Additional cargo (right)
When cargo is called in German procedural law ie persons who do not - the possibility of a third party plaintiff nor defendant are - in a trial for those involved to make.
Legal bases
The legal basis is Article 65 VwGO in administrative court proceedings , Article 75 SGG in social court proceedings and Article 60 FGO in tax court proceedings ; furthermore, some special laws offer the possibility of additional cargo, u. a. the Investor Model Procedure Act , the Condominium Act and the Act against Restraints of Competition .
Legal interests of the summoned party
Persons whose legal interests are affected by the decision can also be invited ( Section 65 (1) VwGO, Section 75 (1) SGG, Section 60 (1) FGO). One speaks here of a simple additional cargo . The summons are either ex officio or on request. Example: A builder is suing for a building permit that could affect the interests of the neighbor. In this case , the neighbor can be invited.
If third parties are involved in the disputed legal relationship in such a way that the decision can only be made uniformly against them, the third party must be invited ( Section 65 (2) VwGO, Section 75 (2) SGG, Section 60 (3) FGO). This is called a necessary additional cargo . Example: A neighbor takes legal action against a building owner's building permit. In this case , the client must be included.
Mass proceedings
If more than fifty people ( Section 65 (3) VwGO) or more than 20 people ( Section 75 (2a) SGG) are eligible for a necessary additional summons in administrative mass proceedings ( Section 65 (3) VwGO) , the court can decide that only persons who have requested this. Such a decision must be published in the electronic Federal Gazette and in the regional daily press. The application deadline must be at least three months. However, final judgments are also binding for persons who have not submitted the application for an additional summons in due time.
Participation position
The summoned party is a participant in the proceedings in accordance with Section 63 VwGO. Him are the briefs deliver and he is among the appointments to load. According to § 66 VwGO ( § 75 Abs. 4 SGG, § 60 Abs. 6 FGO) he can independently assert means of attack and defense and effectively carry out all procedural acts. However, he can only submit deviating material requests if it is a necessary additional cargo.
A conviction of the summoned party is only envisaged in social court proceedings and only in the areas of law finally listed in the law ( Section 75 (5) SGG). A conviction according to this provision releases the person from the obligation to conduct preliminary proceedings against the summoned party ( Section 78 (1) sentence 2 point 1 SGG). The conviction of the summoned party is subsidiary; the court may only examine a claim against the summoned party if it has previously denied a claim against the defendant. In addition, a conviction of the party summoned is only permissible if either the subject matter of the dispute is identical to that of the defendant or the subject matter of the dispute between the defendant and the party summoned are mutually exclusive; On the other hand, it is not permissible to condemn the party summoned to perform which is not related to the claim asserted against the defendant.
In the social court procedure, the summoned party can therefore also appeal such as appeal or appeal. In such a case, the appellate court must always examine a claim of the plaintiff against the defendant, even if no corresponding application has been made; the plaintiff must not be placed in a worse position than if the defendant had been convicted.
literature
- Annette Guckelberger : The additional charge in the administrative process. In: Legal Training . Year 2007, issue 5, pp. 436–441.
