List of deadlines in German law
German law knows deadlines in different areas of law and of greatly varying lengths:
1 day period
- Shortened summons (24 hours) in accelerated criminal proceedings , Section 418 (2) StPO
2-day period
- Maximum time limit for judicial decision on deprivation of liberty , Article 104, Paragraph 2 of the Basic Law
3-day period
- Waiting period for submitting the certificate of incapacity for work (calendar days), Section 5 Continued Payment Act
- Opinion works council or staff council in the event of extraordinary dismissal ( working days , § 102 BetrVG , § 79 BPersVG and comparable state regulations, e.g. § 74 LPVG NRW)
- Delivery of counter-declarations before oral Negotiation in civil proceedings , Section 132 (2) ZPO
- Notice of summons in civil proceedings if no lawyer has been appointed, Section 217 ZPO
Week period
- Deadline between summons and main hearing in criminal law ( § 217 StPO )
- Legal remedies in criminal law ( appeal , § 314 StPO, revision , § 341 StPO)
- Immediate complaint in criminal proceedings, Section 311 (2) StPO
- Appeal to the court in the event of delayed appeal, Section 319 (2) of the Code of Criminal Procedure
- Notice of hearing in criminal law , Section 356a StPO
- Deadline for reinstatement in the previous status in criminal proceedings ( § 45 StPO)
- Notice of summons in civil proceedings when appointing a lawyer, § 217 ZPO
- Delivery of written pleadings prior to an oral hearing in civil proceedings, Section 132 (1) ZPO
- Legal action against decisions by the Federal Office for Migration and Refugees regarding the rejection of an asylum application as inadmissible or obviously unfounded ( Section 74 (1), second sentence in conjunction with Section 34a (2), sentences 1 and 3 or Section 36 (3) sentence 1 and 10 AsylG )
- Response period for the works council in the case of individual personnel measures ( Section 99 BetrVG ) and ordinary dismissal ( Section 102 BetrVG)
- Blocking period for unemployment benefits in the event of failure to register or late registration of jobseekers, Section 159 (6) SGB III
2 week period
- Right of withdrawal for distance contracts , door-to-door sales ( § 355 BGB ) and home contracts ( § 11 WBVG )
- Urgent legal remedies ( objection to a penalty order , § 410 StPO or administrative fine , § 67 OWiG , immediate complaint in civil proceedings , § 569 ZPO and in the case of interim orders in the FamFG ( § 63 para. 2 FamFG))
- Objection to a default judgment in civil proceedings (Section 339 (1) ZPO)
- Legal action against decisions according to the Asylum Act on the rejection of asylum applications ( Section 74, Paragraph 1, Clause 1 AsylG), if the more specific weekly period does not apply (see there)
- Usual deadline for reinstatement in the previous status ( § 32 VwVfG , § 27 SGB X , § 18 FamFG, § 60 VwGO ) - after the obstacle has disappeared. Attention: Different deadlines in criminal proceedings, tax proceedings and the social court
- Extraordinary (immediate) termination of the employment contract for good cause ( Section 626 (2) BGB)
- Notice period for employment contracts during the probationary period , § 622 BGB
- Extraordinary termination of living space (half-month period, Section 573d (2) BGB)
- Response in staff representation law (partly 10 working days, § 69 BPersVG , according to state law partly 2 weeks, e.g. § 66 LPVG NRW)
- Blocking period in the event of insufficient personal efforts with ALG I, § 159 Paragraph 5 SGB III
- Temporary approval of compulsory medical measure , Section 333 (2) FamFG
- Clarification of responsibility for applications for participation benefits for disabled people (Section 14 (1) SGB IX)
3 week period
