Registrierung von außergerichtlichen Rechtsdienstleistungen, wenn diese in Deutschland erbracht werden sollen, der Antragsteller aber im Europäischen Wirtschaftsraum niedergelassen ist

If you are established outside Germany for the exercise of a profession related to the provision of legal services and wish to exercise it temporarily in Germany, notify the competent authority in order to be temporarily registered.

Anyone who is established in another Member State of the European Union (EU), in another State party to the Agreement on the European Economic Area (EEA) or in a profession related to the provision of legal services may, under certain conditions, exercise this profession as a temporary legal service in Germany.

The notification can be submitted for one year at a time and must be repeated after one year if the person or company wishes to continue to provide temporary legal services in Germany.

• Notification of the person or company to be registered with the information pursuant to § 15 paragraph 2 and § 16 paragraph 2 number 1 RDG
• certification that the person or company is lawfully established in a Member State of the European Union, in another State party to the Agreement on the European Economic Area or in Switzerland for the exercise of a profession related to the provision of legal services or a comparable profession and that he or she is not entitled to pursue that activity at the time of presentation of the certificate, not even temporarily, is prohibited
• Proof that the person or company has lawfully exercised the profession for at least 1 year during the previous 10 years, if the profession is not regulated there
• Proof of the existence of professional indemnity insurance or explanation of why it is not possible or unreasonable to take out such insurance
• If no professional indemnity has been concluded: a declaration that the profession is pursued exclusively from the State of establishment

Legal establishment in a comparable profession in another Member State of the European Union, in another State party to the Agreement on the European Economic Area or in Switzerland.

If neither the profession nor the training for that profession is regulated in the State of establishment, this shall apply only if the person or company has pursued the profession for at least one year during the previous ten years.

Temporary legal services shall be provided under the professional title of the activity in the language of the Member State of establishment.

Confusion with the professional titles "debt collection" or "pension consultant" must be excluded.

• As soon as the notification with the required documents is complete, the competent authority shall carry out a temporary registration or its renewal for one year and arrange for the publication in the Legal Services Register.
• The declaration shall be repeated annually if the person or company wishes to provide temporary legal services in Germany again after one year.

The activity may not be commenced until permission has been granted.

Generally available remedies

If the competent authority does not decide in accordance with the application or revokes a registration (§ 14 RDG), an objection or immediate action may be brought before the administrative court with the competent authority within one month.

An appeal against a negative objection decision may also be brought before the administrative court.

The registration authority shall not decide on disputes between registered legal service providers and recipients or between legal service providers. Civil claims between the parties must be brought before the ordinary courts.

• Out-of-court legal advice/legal services may only be provided if registration has been made in the register of out-of-court legal services.
• If a person or company is established in the European Economic Area for the exercise of a profession related to the provision of legal services and wishes to exercise it temporarily in Germany, he must report this to the competent authority in order to be temporarily registered.

The jurisdiction lies with the regional court and the larger district court (so-called Präsidialamtsgericht). The responsibility includes the assigned district in each case. The district court includes the areas of the assigned district courts.

• in text form
• Written form requirement: yes
• No application form available