Ne ultra petita
The principle ne ultra petita ( lat. Not beyond what is required ) (actually ne eat iudex ultra petita partium ( lat. The judge never goes beyond the request of the parties )) states that a court may not award more than what was requested . In accordance with the disposition maxim , the court is bound by the applications of the parties who are considered to be “masters of the proceedings”.
This application principle is regulated by law in German civil procedure law in Section 308 (1) ZPO and in the administrative process in Section 88 VwGO .
In administrative law, this principle is used as an argument against the admissibility of the Reformatio in peius .
In criminal law , the principle does not apply: The court may impose a higher penalty than the prosecutor requested but may also be the accused acquitted when this or his counsel requested a punishment.
