De minimis

De minimis ( Latin for 'about little things') describes a legal principle in which trivialities do not meet the criteria of a norm or are not charged . The best known are the sentences de minimis non curat lex 'The law does not care about small things' and de minimis non curat praetor 'The criminal judge does not care about small things' .

Although there are isolated indications of de minimis handling of some cases in the pandects , they were not codified in the institutions . The formulation de minimis non curat praetor first appeared in this form in 1644.

Examples

De minimis rules exist in many forms in different legal systems and areas of law. De-minimis does not always appear explicitly by name. Here are a few examples:

• Inadmissibility of trivial complaints to the European Court of Human Rights according to Art. 35 Para. 3 lit. b of the European Convention on Human Rights
• EU:
  • De minimis announcement by the EU Commission for competition law
  • De minimis rule when granting aid ( de minimis aid rule )
• Germany:
  • Small claim announcement by the Federal Cartel Office of March 13, 2007
  • Need for legal protection as a prerequisite for a factual decision in civil proceedings
  • Approval regulations of Chapter 3 of the Radiation Protection Ordinance .
  • Small claims clause in Section 129 (3) No. 2 StGB
  • De minimis regulation of the energy industry: No unbundling of vertically integrated companies with a distribution network with fewer than 100,000 customers according to EnGW in Section 7 .
• UNITED STATES:
  • 4. Amendment to the United States Constitution ( unreasonable searches and seizures )

Web links

Commons : De minimis  - collection of images, videos and audio files

Individual evidence

1. ↑ See the discussion by Ulpian and Paulus in D. 4. III. 9-11. "ULPIAN: [...] because this lawsuit is by no means to be approved without distinction; because see, especially if the sum should be small, PAULUS: - that doesn't mean more than two gold pieces, - ULPIAN: so it must not be approved. ”Readable here and here .
2. ↑ Augustini Barbosae, Tractatus Varii. Quoted from: 45 Me. L. Rev. 537, 538, 539 (1946-1947) De Minimis Non Curat Lex; Veech, Max L.; Moon, Charles R.
3. ^ De minimis Notice. In: ec.europa.eu. Retrieved January 19, 2020 . 
4. ↑ Communication from the Commission - Notice of agreements of minor importance which do not appreciably restrict competition within the meaning of Article 101 (1) of the Treaty on the Functioning of the European Union (de minimis notice)
5. ↑ Regulation (EU) No. 1407/2013 of the Commission of December 18, 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid
6. ↑ - Small- scale announcement.html Small- scale announcement
7. ↑ See Thomas Buß: De minimis non curat lex. In: New legal weekly . Vol. 51, Issue 6, 1998, pp. 337-344.
8. ↑ LK / Walter, Before §§ 13 ff. Rn. 45.
9. ↑ See Troy J. Aramburu: The Role of "De Minimis" Injury in the Excessive Force Determination: Taylor v. McDuffie and the Fourth Circuit Stand Alone. In: The BYU Journal of Public Law. Vol. 14, No. 2, 1999, ZDB -ID 1295345-3 , pp. 313-328, digital copy (PDF 260 kB) .