klage

Klage is a German legal term referring primarily to a civil action filed in a court or, more generally, to the act of suing. In everyday language the word can also mean a complaint, but in the legal sense it denotes a formal proceeding by which a claimant seeks a court decision to enforce a right or remedy a legal wrong. The verb from which the noun derives is klagen, meaning to complain or sue.

In civil procedure, a Klage initiates court proceedings. The claimant submits a Klage to a competent court, identifying the parties, outlining the facts, stating the legal basis, and specifying the relief sought (Klageantrag). The defendant may respond with a Klageerwiderung or other pleadings, presenting defenses and evidence. The court will determine the case on the basis of the submitted facts, evidence, and applicable law, which may result in an Urteil (judgment) or, in many cases, a settlement between the parties.

Klagearten in German law include several forms. The Leistungsklage seeks a concrete performance or payment, while die Feststellungsklage requests a declaratory judgment about the existence or non-existence of rights or legal relationships. Unterlassungsklage aims to restrain a future conduct, and Gestaltungs- oder Veränderungsklagen seek to alter the legal position of the parties (for example by canceling or modifying a contract). The choice of Klageart affects procedural requirements and the court's jurisdiction.

Jurisdiction and procedure considerations depend on the value of claims, the nature of the dispute, and statutory rules. Civil cases often proceed in the Amtsgericht or the Landgericht, with appellate options in higher courts as provided by law.