- Dismissal protection suit for employment contracts ( § 4 KSchG )
- Action for a fixed-term employment contract (§ 17 TzBfG )
- Decision on applications for participation benefits for disabled people (Section 14 (2) SGB IX)
4 week period
- statutory notice period for employment contracts of less than 2 years of employment ( § 622 BGB )
- Appointments for specialist treatment by the appointment service point of the Association of Statutory Health Insurance Physicians (Section 75 (1a) SGB V)
Monthly deadline
- Usual deadline for objections to official decisions ( § 70 VwGO , § 70 SGG )
- Objection deadline for tax assessment ( § 355 AO )
- Usual deadline for filing lawsuits against authorities ( § 74 VwGO , § 87 SGG, § 47 FGO ) and legal remedies ( appeal , § 517 ZPO ; revision , § 548 ZPO; complaint § 63 FamFG )
- Emergency period in the event of an action for annulment ( § 586 ZPO)
- Deadline for reinstatement in the previous status in social court proceedings ( § 67 SGG) and according to the tax code (§ 110 para. 2 AO)
- Notice for residents in nursing home agreements ( § 11 WBVG )
- statutory notice period for employment contracts of 2 to 5 years of employment ( § 622 BGB)
- Objection period for employees in the event of a transfer of business , ( § 613a Paragraph 6 BGB)
- Submission of the advance VAT return in the first 2 financial years ( § 18 UStG )
30 days notice
- Deadline for submitting records to the tax authorities on extraordinary business transactions (Section 90 (3) sentence 9 AO)
5 week period
- Deadline for drafting a written criminal judgment ( Section 275 StPO )
6 week period
- Deadline for submission and contestation of the acceptance of inheritance ( §§ 1944, 1954 BGB )
- Maximum duration of continued pay in the event of illness ( Continued Pay Act )
- Maternity protection law prohibition of employment prior to childbirth ( Section 3 (1) MuSchG )
- Regular reporting deadline from employers to the health insurance company according to the data collection and transmission regulation
- Temporary approval of custodial placement , Section 333 (1) FamFG
- Extension of compulsory medical measure (interim order), Section 333 (2) FamFG
8 week period
2 month period
- statutory notice period for employment contracts of 5 to 8 years of employment ( § 622 BGB )
- Retroactive exemption from broadcasting fees (Section 4 (4 ) of the State Treaty on Broadcasting Fees )
- Appeal and appeal reasons in civil proceedings, Section 520 (2) ZPO and 551 (2) ZPO
60 day period
- Deadline for submitting records to the tax authority (Section 90 Paragraph 3 Clause 8 AO)
12 week period
- Employment prohibition under maternity protection law (after delivery in the case of multiple births), Section 3 (2) MuSchG
- Regular blocking period for unemployment benefit I , § 159 SGB III
- Period regulation regarding the impunity of the termination of pregnancy according to Section 218a (1) of the Criminal Code
3 month period
- Usual notice period for residential rental agreements (for the tenant), § 573c BGB
- Extraordinary right to terminate the rent in the event of a rent increase , § 561 BGB and in the event of the death of the tenant, §§ 563 ff BGB
- Increase in the rental fee after notification of the landlord, § 559b BGB
- statutory notice period for employment contracts of 8 to 10 years of employment ( § 622 BGB)
- Application deadline for reduced working hours (Section 8 (2 ) TzBfG )
- Registration as unemployed before the end of the employment relationship , § 141 SGB III
- Admission period for medicinal products , Section 17 (1) AMG
- Extension of temporary injunction for custodial detention, Section 333 (1) FamFG
- Right to join voluntary health insurance , § 9 SGB V
