstatement of the missed appeal deadline. In support, he attached the tickets showing that Oleg had been outside Germany, cited the relevant provisions of German law, and pointed to Oleg's lack of awareness that proceedings had begun, his poor command and understanding of the German language, and so on.
The court dismissed the motion, pointing out that a person who knows civil proceedings are underway against them and who then leaves the country for an extended period must somehow arrange for their mailbox to be checked, for example by asking a neighbour or acquaintance to do so. He could have instructed an attorney to handle his affairs in his absence. The court pointed to the fact that, after receiving the court's notice (German: Mahnbescheid) that a claim had been filed and civil proceedings had been opened, our client had in fact filed his objection (German: Widerspruch). He therefore knew that proceedings were being brought against him, yet ignored the documents subsequently sent by the court, thereby showing disrespect not only to the other party but to the court itself. There was no point challenging this ruling.
As for you, dear reader, take note: if a letter in a yellow envelope ever turns up in your mailbox, take it seriously. And if, having filed your own objection with the court, you're planning to leave the country for a long stretch, hand your affairs over to an attorney. Believe us, it will work out far cheaper. The story above is proof enough.
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