Cost approach

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A cost approach is in Germany a Justizverwaltungsakt with which the legal costs and expenses of legal proceedings be asserted. It includes the determination of the costs incurred according to reason and amount as well as the determination of the cost debtor.

In the area of ​​application of the Court Fees Act, the public prosecutor's office is responsible for the cost approach in criminal and fine matters according to Section 19 (2) GKG , in judicial proceedings the court of first instance (Section 19 (1) No. 1 GKG) and otherwise the court of appeal (Section 19 (1) GKG) . 1 No. 2 GKG). The cost approach is based on the law on court costs in family matters according to § 18 FamGKG and in matters of voluntary jurisdiction according to § 18 GNotKG .

For timely, correct and complete approach of the cost is cost officials responsible. The cost approach consists in the preparation of the cost accounting, which has the calculation of court costs and judicial administration costs as well as the determination of the cost debtors. This includes all fees , expenses and advances to be collected for the work of the court and the administration of justice . A reminder is regularly given against the cost estimate .

The statutory regulations on the cost approach are supplemented by the cost disposition (KostVfG), an administrative regulation of the Federal Ministry of Justice and corresponding state regulations.

Individual evidence

  1. Petzold in Binz / Dorndörfer, GKG / FamGKG / JVEG, 2nd edition, § 19, marginal no. 2; Hartmann, Kostengesetze, 42nd edition, GKG § 19 marginal no. 1; OLG Cologne JurBüro 2013, 433
  2. cf. BVerfG, decision of January 28, 1970 - 2 BvR 319/62, NJW 1970, 853
  3. cf. OLG Celle, decision of March 21, 2014 - 1 Ws 100/14
  4. Announcement of the new version of the cost decree of March 6, 2014, BAnz AT April 7, 2014 B1
  5. z. B. for the division of the Bavarian State Ministry of Justice: New version of the cost ruling (KostVfg) and the supplementary provisions to the KostVfg (ErgKostVfg) announcement of the Bavarian State Ministry of Justice of March 26, 2014, Az.B2 - 5607 - VI - 3562/10