Joint Senate of the highest federal courts

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Court organization in Germany (macro level)
Basic data
Title: Law to ensure the uniformity of the case law of the highest federal courts
Short title: Jurisprudence Uniformity Act  (not official)
Abbreviation: RsprEinhG
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 95 para. 3 GG
Legal matter: Administration of justice
References : 304-1
Issued on: June 19, 1968
( BGBl. I p. 661 )
Entry into force on: July 1, 1968
Last change by: Art. 144 VO from 31 August 2015
( Federal Law Gazette I, p. 1474, 1497 )
Effective date of the
last change: 		September 8, 2015
(Art. 627 of August 31, 2015)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Joint Senate of the Supreme Federal Courts (GmS-OGB), also known as the Joint Senate for short , is a joint institution of the highest German federal courts , which is supposed to preserve the uniformity of the jurisdiction of the highest federal courts.

The legal basis for its establishment is Article 95 (3) of the Basic Law . The law to maintain the uniformity of the case law of the highest federal courts (RsprEinhG) regulates the details.

According to Section 1 (2) of the RsprEinhG, the Joint Senate has its seat in Karlsruhe .

composition

The Joint Senate consists of the presidents of the Federal Court of Justice , the Federal Administrative Court , the Federal Labor Court , the Federal Social Court and the Federal Fiscal Court , which are supplemented by the chairperson and one other judge of each of the participating senates, depending on the case. The chairman of the joint Senate is chaired by the eldest President of the highest courts not involved (“involved” refers to an open cause ).

tasks

The Joint Senate has to decide a legal question if a Supreme Federal Court wishes to deviate from the decision of another Supreme Federal Court or the Joint Senate on a legal question. The referring court is bound by the decision of the legal question by the joint Senate. This is intended to ensure the uniformity of the case law of the highest federal courts.

The Joint Senate is not an independent supreme federal court, but rather as an intermediary body between the highest federal courts.

Negotiated cases and decisions

If the Senate of the Supreme Court of Justice, whose decision is to be deviated from, joins the legal opinion of the referring Senate within one month, the proceedings are to be discontinued ( § 14 RsprEinhG). Otherwise, the Joint Senate makes a decision on the matter (on average every two years since it was founded in 1968, with a decreasing trend).

