Cross-appeal
A cross appeal referred to in German law a specific procedural situation in the appeal of the appeal . It occurs when an appeal has already been lodged in a process and the opponent joins in with a motion to change the contested decision in his favor. Follow-up appointments in civil and administrative processes are permitted.
A distinction must be made between two constellations:
- Dependent cross-appeal (genuine cross-appeal): The appeal is submitted within the appeal period, the cross-appeal is only made after the appeal period has expired. In this case, the cross appeal is effective if it is made in administrative court proceedings within one month of the delivery of the grounds of appeal, in civil proceedings within the deadline set for the appellant to respond. However, the cross appeal is dependent on the appeal and becomes ineffective if it is withdrawn or is inadmissible and the appeal court therefore rejects it ( accessory ); see. Section 524 (4) ZPO , Section 127 (5) VwGO .
- Independent cross-appeal (fake cross-appeal): Appeals and cross-appointments are submitted within the appeal period. The cross-appeal is treated like a normal appeal and is independent.
The cross-appeal is also permissible if the cross-appeal has previously waived legal remedies ( Section 524 (2) ZPO, Section 127 VwGO).
See also
literature
- Johan Schneider: The cross-appeal (§ 524 ZPO) . In: Zeitschrift für Zivilprozess (ZZP), 119th Vol., 2006, pp. 423-434.
