Divergence (right)
One speaks of a divergence of court decisions when different courts or tribunals come to a different assessment of the same legal issue that is relevant to the decision . If there is such a divergence, a clarifying decision is often made by a higher authority . If a complaint is to be made on the basis of a divergence, the grounds of the complaint must explain the extent to which "the lower court, applying the same provision with an (abstract) legal clause based on its decision, has deviated from a legal clause set out in the case law of the higher court."