The Federal Office of Justice functions as the central contact point and liaison body with its counterparts in other countries in both civil and commercial matters, as well as in mutual legal assistance matters, on both a treaty and non-treaty basis. The same applies to matters falling within the jurisdiction of the administrative, fiscal and social courts, to the extent that the legal assistance takes place on a non-treaty basis. In this role, the Federal Office of Justice acts as a contact point for the judicial administrations in Germany’s federal states, the Länder, and the German Federal Foreign Office where problems arise in legal assistance matters with other countries. It becomes involved in cases on an individual basis, where diplomatic channels can be used for the submission of legal assistance matters from abroad to German courts (legal assistance on a non-treaty basis). In the framework of mutual legal assistance between EU Member States, it is involved on the level of dealing with foreign countries.

Legal assistance is generally carried out on the basis of a request made by a court or other competent authority which has jurisdiction for the legal matter or has been granted competence for issuing requests under national law. In practice, a large number of requests concern assistance in carrying out service. Examples would include the service of writs and summonses to appear in court, and the service of judgments as a preparatory act before enforcement takes place. But legal assistance also covers the sending on of requests for the gathering of evidence, such as those asking for the questioning of witnesses.

The Federal Office of Justice also assumes the role of Germany’s Federal Central Contact Point in the European Judicial Network in civil and commercial matters. In particular, it acts on the request of the courts to facilitate, simplify and expedite effective cross-border cooperation, thereby helping court proceedings to run as smoothly as possible.

Further to this, the Federal Office of Justice is responsible for an important tool for legal practice: the “Countries” part of the Regulation on Judicial Assistance in Civil Matters (ZHRO) which applies to relations with the foreign countries. This part of the Regulation is updated on a regular basis and contains information of use for the courts in terms of their practice, i.e. on mutual legal assistance with all countries. It provides practitioners with information as to which arrangements under international law are applicable and on the unique aspects to be considered in relations with each country.

While carrying out its duties, the Federal Office of Justice works in close cooperation with the Federal Foreign Office, the Federal Ministry of Justice, the judicial administrations of the Länder, the competent higher authorities in the Länder and other Federal Ministries, all while maintaining contact with various authorities in other countries.