- Decision period for health insurance for benefits applications ( Section 13 (3a) SGB V), in certain cases 5 or 6 months
- Deadline for action for failure to act against authorities ( § 75 VwGO )
- Deadline for the retroactive application for a pension ( § 99 SGB VI )
- Submission of the advance VAT return ( § 18 UStG )
4 month period
- statutory notice period for employment contracts of 10 to 12 years of employment ( § 622 BGB )
5 month period
- statutory notice period for employment contracts of between 12 and 15 years of employment ( Section 622 BGB )
Half-yearly period
- In principle, maximum duration for pre- trial detention , Section 122 StPO
- Expiry of a period according succession and to overcome the lack of capacity ( § 210 BGB )
- End of the reversal of the burden of proof in the case of material defects ( § 476 BGB)
- Compensation claims of the landlord due to change or deterioration of the rental property (after the end of the rental contract, § 548 BGB)
- Notice period for landlords for rental contracts over 5 years, § 573c BGB
- Maximum duration of a probationary period in labor law ( § 622 BGB)
- statutory notice period for employment contracts of 15 to 20 years of employment ( § 622 BGB)
- Succession in the event of death of the testator or residence of the heir abroad ( § 1944 BGB)
- Statute of limitations for prosecution for administrative offenses , no longer period (see below) applies ( Section 31 (2 ) OWiG )
- Limitation period in the collective bargaining law of the public service , § 37 TVöD
- Appointment of a provisional legal supervisor , § 302 FamFG
- Deadline for action against social service providers ( § 88 SGG )
7 month period
- statutory notice period for employment contracts of more than 20 years of employment ( § 622 BGB )
- Deadline for submitting income tax returns to the tax office (after the end of the tax year)
9 month period
Annual deadline
- Preservation of vested rights for employees after the transfer of business ( § 613a Paragraph 1 BGB)
- Reclamation of property after the exercise of prohibited self-power ( § 864 BGB )
- Claims from commercial transport contracts according to § 439 HGB
- End of the period of appeal for administrative acts in the event of omitted or incorrect instructions on legal remedies ( Section 58 Paragraph 2 VwGO , Section 66 Paragraph 2 SGG )
- Statute of limitations for prosecution in the case of administrative offenses that are threatened with a maximum fine of more than 1,000 to 2,500 euros ( Section 31 (2) No. 3 OWiG )
- Statute of limitations for import and export duties (Art. 221 para. 3 Customs Code 1992)
- Qualifying period for unemployment benefit I , Section 142 (1) SGB III
- Extension of the appointment of a provisional legal supervisor, Section 302 FamFG
- Period of approval for numerous social benefits, e.g. B. ALG 2 ( Section 41 Paragraph 3 Sentence 1 SGB II ), basic security according to SGB XII ( Section 44 Paragraph 3 Sentence 1 SGB XII), housing benefit ( Section 25 Paragraph 1 Sentence 1 WoGG ), training grants ( Section 50 Par. 3), BAföG , vocational training allowance ( Section 69, Paragraph 1, Sentence 2, Alt. 2 SGB III ).
- Exclusion of the reinstatement in the previous status since the end of the missed deadline ( Section 110 (3 ) AO , Section 32 (3) VwVfG , Section 27 (3) SGB X )
78 week period
- Maximum duration of sick pay (Section 48 (1) SGB V)
2 year period
- Claims for defects when purchasing movable items ( warranty , § 438 BGB )
- Claims for defects in work services that are aimed at the manufacture, maintenance or modification (e.g. repair) of an item ( Section 634a Paragraph 1 No. 1 BGB)
- Claims of the traveler in the travel contract ( § 651g Paragraph 2 BGB).
