Legal complaint
The legal complaint is a legal remedy that is subject to different requirements depending on the jurisdiction . The aim of the legal complaint is always a decision (with the exception of administrative offense law, no judgment ) by a court . Its purpose is to bring about a supreme court decision on a disputed legal question and to ensure uniform jurisdiction.
The legal complaint is admissible in the ordinary jurisdiction (including patent and antitrust administrative matters, for the latter exceptionally also in the social jurisdiction ), in the labor court decision- making process (and corresponding administrative court personnel and judge representation matters) as well as in military service court cases .
Grounds of appeal
Like the appeal , the appeal on a point of law is limited to the legal issue , excluding the factual act ( Section 79 (3) OWiG in conjunction with Section 337 StPO ; Section 116 (2) StVollzG ; Section 576 ZPO ; Section 72 FamFG ; Section 101 para 2 PatG ; Section 76 (2) GWB ; Section 88 (2) EnWG ; Section 93 ArbGG ).
Administrative offense law
In the area of criminal courts, the legal complaint is only permissible in judicial proceedings for administrative offenses . It is the only legal remedy against judgments and decisions in administrative fines . The amount of the fine must exceed the amount of EUR 250 or, in accordance with Section 79 (1) OWiG , an incidental consequence or similar must have been ordered. In addition, the legal complaint can be admitted in the regulatory offense law if the further training of the law is guaranteed or the right to be heard has been violated.
The appeal on points of law against judgments and decisions of the local court takes place before the fine senate of the higher regional court , the appeal against the higher regional court decisions in antitrust and energy industry law fines before the Federal Court of Justice ( § 84 GWB , § 99 EnWG ).
The legal complaint was introduced in the Commercial Criminal Law in 1949 and incorporated into the Code of Administrative Offenses in 1952.
Prison Law
In the penal system , a legal complaint against the decisions of the penal enforcement chamber at the regional court in the area of the respective penal institution is only permissible if the goal of legal training or the uniformity of case law is to be restored. According to § 116 StVollzG, the legal complaint leads to the higher regional court.
Disputed civil jurisdiction
In civil procedure law , a legal complaint according to Section 574 of the German Code of Civil Procedure (ZPO) is only admissible if the legal matter is of fundamental importance or if it serves to further develop the law or to ensure uniform jurisdiction. The appeal on a point of law must have been approved by the court of appeal , the court of appeal or the higher regional court at first instance. The law recognizes a few exceptions to this authorization requirement, the most common case in practice is a legal complaint against a decision of the court of appeal that rejects an appeal as inadmissible, Section 522 (1) ZPO. Conversely, there are also proceedings in which a legal complaint does not take place from the outset, i.e. cannot be admitted; for example when it comes to ordering, changing or lifting an arrest or an injunction .
According to § 133 GVG, the Federal Court of Justice is responsible for the negotiation and decision . The legal complaint must be submitted within one month of the delivery of the decision and must conform to the form of Section 575 ZPO. It may only be submitted and substantiated by a lawyer at the Federal Court of Justice ( Section 78 (1), third sentence, ZPO).
Family matters and voluntary jurisdiction
In family matters and matters of voluntary jurisdiction , §§ 70 ff. FamFG regulates the legal complaint to the Federal Court of Justice based largely on the ZPO. Section 70 (3) FamFG also specifies exceptions in which a legal complaint can be lodged without the approval of the lower court. These are certain basic decisions in the care process as well as decisions that order deprivation of liberty or placement . Against urgent decisions ( interim order or arrest ) there is no legal complaint here either.
In 2009, the legal complaint replaced the further complaint to the higher regional court. In agricultural matters there was an appeal to the Supreme Court for the British Zone as early as 1948 , and to the Federal Court of Justice from 1950 .
Patent and trademark law
An appeal on points of law is lodged with the Federal Court of Justice against the decisions of the Appeals Senate of the Federal Patent Court , in the case of certain procedural deficiencies without authorization requirement, otherwise depending on authorization ( Section 100 PatG ; Section 83 Trademark Act ).
Antitrust matters
Antitrust and energy law administrative matters will be against decisions of the Courts of Appeal , the appeal to the Federal Court held, in certain procedural defects without approval requirement, otherwise admission dependent ( § 74 GWB , § 86 EnWG ). Correspondingly, in matters relating to the voluntary association of health insurance companies, the appeal against a decision of the regional social court goes to the federal social court ( § 74 GWB , § 202 SGG ).
Labor jurisdiction; Personnel and judge representation matters
In the labor court decision- making process, an appeal to the Federal Labor Court against a decision of a regional labor court that ends the procedure is admissible if it is admitted in the decision of the regional labor court or in the decision of the federal labor court on the basis of a non-admission complaint ( Sections 92 et seq. ArbGG ). Correspondingly, in administrative court personnel and judge representation matters, the appeal against a decision of the Higher Administrative Court goes to the Federal Administrative Court ( § 83 BPersVG , § 60 DRiG ).
Military complaints law
In method according to the weir complaint order is against an order of troops service Court the appeal to the Bundesverwaltungsgericht permissible if it is allowed in the decision of the troop service court or to appeal against the non-permission by the Federal Administrative Court ( § 22a WBO ).
Historical
The legal complaint according to the Reich Tax Code of 1919 was replaced by the revision in the Tax Court Code of 1965.
Individual evidence
- ↑ Economic Criminal Law of July 26, 1949 ( WiGBl. P. 193 ), §§ 83, 87
- ↑ Law on Administrative Offenses of March 25, 1952 ( Federal Law Gazette I p. 177 ), Sections 56, 60 and BT-Drs. 1/2100 , p. 24
- ↑ BT-Drs. 16/6308 (FamFG), p. 167
- ↑ Ordinance on Legal Complaints in Agricultural Matters (LVR) of October 15, 1948 ( VOBl.BrZ p. 313 )
- ↑ Law for the restoration of legal unity in the field of the court constitution, civil administration of justice, criminal proceedings and law on costs of September 12, 1950 ( Federal Law Gazette p. 455 ), Art. 8 II No. 110 and BT-Drs. 1/530 , justification p. 84; Law on judicial proceedings in agricultural matters of July 21, 1953 ( Federal Law Gazette I p. 667 ), § 24 and BT-Drs. 1/3819 , pp. 16, 30 ff.
- ↑ BT-Drs. 4/1446 (FGO), p. 45
