Bavarian Supreme Court

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Court building of the Bavarian Supreme Court in Munich- Schwabing

The Bavarian Supreme Regional Court (BayObLG) with its seat in Munich and external senates in Nuremberg and Bamberg is the highest ordinary court of the Free State of Bavaria . Its predecessor courts go back to the year 1625. From 1879, with the entry into force of the Reich Justice Laws under its current name, it was the only supreme regional court in Germany according to § 8 EGGVG . Disbanded by the National Socialist rulers in 1935 , it was rebuilt after the Second World War and had its seat in Munich. In 2006 it was dissolved. At the initiative of the new Bavarian Prime Minister Markus Söder , the Bavarian State Parliament decided in July 2018 to re-establish the court on September 15, 2018.

history

After Emperor Ferdinand II. In 1620 the Duchy of Bavaria (from 1623 Electorate ) the privilege de non appellando had given, which was on April 17, 1625 Revisorium established that for Bayern in the place of Reichskammergericht as the last instance occurred. The auditorium of the Kingdom of Bavaria was replaced in 1809 by the Higher Appeal Court in Munich.

In 1879, a few years after the establishment of the German Reich , the Higher Appeal Court was repealed by the nationwide judicial constitution law. The Bavarian Supreme Court, which was newly established due to the Clausula Bavarica in § 8 EGGVG and § 7 EGZPO , acted as the revision instance . When the Civil Code came into force in 1900 and the Reichsgericht in Leipzig became the comprehensive revision instance in disputed civil matters ( Art. 6 EGBGB ), the legislature transferred the revisions in criminal matters and other complaints in matters of voluntary jurisdiction to the BayObLG as compensation (cf. § 9 EGGVG , § 199 FGG ).

After the transfer of power to the National Socialists , judge Alfred Neumeyer , who had been working at the court since 1929, was removed from service with the law to restore the civil service because of his Jewish origin. On April 1, 1935, the BayObLG was dissolved by the National Socialist rulers.

It was rebuilt on July 1, 1948. It was responsible for appeals against first instance civil judgments of the regional courts, if their jurisdiction was exclusive, and against criminal judgments of the jury courts ; also for submitting revisions and complaints by the regional and higher regional courts, subsidiary for the determination of the competent court and as the highest entails court; the court for conflicts of jurisdiction was affiliated . As a result of the amendment to the Courts Constitution Act and the establishment of the Federal Court of Justice , jurisdiction in criminal and voluntary jurisdiction was again expanded in 1950, and in disputed civil matters (according to § 8 EGGVG new) it was limited to state law. There were up to five civil, six criminal and three fines senates.

The Bavarian Prime Minister Edmund Stoiber announced in his policy statement on 6 November 2003 to abolish the Bavarian Supreme Court to cut costs and the three existing in Bavaria whose duties higher regional courts to transfer. This happened by resolution of the Bavarian State Parliament of October 20, 2004 to June 30, 2006, although massive objections were raised in the professional world. The proceedings, which previously fell within the jurisdiction of the Bavarian Supreme Court, were then divided between the Munich Higher Regional Court (civil and criminal cases from the Munich Higher Regional Court, appeal proceedings against decisions of the North and South Bavarian Public Procurement Chambers), the Bamberg Higher Regional Court (civil and criminal cases from the Bamberg OLG district and legal complaints under the law on administrative offenses and the commercial criminal law from all of Bavaria) and to the Nuremberg Higher Regional Court (civil and criminal cases from the Nuremberg OLG district). The civil proceedings became the competence of the Federal Court of Justice . In 2019, a total annual savings of around EUR 1.2 million should be achieved.

In his government statement of April 18, 2018, the Bavarian Prime Minister Markus Söder announced the re-establishment of the Bavarian Supreme Regional Court with its seat in Munich and external senates in Nuremberg and Bamberg. On July 11, 2018, the Bavarian State Parliament decided without dissenting votes to re-establish the court on September 15, 2018. On September 17, 2018, the President of the Court, Hans-Joachim Heßler, was introduced to his new office with a ceremony in the Munich Residence . With effect from December 16, 2018, Manfred Götzl was appointed Vice President.

