Rhine Shipping Court
The Rhine Shipping Court is a court of ordinary jurisdiction in Germany , France , the Netherlands and Switzerland . The Rhine shipping courts replaced the Rhine customs courts .
Jurisdiction
In the revised Rhine Navigation Act of October 17, 1868 ( Mannheim Act ), the signatory states committed themselves to set up Rhine navigation courts. They are responsible for disputes on and on the Rhine , from Basel to the mouth including the Waal and Lek . In particular, fall within their jurisdiction
- criminal investigation and punishment of all violations of the shipping and electricity police regulations;
-
civil law to decide on lawsuits
- because of the pilot, crane, weighing, port and screed fees,
- because of obstructions to the towpaths made by private individuals ,
- because of the damage caused by skippers and raftsmen during their voyage or when landing,
- because of the damage to property that the draft horses caused when the ships pulled up.
Each Rhine shipping court is responsible for a specific section of the Rhine. In criminal matters, the court in whose district the criminal act was committed is responsible. In civil matters, the court in whose district the payment had to take place or the damage was caused must be called.
Legal move
In the first instance, the competent Rhine shipping court hears. The appeal can be lodged with the competent Supreme Court for Navigation on the Rhine or, alternatively, with the Appeals Chamber of the Central Commission for Navigation on the Rhine (CCNR) in Strasbourg .
Procedure
The proceedings at the Rhine shipping courts should be as simple and accelerated as possible. Because of their nationality, foreigners are not allowed to charge any process deposits. If a skipper or raftsman has paid the bail fixed by the judge for the subject of the investigation, then he must not be prevented from continuing his journey.
dishes
The Rhine navigation and Rhine navigation higher courts are usually attached to the ordinary courts because of the comparatively low number of cases. In Germany, they are located at local courts and higher regional courts . A judgment database is kept at the Institute for Inland Shipping Law at the University of Mannheim .
| country | Rhine Shipping Court | Upper Rhine Shipping Court |
|---|---|---|
| Germany | District Court of Kehl | Higher Regional Court of Karlsruhe |
| Mannheim District Court | ||
| Mainz District Court | ||
| District court Sankt Goar | Higher Regional Court of Cologne | |
| District court Duisburg-Ruhrort | ||
| France | Tribunal d'instance de Strasbourg | Cour d'appel de Colmar |
| Netherlands | Arnhem Law Bank | Gerechtshof, Arnhem |
| Utrecht Law Bank | Gerechtshof Amsterdam | |
| Law bank Dordrecht | Gerechtshof 's-Gravenhage ( The Hague ) | |
| Law Bank of Rotterdam | ||
| Switzerland | Basel-Stadt criminal court | Appellate Court of Basel-Stadt |
| Civil court Basel-Stadt | ||
Historically, these were in the realm of Alsace-Lorraine from 1871 to 1918: Local courts Ensisheim, Markolsheim, Neu-Breisach, Hüningen, Mulhouse, Sierenz, Benfeld, Bischweiler, Brumath, Illkirch, Lauterburg and Strasbourg.
Web links
- Mannheim files (PDF; 112 kB)
- Rhine Shipping Police Ordinance (RheinSchPV)
- Central Commission for the Navigation of the Rhine
- List of Rhine shipping courts with addresses and connection details (PDF)
Individual evidence
- ↑ The basics, tasks, composition and procedures of the Appeals Chamber of the CCNR can be viewed in their basic features on the CCNR website under "Appeals Chamber".
- ↑ Institute for Inland Shipping Law with judgment database ( Memento of the original from March 27, 2018 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Carl Pfaffenroth: Yearbook of the German court system . 1880, pp. 416-418, Textarchiv - Internet Archive
