Court holidays

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Courts do not operate during court holidays.

Germany

In Germany, court holidays from 1880 to 1934 and from 1951 to 1996 meant the period from July 15 to September 15 of each year when only so-called holiday matters were heard before the ordinary courts . Historically, the court holidays were based on the fact that only the most necessary legal proceedings should take place during the harvest season. The duration of the court holidays was in § 199 GVG a. F. regulated.

200 GVG a. F. contained the catalog of the so-called holiday items, which were also negotiated during the court holidays. These included:

  • all proceedings before the criminal courts
  • injunctions or attachment proceedings
  • certain tenancy proceedings (including eviction suits )
  • certain family law proceedings (including maintenance suits and paternity declarations and avoidance suits)
  • Procedure in the bill of exchange or check process
  • Disputes in building law about the continuation of a construction that has already started

Upon request, the courts could also declare other proceedings on holiday matters by way of a decision.

According to § 201 GVG a. F. at the regional courts holiday chambers, at the higher regional courts and the federal court set up holiday senates. Cost fixing procedures, dunning procedures, foreclosure procedures and insolvency procedures were all according to § 202 GVG a. F. exempted from the regulations on court holidays from the outset.

According to § 223 ZPO a. F. was prevented from running deadlines during the court holidays, unless it was an emergency deadline .

The corresponding regulations have been replaced by the regulation in Section 227 (3) of the Code of Civil Procedure ( ZPO ), which grants each party the right to postpone a hearing from July 1 to August 31 of each year without giving reasons to request an appointment outside of this time. A specific catalog of urgent procedures, which largely corresponds to the former holiday items, is again excluded.

Austria

In Austria there has been no negotiation-free period ( court holidays ) since January 1, 2011 . Also in the period from July 15 to August 25 and from December 24 to January 6 (until May 1, 2011, this was the non-negotiation period), negotiations in civil proceedings will take place in future. The time limit is basically no longer blocked during this time. However, there are still exceptions for appeals against decisions and judgments of the first and second instance: between July 15 and August 17 and December 24 and January 6, the emergency periods in appeal and appeal proceedings as well as appeal and appeal proceedings are suspended. If the beginning of this period falls within the course of such an emergency period or the beginning of such an emergency period falls within this period, the emergency period is extended by the entire duration or by the part of this period that was still remaining at the beginning. Also between July 15 and August 17 and December 24 and January 6, in the case of the diaries, timely announced vacations must be taken into account in the interests of the parties and the lawyers.

Liechtenstein

Liechtenstein has the Austrian Code of Civil Procedure 1912 rezipiert and the change in Austria in 2011 not traced. Through the ordinance of October 13, 1987 on the court holidays, on the basis of § 222 of the law of December 10, 1912 on the judicial procedure in civil disputes (code of civil procedure), the summer court holidays from July 15 up to and including August 25 of each summer And between Christmas and New Year beginning on December 24th of each year up to and including January 6th of the following year.

Switzerland

With the entry into force of the Federal Code of Civil Procedure on January 1, 2011, court holidays will apply nationwide, with a few exceptions, in the periods 7 days before and after Easter, July 15 to August 15 and December 18 to January 2 (Art. 145 ZPO, Art. 46 BGG, Art. 22a VwVG). Alignment of adopted the new Code of Civil Procedure prosecution holiday was not put into effect because a survey by the department showed Superintendence for debt collection, that a high mountain pending would result from the debt enforcement offices if the prosecution holidays last four weeks.

See also

Individual evidence

  1. ↑ § 199 GVG a. F. In: lexetius.com , accessed August 24, 2018.
  2. ↑ LGBL. No. 1987/51 of November 4, 1987.
  3. ↑ LGBl. 1912 No. 9/11.
  4. ^ AS 2010 1836
  5. ^ Message on the amendment of the Federal Act on Debt Collection and Bankruptcy (Reorganization Law) of September 8, 2010