General

Limitation period (Verjährung)

lapse of time after which a claim can no longer be enforced. This requires the debtor to invoke it. Under German law, what is known as the standard limitation period is three years from the end of the year in which the claim arose and the creditor knew, or would have known but for gross negligence, of the relevant circumstances and the identity of the debtor. Claims for defects in the sale of movable goods generally become time-barred two years after delivery. Claims established by a final and binding decision generally become time-barred after thirty years. Limitation can be suspended by, among other things, bringing a claim.

Because of the standard limitation period, many claims are filed shortly before the end of the year. The Christmas season is therefore often very stressful for lawyers. For businesses in particular, it is worth checking regularly whether potential claims will become time-barred in the near future and, if in doubt, engaging a lawyer in good time. Bringing a claim is not always the best route. Particularly where the issues are complex, debtors are also willing to waive the limitation defence in order to avoid court proceedings and allow negotiations. Where a debtor currently lacks the liquidity to pay, having the claim established by a final and binding decision, for example by an enforcement order (Vollstreckungsbescheid), can create a limitation period that is generally thirty years.

Term 22 of 44 · As at 9 September 2026

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How to cite: Limitation period (Verjährung), in: Berlin Online Glossary of German Business Law, published by STRUB.LAW, as at 9 September 2026, https://strub.law/en/glossary/limitation-period/, CC BY 4.0

*This licence applies only to the written entries of the Berlin Online Glossary.

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