Non-admission complaint
The non-admission complaint is a legal remedy under German law against the non-admission of the appeal (not to be confused with the legal complaint ).
The non-admission complaint is addressed to the next higher court if the court of origin has not admitted the appeal. This decides by resolution . If a non-admission complaint is granted, the procedure is automatically continued as an appeal procedure, otherwise the contested judgment becomes final. Until the decision on the non-admission complaint, however, the legal force of the lower court decision is suspended.
The revision is to be permitted if a legal matter is of fundamental importance , the further development of the law or the safeguarding of uniform jurisprudence requires it or a procedural deficiency is asserted on which the decision can be based. Examples: ear injury ( Art. 103 para. 1 GG (), infringement of the constitutional requirement of lawful judge 101 Art. Para 1 sentence 2 GG.).
In civil jurisdiction , the non-admission complaint is regulated in Section 544 of the ZPO in Section 544 of Book 3 of the ZPO . It is only permitted if the value of the complaint in the main exceeds 20,000 euros. Since January 1, 2020, this regulation has been in Section 544 (2) ZPO, previously this was regulated in the EGZPO.
For administrative court proceedings, the non-admission complaint is regulated in Section 133 VwGO , for labor court proceedings in Section 72a ArbGG , for social court proceedings in Section 160a SGG , for tax court proceedings in Section 116 FGO and for antitrust proceedings in Section 75 GWB .
literature
- Thomas Winter, The Non-Admission Complaint - A Sham Appeal, NJW 2016, 922 - 925
- Wendt Nassall: Non- admission complaint and revision . CH Beck, 2018, ISBN 978-3-406-70782-7 .
