Court Fees Act
| Basic data | |
|---|---|
| Title: | Court Fees Act |
| Abbreviation: | GKG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administration of justice , cost law |
| References : | 360-7 |
| Original version from: | June 18, 1878 ( RGBl. P. 141) |
| Entry into force on: | October 1, 1879 |
| New announcement from: | January 27, 2014 ( Federal Law Gazette I p. 154 ) |
| Last revision from: | May 5, 2004 ( BGBl. I p. 718 ) |
| Entry into force of the new version on: |
July 1, 2004 |
| Last change by: |
Art. 2 G of June 25, 2020 ( Federal Law Gazette I p. 1474, 1477 ) |
| Effective date of the last change: |
June 30, 2020 (Art. 5 G of June 25, 2020) |
| GESTA : | C123 |
| Please note the note on the applicable legal version. | |
The German Court Fees Act ( GKG ) determines the costs (fees and expenses) for certain legal proceedings.
The law of 5 May 2004 (Federal Law Gazette I p. 718) completely revised the Court Fees Act. The new GKG came into force on July 1, 2004.
According to the transitional provision in § 72 GKG , however, the old GKG (version of the announcement of December 15, 1975, Federal Law Gazette I page 3047, last amended by law of December 12 , 2004 ) is still applicable for proceedings that became pending before July 1, 2004 . March 2004, Federal Law Gazette I page 390).
scope
The Court Fees Act applies to the procedures mentioned in Section 1 of the GKG . These are essentially:
- Proceedings before the ordinary courts
- Criminal proceedings and fine proceedings (StPO, JGG, OWiG)
- Proceedings under the Foreclosure Auction and Administration Act
- Procedure according to the bankruptcy code
- Procedure according to the code of civil procedure
- Note : In matters of voluntary jurisdiction , the GKG does not apply, but the Court and Notary Fees Act (GNotKG).
- Proceedings before the labor courts according to the Labor Court Act
- Proceedings before the courts of the financial jurisdiction according to the financial court order
- Proceedings before the courts of social justice , insofar as the GKG is applicable under the Social Court Act
- Proceedings before the courts of administrative jurisdiction according to the administrative court code .
Individual regulations
Fees arise for the procedure or for individual parts of the procedure.
Expenses are costs incurred by the court, for example for the compensation of experts, witnesses or interpreters, for travel expenses, sending files or making copies.
The amount of the fees usually depends on the amount in dispute . Section 34 GKG regulates how the amount of a fee for a certain amount in dispute is calculated. For amounts in dispute up to 500,000 euros, a table of fees is attached to § 34 GKG .
What are fees (one, more fees or fractions of a charge) collected results from the cost of directory that the GKG as conditioning is attached.
Sections 6–9 GKG regulate the due dates of fees and expenses.
Sections 10–18 GKG contain provisions on advance payments and advance payments. Section 19 GKG regulates at which court the cost estimate is carried out, i.e. the cost accounting is created.
The section on cost liability (§§ 22–33 GKG) regulates who is liable for the costs and how several costs can be claimed.
Sections 39–60 GKG contain more detailed provisions on the amount in dispute to be determined. Sections 61–65 GKG regulate the procedure in which the amount in dispute is determined.
Sections 66-69 contain provisions on legal remedies , in particular reminders against the cost estimate and complaints against the determination of the amount in dispute.
See also
literature
- Karl Josef Binz, Josef Dörndorfer, Rainer Petzold, Walter Zimmerman: Court Fees Act. Judicial Remuneration and Compensation Act. Comment . CH Beck, Munich 2007, ISBN 978-3-406-55280-9 .
- Peter Hartmann: cost laws. Short comment . 42nd edition. CH Beck, Munich 2012, ISBN 978-3-406-63164-1 .
- Dieter Meyer: Court costs of the disputed jurisdictions and the family proceedings. Commentary on the Court Fees Act (GKG) and the Act on Court Fees in Family Matters (FamGKG) . 12., completely redesigned. and exp. Edition de Gruyter, Berlin, 2010, ISBN 978-3-11-025067-1
- Dieter Meyer: Court Fees Act. Comment . 9th edition. de Gruyter, Berlin 2007, ISBN 978-3-89949-443-3 .
