Basic judgment

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The basic judgment is regulated in § 304 ZPO . In terms of nature, it is an intermediate judgment . In the case of a basic judgment, a decision is made on the reason for the asserted claim ( Section 304 ZPO, Section 111 VwGO , Section 130 SGG , Section 99 FGO ). In the event of a payment claim, it decides whether there is any claim to payment. The amount of the claim is only decided in a subsequent amount procedure. With regard to the appeal , the basic judgment - in contrast to other interim judgments - is to be regarded as the final judgment . So it is a special interim judgment.

It should be noted that a basic judgment should only be issued if a real simplification and acceleration of the procedure can be expected from the preliminary ruling.