- Contestation of paternity ( Section 1600b Paragraph 1 and 3 BGB)
- Maximum duration of fixed-term employment contracts (Section 14 (2) TzBfG - 5 years for older employees over 52 years)
- Statute of limitations for prosecution in the case of administrative offenses that are threatened with a maximum fine of more than 2,500 to 15,000 euros ( Section 31 (2 ) OWiG )
- Timing for disciplinary measures in civil service law (reference), § 15 BDG
3 year period
- Regular limitation period in civil law ( §§ 195, 199 BGB ), also applies to compulsory portion and legacies
- Claims for defects in contracts for work and services (unless the 2- or 5-year period does not apply), ( Section 634a Paragraph 1 No. 3 BGB)
- Claims for defects in the event of damage to the transported goods or damage caused by delay in transport contract law ( Section 439 HGB )
- Statute of limitations for criminal offenses for which no longer period (see below) applies ( Section 78 StGB )
- Statute of limitations for prosecution in the case of administrative offenses that are threatened with a maximum fine of more than 15,000 euros ( Section 31 (2 ) OWiG )
- Start-up inhibition tax return ( § 170 Tax Code )
- Time lapse for disciplinary measures in civil service law (reduction of salaries), § 15 BDG
- Limitation of violations after Kunsturhebergesetz , § 48 KunstUrhG
4 year period
- Entitlements to social benefits (subsequent granting) ( Section 44 (4 ) SGB X )
- Payment entitlements to social security contributions ( Section 25 SGB IV )
5 year period
- Claims for defects when purchasing a building ( § 438 BGB )
- Claims for defects in a work contract for a building ( Section 634a Paragraph 1 No. 2 BGB)
- Statute of limitations on prosecution for criminal offenses with a maximum of imprisonment of more than one year to five years ( § 78 StGB )
- Prosecution of tax offenses ( §§ 378 to 380 AO )
- Limitation of service offenses in the case of notaries ( § 95a BNotO )
- Assessment period in the event of negligent tax reduction ( Section 169 (2) sentence 2 AO)
- Payment limitation in tax law ( § 228 AO)
- Absolute expiry of the deadline for actions for annulment ( § 586 ZPO )
6-year period
- Maximum duration of advance maintenance payments (72 months), Section 3 UVG - no longer applicable from July 1, 2017
7 year period
- Time lapse for disciplinary measure in civil service law (downgrading), § 15 BDG
- Longest review period for the appointment of a legal supervisor or a reservation of consent, Section 295 (2) FamFG
10 year period
- Claims for transfer of ownership of a property ( Section 196 BGB )
- End of claim for damages ( Section 199 (3) BGB)
- Acquisition of movable property ( § 937 BGB)
- End of the protection period for the right to one's own picture (after death), Section 22 Art Copyright Act
- Statute of limitations for prosecution for crimes that are threatened with a maximum of imprisonment of more than five years to ten years ( § 78 StGB )
- Assessment deadline for tax evasion ( Section 169 (2) sentence 2 AO )
20 year period
- Statute of limitations for criminal offenses that are threatened with imprisonment of more than ten years ( § 78 StGB )
30 year period
- Acquisition of property in real estate by sitting ( § 900 BGB )
- Claims for damages based on willful injury to life, body, health, freedom or sexual self-determination, claims for surrender of property as well as legally established claims ( Section 197 BGB)
- Claims from incontestable administrative acts ( Section 53 Paragraph 2 VwVfG ), Section 52 SGB X.
- Entitlements to social security contributions if withheld intentionally ( Section 25 SGB IV )
- Statute of limitations for prosecution for crimes that are threatened with life imprisonment ( Section 78 of the Criminal Code )
70 year period
- End of copyright protection (after the death of the author, § 64 UrhG , after publication in the case of anonymous works, § 66 UrhG)
Reasonable time
In addition to the legal deadlines, there are various legal sources authorizing the setting of official deadlines. In the tax code , the tax authorities are authorized to set appropriate deadlines (e.g. §§ 27 sentence 2, 63 paragraph 4 sentence 1, 123 paragraph 1 sentence 1 AO). The same applies to other authorities (Sections 15, 17, 18, 23 Paragraph 4, VwVfG ) and in the social administration procedure (Section 66 Paragraph 3 SGB I; Sections 14, 19 Paragraph 2 SGB X). Often they serve the citizen's right to be heard under Article 103 of the Basic Law, even beyond the actual judicial process.
There is similar in private law, if the debtor of a claim is to be given a reasonable deadline, e.g. B. according to § 264, § 280, § 308, § 323, § 455, § 910, § 1003, § 2193 or § 2307 BGB as well as in commercial law (§§ 87 para. 3, 95 para. 2, 329 para. 2 , 412 para. 2, 530 para. 4, 539 para. 2 HGB). In practice, there is often a two-week period.