Organization and occupation

At the Supreme Regional Court there is a civil senate in Munich and seven criminal senates (1st and 2nd in Bamberg, also penalty senates; 3rd and 4th in Nuremberg; 5th, 6th and 7th in Munich). The civil senate decides with five judges, the criminal senate with three judges ( § 10 Abs. 2 EGGVG , § § 122 , 139 GVG ).

There are also four professional judicial bodies : the criminal senate in Nuremberg as the state professional court for the medical professions ( Art. 68 HKaG ) and the state professional court under the Building Chamber Act ( Art. 28 BauKaG ); in Munich the Senate for tax consultants and tax agents matters ( § 59 GZVJu ) and the disciplinary court for notaries ( § 2 NotV ). You decide with three professional and two honorary judges or, in the case of the first instance disciplinary court for notaries, with two judges and one notary.

The President and a judge of each criminal division form the Grand Senate for criminal matters , if necessary ; the president and two judges of the civil senate form the grand senate for civil matters ( Art. 11 para. 2 AGGVG ). The latter is obsolete as long as there is only one civil senate, but if necessary forms the United Great Senate with the Grand Senate for criminal matters ( Section 10 (1) EGGVG , Section 132 GVG ).

18 judicial positions were filled in May 2019:

  • President (grade R 8)
  • Vice President (R 4)
  • one presiding judge and four presiding judges (R 4)
  • five judges and six judges (R 3).

The establishment plan shows 38 positions (president, vice-president, 11 presiding judges , 25 judges).

The public prosecutor's office is responsible for the public prosecutor's office at the Munich Higher Regional Court ( Art. 13 (2 ) AGGVG ).

Jurisdiction

In civil matters , the BayObLG has been making decisions again since September 15, 2018

The FamFG does not allow the (re) transfer of matters of voluntary jurisdiction .

The BayObLG will decide again in criminal and fines matters from February 1, 2019

Further transfer of responsibilities from February 1, 2019:

Further possible allocations by ordinance were announced and took effect on May 1, 2020:

  • judicial decision in arbitration matters in accordance with Section 1062 of the Code of Civil Procedure
  • Decisions in accordance with Section 6, Paragraph 1, Clause 1 of the KapMuG
  • Negotiating and deciding on model assessment procedures in accordance with Book 6 of the Code of Civil Procedure
  • Decision on complaints in accordance with Section 99 (3) sentence 2 of the AktG
  • Decision on complaints under Section 27 of the Introductory Act to the Stock Corporation Act in conjunction with Section 99 (3) sentence 2 of the Stock Corporation Act
  • Decision on complaints in accordance with section 189 (3) sentence 1 and section 191 sentence 1 VAG in conjunction with section 99 (3) sentence 2 and section 132 (3) sentence 1 of the Stock Corporation Act
  • Decision on complaints according to Section 260 Paragraph 3 Clause 1 of the Stock Corporation Act in conjunction with Section 99 Paragraph 3 Clause 2 of the Stock Corporation Act
  • Decision on complaints according to § 12 Abs. 1 SpruchG
  • Decision on complaints according to § 51b sentence 1 GmbHG in connection with § 132 paragraph 3 sentence 1 and § 99 paragraph 3 sentence 2 of the Stock Corporation Act
  • Decision on complaints in accordance with Section 10 (4) UmwG and in accordance with Section 10 (1) sentence 3 UmwG in conjunction with Section 318 (5) sentence 3 of the Commercial Code , in each case in conjunction with Section 30 (2) sentence 2, Section 36 1 sentence 1, § 44 sentence 1, § 48 sentence 1, §§ 60, 81 paragraph 2, § 100 sentence 1 and § 125 UmwG, page 3
  • Decision on complaints pursuant to Section 10 (4) UmwG in conjunction with Section 293c (2) and Section 320 (3) sentence 3 of the Stock Corporation Act as well as pursuant to Section 293c (1) sentence 5 and Section 320 (3) sentence 3 of the Stock Corporation Act in conjunction with Section 318 para. 5 sentence 3 of the Commercial Code
  • Decision on complaints in accordance with Section 10 (4) UmwG in conjunction with Section 327c (2) sentence 4 and Section 293c (2) of the Stock Corporation Act and in accordance with Section 327c (2) sentence 4 in conjunction with Section 293c (1) sentence 5 of the Stock Corporation Act and Section 318 (5) sentence 3 of the Commercial Code
  • Decision on complaints in accordance with Section 5 (5) of the Introductory Act to the Stock Corporation Act in conjunction with Section 12 (1) SpruchG
  • Decision on legal matters for which the higher regional courts are competent according to Section 57 (2) sentence 2, Section 63 (4), Sections 83, 85 and 86 GWB

