Decision based on the files
A decision based on the file location - also called the file location decision and decision based on the location of the files - is a decision by an authority or a court without an oral hearing .
more details
A decision based on the file situation is possible in administrative , court and other proceedings , which should be concluded with a legally binding decision if the presence of the parties is not required to determine the facts relevant to the decision, the parties did not appear despite being properly summoned ( default ) or have waived their presence, for example in the case of a decision by court order . The decision is then based on the facts known from the written procedural files, without further ascertaining or discussing this through a personal hearing , investigation or oral hearing of the parties involved.
In German law, a decision based on the file situation is provided for, for example according to § 251a ZPO , if both parties do not appear or negotiate in the civil process , or according to § 331a ZPO, if one party does not appear and the other party requests a decision based on the file situation instead of a default judgment . Instead of a decision based on the location of the files, the court can postpone the hearing ( Section 227 ZPO) or order the suspension of the proceedings ( Section 251 ZPO) in the event of default on both sides .
Even with the agreement to terminate a severely disabled worker or a worker who is job protection after the Eleventh Book of the Social Code (SGB XI) or the Maternity Protection Act or Bundeserziehungsgeldgesetz be enjoying, can in the absence of the hearing date by the authority on the location of the files chosen.
If, in the case of a decision based on the files, the facts of the case were only insufficiently determined and therefore violates the principle of official investigation , the decision can be unlawfully revoked.
Web links
- European Patent Office : Decision based on the file guidelines for examination, status: October 1, 2015.
Individual evidence
- ^ Carl Creifelds: Legal dictionary , 21st edition. 2014, ISBN 978-3-406-63871-8 .
- ↑ for example in the pension procedure, specialist information on disability pension , German Federal Pension Insurance
- ↑ Example: Hessian Regional Social Court, judgment of October 18, 2007 - L 8 KR 228/06
