Erich Eyermann

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Erich Eyermann (born July 1, 1906 in Nuremberg ; † November 25, 1998 in Munich ) was a German lawyer, President of the Bavarian Administrative Court from 1968 to 1974 and Deputy President of the Bavarian Constitutional Court from 1969 to 1974 .

Life

Erich Eyermann was born to a sales representative and a Jewish mother. In 1925 he obtained his Abitur. Financed by a loan from the student union and his own work at the CH Beck publishing house, as well as financial support from his former teachers, he studied economics and law at the University of Erlangen and for a semester at the Sorbonne . He completed his business studies in 1928 with a degree in economics. In 1929 he passed the first state examination in law and in 1932 the second state examination in law. He received his doctorate in 1932 on the subject of "Bavarian Budget Law". He then worked as a court assessor at the Erlangen District Court and then from 1932 as a public prosecutor at the Bayreuth District Court . In 1934 he became a judge at the Coburg District Court . By then he had received good business reviews.

Because of his Jewish mother, he was dismissed from the judicial service in 1935 without any further care due to the “ Nuremberg Laws ” and the so-called “ Law for the Restoration of the Professional Civil Service ”. His wife also lost her job as a typist after a few weeks. Attempts by Eyermann to find jobs in the League of Nations and in Switzerland on the recommendation of Professors Adolf Weber and Wilhelm Kisch failed. Through a chance acquaintance with a member of the board of a sewing machine factory in Bielefeld , he was able to become an assistant manager in the factory in 1936. He was responsible for contracts, the regulation of tax matters, the litigation department and foreign exchange matters as a work area. In addition, he also worked as legal advisor for another public company.

After the end of the National Socialist regime, he was admitted to the bar in Bielefeld on September 11, 1945, and in April 1946 he was involved in the re-establishment of the metal industry employers' association in Bielefeld. Eyermann became managing director of the association and remained so until March 1948. Then he moved back to Bavaria . His wish to return to the judicial service as a judge was initially not fulfilled. Since his brother, who had emigrated to the USA, was responsible for the Bavarian judiciary in the American military administration, this potential conflict of interests prevented his work as a judge. In mid-April 1948 he joined the Bavarian Ministry of Economic Affairs as a senior government councilor . On October 1, 1948, Eyermann was promoted to senior government director. In addition to his work in administration, he began to work in law; in addition, he worked as an honorary judge at the regional labor court .

On October 1, 1951, Erich Eyermann was appointed judge at the Bavarian Administrative Court. On January 15, 1951, he was also elected a member of the Constitutional Court. He was a member of the Constitutional Court until 1974, from 1969 as Deputy President. At the beginning of 1956 he became president of the Senate of the Administrative Court, then Vice-President in 1965 and finally President of the Administrative Court on September 1, 1968. In addition to his judicial work, he was also a member of the board of directors of Bayerischer Rundfunk from 1968 to 1974 . In 1974 he retired.

Despite his retirement in 1979, Erich Eyermann was elected to the Diet Commission by the Bavarian State Parliament and headed it until 1986.

plant

During his time in the Ministry of Economic Affairs, he and Ludwig Fröhler wrote a legal commentary on the Administrative Court Act in the countries of the American occupation zone. The commentary was continued with the enactment of the Administrative Court Regulations (VwGO) by Eyermann and Fröhler in relation to the VwGO. This commentary acquired considerable significance for the practice of administrative jurisdiction . In 1952, Eyermann and Fröhler revised the commentary on Landmann / Rohmer's trade regulations and from 1953 also commented on the trade regulations . These comments had a significant impact on administrative practice in these areas of law. In addition, he made a contribution to commenting on the Restaurant Act .

Honors

Erich Eyermann was awarded the Great Cross of Merit, the Federal Cross of Merit , the Bavarian Order of Merit and the Bavarian Constitutional Medal in silver.

literature

  • Johann Schmidt: Retired President Dr. Erich Eyermann †. In: Bavarian administrative sheets . 1999, p. 271.
  • Ludwig Fröhler: Erich Eyermann. In: A portrait of lawyers. Publisher and authors in 4 decades. Beck, Munich 1988, ISBN 3-406-33196-3 , pp. 302-310.

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