Courthouse

The administration and civil senate are located at Schleißheimer Straße 141 in Munich, the criminal senate at the respective higher regional court (Nymphenburger Straße 16 in Munich , Wilhelmsplatz 1 in Bamberg , Fürther Straße 110 in Nuremberg ). Former offices in Munich were the Old Academy from 1848 , the New Justice Building from 1905 to 1935 , then Maria-Theresia-Strasse 17 from 1948 , Lenbachplatz 7 from 1956 and Schleißheimer Strasse 139 from 1973 to 2006.

List of presidents

Name (lifetime) Term of office
President of the Court of Appeal
Johann Kaspar Alois Count of Larosée January 1, 1809 - September 16, 1823
Heinrich Alois Count von Reigersberg (1770–1865) January 1, 1809 - August 16, 1810
Karl Maria Rupert Count of Arco 1823-1832
Constantin Ludwig Freiherr von Welden (1771–1842) July 27, 1832 - October 31, 1837
August Graf von Rechberg and Rothenlöwen (1783–1846) 1837 - October 30, 1844
Carl Anselm Freiherr von Gumppenberg (1791–1863) November 1, 1844 - December 31, 1854
Friedrich Freiherr von Wulffen (1790-1858) February 1, 1855 - April 10, 1858
Karl Bartholomäus Ritter von Lehner (1786–1877) November 1, 1858 - June 2, 1866
Karl Joseph Freiherr von Kleinschrod (1797–1866) June 29, 1866 - September 24, 1866
Karl Friedrich Ritter von Heintz (1802–1868) October 17, 1866 - August 16, 1868
Ludwig Ritter von Neumayr (1810–1895) December 16, 1868 - September 30, 1879
President of the Supreme Court
Ludwig Ritter von Neumayr (1810–1895) October 1, 1879 - September 30, 1884
Karl Ritter von Schebler (1818-1891) October 1, 1884 - July 29, 1891
Gottfried Ritter von Schmitt (1827–1908) November 1, 1891 - October 16, 1899
Wilhelm Ritter von Heller (1838–1909) October 16, 1899 - November 10, 1909
Heinrich Ritter von Thelemann (1851–1923) February 1, 1910 - February 10, 1912
Wilhelm Ritter von Haiß (1852–1927) April 1, 1912 - March 31, 1919
Karl Ritter von Unzner (1865–1929) April 1, 1919 - June 1, 1929
Gustav Müller (1871-1943) July 1, 1929 - March 31, 1935
President of the Bavarian Supreme Court
Anton Konrad (1883–1955) January 1, 1951 - March 31, 1954
Franz Gipser (1890–1955) April 1, 1954 - October 5, 1955
Adolf Keltsch (1897–1975) March 1, 1956 - March 31, 1962
Walter Rösch (1903–1977) July 1, 1962 - August 31, 1968
Ludwig Schäfer (1912-2003) September 1, 1968 - June 30, 1977
Wolfgang Schier (1918-2005) August 1, 1977 - February 28, 1983
Walter Odersky (* 1931) July 1, 1983 - December 31, 1987
Gerhard Herbst (* 1928) January 1, 1988 - September 30, 1993
Horst Tilch (1935-2004) 1993 - June 30, 2000
Peter Gummer (1940-2019) August 1, 2000 - December 31, 2004
Hartwig Sprau (Head as Vice President) January 1, 2005 - June 30, 2006
Hans-Joachim Heßler (* 1958) from September 15, 2018

