Divergence template
In German law, a divergence submission is understood as the duty of a court that wishes to deviate from a decision by another court of the same level or from a supreme federal court to submit the matter to the highest federal court for decision.
This is intended to ensure uniform jurisdiction and to avoid contradicting decisions on the same legal issue.
Controlled is the duty in the case of deviation from a decision of the Federal Constitutional Court article Art. 100 100, paragraph 3 of the constitution. The divergence draft regulates simple law in Section 121 (2) of the GVG . In the event of a divergence at the Federal Court of Justice, the case must be submitted to the Grand Senate for Criminal Matters or the Grand Senate for Civil Matters or the United Grand Senates ( Section 132 GVG).
