Law on judicial proceedings in inland waterway matters
Basic data | |
---|---|
Title: | Law on judicial proceedings in inland waterway matters |
Abbreviation: | BinSchGerG |
Type: | Federal law |
Scope: | Federal Republic of Germany |
Legal matter: | Public law |
References : | 310-5 |
Original version from: | September 27, 1952 ( Federal Law Gazette 1952 III p. 310 ) |
Entry into force on: | October 1, 1952 |
New announcement from: | May 14, 1965 ( Federal Law Gazette 1965 I p. 389 ) |
Entry into force of the new version on: |
July 1, 1965 |
Last change by: |
Art. 8 G of April 20, 2013 ( BGBl. 2013 I p. 831 ) |
Weblink: | Legal text |
Please note the note on the applicable legal version. |
The law on judicial proceedings in inland waterway matters ( BinSchGerG ) of September 27, 1952 regulates the factual and local jurisdiction of the courts in inland waterway matters.
The law is divided into four sections: General procedural regulations (§§ 1–13), special procedural regulations for Rhine shipping matters (§§ 14-18), special procedural regulations for Moselle shipping matters (§§ 18a-18e) as well as additional, transitional and final provisions ( §§ 19-27).
The term inland waterway transport is defined in § 2 BinSchGerG. Inland waterway matters are civil legal disputes that are related to the use of inland waterways by shipping and that concern claims for damages , claims from salvage or claims for payment of pilotage and port fees .
In civil legal disputes that are inland waterway matters, the local courts are also competent to the extent that the regional courts would have jurisdiction under the provisions of the Courts Constitution Act. ( Section 3 (1) BinSchGerG) Local courts use the designation shipping court when negotiating and deciding on inland waterway matters . ( Section 5 (2) sentence 1 BinSchGerG) In civil legal disputes, an appeal against the rulings of the shipping courts is permissible regardless of the value of the subject of the complaint. ( § 9 BinSchGerG)