GmS procedure date Decision of the GmS submit
dish		 Exit
proceedings
GmS-OGB 1/10 22 Aug 2012 The German regulations for the pharmacy retail price also apply to prescription drugs that pharmacies based in another member state of the European Union sell to end consumers by mail order to Germany. BGH I ZR 72/08
GmS-OGB 1/09 27 Sep 2009 The legal recourse to the labor courts is given for the action of the insolvency administrator against an employee of the debtor for reimbursement of remuneration paid by the debtor in accordance with Section 143 (1) InsO . BGH IX ZB 182/08
GmS-OGB 1/98 0Apr 5, 2000 In processes where representation is compulsory, definitive written submissions can be effectively transmitted by electronic transmission of a text file with a scanned signature to a fax machine of the court. BGH XI ZR 367/97
GmS-OGB 1/92 Apr 27, 1993 A judgment that has not yet been fully drafted at the time of the announcement is not provided with reasons within the meaning of Section 138 No. 6 VwGO if the facts and reasons for the decision have not been recorded in writing within five months of the announcement, specially signed by the judges and handed over to the office. BVerwG Sizes 1/91
GmS-OGB 1/91 June 30, 1992 Apartments and other rooms in existing buildings can also be self-contained within the meaning of Section 3 (2) sentence 1 WEG if the partition walls and separating ceilings do not meet the requirements set out by the building regulations of the respective federal state. BGH V ZB 12/90
GmS-OGB 1/88 , 2/88 July 10, 1989 For legal disputes between a substitute fund and a general local health insurance fund about the admissibility of measures in the area of ​​member recruitment, legal recourse is given to the courts of social justice. BGH I ZR 116/85
GmS-OGB 6/86 March 12 1987 The term “those employed for their vocational training” in Section 5 (1) BetrVG and Section 4 (1) BPersVG has different regulatory content and can therefore be interpreted differently by the Federal Labor Court and the Federal Administrative Court. BAG 6 ABR 8/83
GmS-OGB 3/86 , 5/86 Oct. 29, 1987 Legal recourse to the ordinary courts is available for legal disputes between non-medical service providers and statutory health insurance carriers about the remuneration of medical bathing services, regardless of whether the relationships between service providers and insurance carriers are based on a contractual basis or not. BSG
GmS-OGB 2/86 , 1/86 , 4/86 Oct. 29, 1987 Legal recourse is available for legal disputes between the retailers and the statutory health insurance providers regarding the admissibility of reusing the aids belonging to the health insurance companies (e.g. wheelchairs, forearm supports , bed wetting devices ) and their renewed use by those entitled to benefits. BSG
GmS-OGB 1/85 Apr 10, 1986 Legal recourse to the ordinary courts is given for legal action for admission to the supply of insured persons with therapeutic aids and aids based on a contract between the statutory health insurance carriers or their associations with service providers. BSG
GmS-OGB 2/83 Apr 17, 1984 If an appeal without power of attorney is rejected as inadmissible by a trial judgment because no power of attorney has been submitted for the plaintiff's representative despite a court deadline, then this deficiency in the appeal proceedings cannot be remedied retrospectively by a power of attorney that has now been granted and the approval of the previous litigation contained therein. BVerwG
GmS-OGB 1/83 Oct. 24, 1983 Is an exemplary rather than itself and in time pickled appeal against a judgment after the appeal period discarded, so that occurs legal force of the judgment i. S. v. § 705 ZPO with the legal force of the rejection decision. BSG
GmS-OGB 2/82 Jan. 27, 1983 The training relationship of a nurse who has successfully passed the final examination according to Section 13 of the Nursing Act before the expiry of the three-year course duration provided for in Section 9 (1) of the Nursing Act ends in accordance with § 14 Paragraph 2 of the Vocational Training Act with the time of the examination BAG
GmS-OGB 1/82 Nov 25, 1982 The maintenance allowance paid to civil service candidates in the period from April 1, 1943 to September 30, 1944 is not a payment within the meaning of Section 160 (1) sentence 1 of the Reich Insurance Code in the version applicable at the time. BSG
GmS-OGB 1/78 Apr 30, 1979 The justification for the revision of a corporation or institution under public law or an authority corresponds to the statutory written form even if the name of the author, which is typed, is provided with a certification note. BSG
GmS-OGB 2/75 0Nov 9, 1976 If the postal worker fails to note the day of delivery on the consignment as required by Section 195 (2) sentence 2 ZPO , the delivery is not ineffective, but the deadlines specified in Section 9 (2) VWZG (Section 187 sentence 2 ZPO) do not apply set in motion. BFH IR 236/74
GmS-OGB 1/75 16. Mar. 1976 The jump revision according to § 134 VwGO, § 161 SGG (old and new version) does not require the consent (consent) of the party invited . BSG
GmS-OGB 2/74 0May 6, 1975 Anyone who, as the fiancé of a persecuted person, was also affected by Nazi violent measures and only married the persecuted person later, is not considered a close relative within the meaning of Section 1 (3) No. 4 BEG . BGH IX ZR 135/71
GmS-OGB 2/73 04th June 1974 Legal recourse to the courts of social justice is available for entitlement to the employer's subsidy according to Section 405 of the Reich Insurance Code. BSG
GmS-OGB 1/72 0Feb 6, 1973 If a supreme court of justice of the federal government has changed the legal opinion on which the remittal is based, and the same matter is dealt with again, it is not bound by its legal opinion initially represented. BFH GrS 8/70
GmS-OGB 2/71 0July 6, 1972 When calculating the one-month display period of Section 2 (6) sentence 1 BBauG , the first day of the display must be counted. BGH III ZR 115/70
GmS-OGB 3/70 u. a. Oct 19, 1971 It is not within the discretion of the authority to consider the use of an insurance general agent with mixed activities for trade tax with the income generated from administrative activities for the years prior to 1962 as unreasonable within the meaning of Section 131 (1) sentence 1 AO . BVerwG
GmS-OGB 1/70 15th Mar 1971 Section 9 (1) sentence 2 of the Law on Telecommunications Systems (FAG) of January 14, 1928 (RGBl. I 8) opens legal recourse to the ordinary courts with regard to the reason and the amount of the fees even after Section 40 VwGO has come into force. BGH

literature

  • Martin Schulte: Unit of jurisdiction as a constitutional mandate: illustrated using the example of the joint senate of the highest federal courts . Duncker and Humblot, Berlin 1986, ISBN 3-428-06069-5 .
  • No. 18/1970 of April 27, 1970, page 81: Ober, Oberst . In: Der Spiegel . No. 18 , 1970, pp. 81 ( Online - Apr. 27, 1970 ).

Web links