Salary group : R 8 ( OLG President: R 8 or R 9)

See also

literature

  • Handbook of the Bavarian offices, municipalities and courts 1799–1980 . Beck, 1983, p. 126 f . ( Full text in Google Book Search).
  • Johann Demharter: 375 years Bavarian Supreme Court. In: Neue Juristische Wochenschrift (NJW) 2000, p. 1154.
  • Gerhard Herbst (Ed.): The Bavarian Supreme Court - past and present. Munich 1996, ISBN 3-406-37537-5 .
  • Günter Hirsch: The dissolution of the Bavarian Supreme Court. In: NJW 2006, p. 3255.
  • Konrad Kruis: The Bavarian Supreme Court and the federal structure of the administration of justice. In: NJW. 2004, p. 640.
  • Waltraud Taschner: Much praised unique piece. In: Bayerische Staatszeitung, April 27, 2018, p. 1.
  • Wolfgang Voit : BayObLG reloaded. NJW-aktuell, issue 24/2018, p. 12/13.

Decision collections

  • in criminal matters (BayObLGSt): 1.1902–34.1934 / 35 ( ZDB -ID 203200-4 ); NF 1.1949 / 51-54.2004 ( ZDB -ID 1875-2 ).
  • in civil matters (BayObLGZ): 8.1881–17.1900, [NF] 1.1901–34.1934 ( ZDB -ID 203199-1 ); NF 1948 / 51-2004 ( ZDB ID 1876-4 ).

Web links

Individual evidence

  1. ↑ Law establishing the Bavarian Supreme Regional Court of July 12, 2018 ( GVBl, p. 545. ); Case folder for draft Drs. 17/22094
  2. ↑ Implementation Act to the Reich Judicial Procedure Act of February 23, 1879 ( GVBl, p. 273. ), Art. 7, 42
  3. ↑ Implementation Act to the Civil Law Book of June 9, 1899, Art. 167 para. XXII
  4. ^ Ordinance on changes to the judicial system in Bavaria of March 19, 1935 ( RGBl. I p. 383. )
  5. ↑ Act No. 124 on the re-establishment of the Bavarian Supreme Court of May 11, 1948 ( GVBl, p. 83. )
  6. ↑ Law for the restoration of legal unity in the field of court constitution, civil law, criminal proceedings and cost law of September 12, 1950 ( Federal Law Gazette, p. 455. )
  7. ↑ Act to amend Act No. 124 on the re-establishment of the Bavarian Supreme Court of October 11, 1950 ( GVBl, p. 215. )
  8. ↑ cf. JMBl 1988, p. 29.
  9. ^ Act to dissolve the Bavarian Supreme Regional Court and the public prosecutor's office at this court (Court Dissolution Act - BayObLGAuflG) of October 25, 2004 ( GVBl, p. 400. ); this decision of the BayVerfGH of 29 September 2005 (7-VIII-05 Vf. 3-VII-05 and Vf.)
  10. ↑ Drs. 15/1061 p. 3.
  11. ↑ Söder reintroduces the Bavarian Supreme Court ( Memento from June 19, 2018 in the Internet Archive )
  12. ↑ The best for Bavaria . Government declaration by the Bavarian Prime Minister Dr. Markus Söder, Member of the State Parliament, in front of the Bavarian State Parliament on April 18, 2018
  13. ^ Süddeutsche Zeitung , accessed on July 12, 2018.
  14. ↑ Press release 1 of November 28, 2018
  15. ↑ a b Judicial division of responsibilities 2019 - 4th addendum
  16. ↑ 2nd supplementary budget 2018 , p. 6 f.
  17. ↑ Letter from the Bavarian Ministry of Justice to the Federal Bar Association (2018)
  18. ↑ Drs. 17/22094 p. 9.
  19. ↑ Bavarian Supreme Court: Business allocation plan for the judicial service for 2020
  20. ↑ Horst Tilch in: Festschrift for Walter Odersky for his 65th birthday on July 17, 1996. P. 120. f.

Coordinates: 48 ° 9 '50.4 "  N , 11 ° 33' 50.4"  E