Cartel panel of the Federal Court of Justice

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The Cartel Senate at the Federal Court of Justice is a panel of the Federal Court of Justice and one of the so-called other senates .

occupation

The Senate is - like the XIII. Civil Senate , with which it is (largely) linked - currently made up as follows:

Jurisdiction

The Cartel Senate mainly decides on appeals against decisions of the Higher Regional Courts in the area of cartel law . The legal basis for its establishment is Section 94 GWB . Further responsibilities of the Cartel Senate result from Section 107 EnWG and Section 35 (5) sentence 2 KSpG . Furthermore, civil legal disputes are assigned to the Cartel Senate, which result from Section 33 KSpG and the statutory ordinances issued on the basis of this provision.

According to Section 94 (2) GWB , the Cartel Senate is basically a civil senate within the meaning of Section 132 GVG , unless it decides on matters relating to fines. In this case it is considered a criminal senate. This assignment is necessary so that, in the event of a deviation from the jurisdiction of another Senate by the Cartel Senate, it is necessary to decide whether to appeal to the Grand Criminal Senate, the Grand Civil Senate or the United Grand Senates .

history

The Cartel Senate was created when the Act against Restraints of Competition came into force in 1958. Since then, the presidents of the Federal Supreme Court have taken over the chairmanship. This tradition is with the creation of the XIII. Civil Senate ended on September 1, 2019, when the President Bettina Limperg announced that she would resign from her duties as chairwoman of the Antitrust Senate at the end of August 31, 2019.

The Presidium has always appointed judges as assessors who work in senates whose area of ​​activity has an objective connection (I. Civil Senate: Unfair Competition and Trademark Law, II. Civil Senate: Company Law, IX. Civil Senate: Sales Law, X. Civil Senate: Patent - and licensing law, and from a criminal senate with regard to cartel fines).

Web links

Individual evidence

  1. ↑ XIII. Civil senate set up at the Federal Court of Justice. In: Press Release No. 113/19. Federal Court of Justice, September 2, 2019, accessed on September 2, 2019 .
  2. ↑ Cartel Senate. Federal Court of Justice, accessed on September 3, 2019 .
  3. ↑ a b c d e f Presidium resolution on the division of responsibilities. Federal Court of Justice, August 29, 2019, accessed on August 31, 2019 .
  4. ↑ a b c Three new judges and one new judge at the Federal Court of Justice. In: Press Release No. 114/19. Federal Court of Justice, September 2, 2019, accessed on September 2, 2019 .
  5. ↑ Business allocation plan 2019 - Other Senates 2019. Federal Court of Justice, accessed on September 1, 2019 .
  6. ^ Joachim Bornkamm , Jan Tolkmitt: Antitrust law . Ed .: Langen / Bunte. 13th edition. Luchterhand, Cologne 2018, ISBN 978-3-472-08963-6 , § 94 GWB, Rn. 2 .
  7. ^ Walter Odersky : From the antitrust case law of the Federal Court of Justice . In: GRUR . 1994, p. 756 .