Ready for approval

Eligibility for a verdict is a stage in legal proceedings in which no further clarification of the facts is required for a decision and the court can therefore make a final decision.

Germany

Administrative process

For proceedings before the administrative court , the maturity for a decision is mentioned in Section 113 (5) sentence 1 VwGO and is present if the factual and legal prerequisites for a court decision on the claim are given.

If an authority fails to issue a favorable administrative act or if it rejects it (e.g. approval or crediting), this can - as a rule after conducting preliminary proceedings ( Section 68 (2) VwGO) - with an action for obligations ( Section 42 ( 2) VwGO) . 1 VwGO) are attacked. Did the applicant is entitled to adoption of this administrative act, as the Court finds that the failure or refusal was unlawful by the Authority and the applicant on his hurt right. The court also obliges the authorities to issue the coveted administrative act (e.g. approval).

It is therefore always ready for a verdict if the plaintiff is entitled to remission of the coveted administrative act as a result of the factual requirements, i.e. if the authority is obliged to comply with the applicant's request. This is the case when the law provides for a binding decision (when the law prescribes the legal consequence, e.g. the granting of a building permit ) or when the authority's discretion is reduced to zero. The court then issues a judgment of execution .

According to Section 86 (1) VwGO, the court is fundamentally obliged, within the scope of its official investigation duty, to independently prepare the rulings, taking into account any preliminary official decisions or commitments (so-called decision based on the file situation ) and to make a final decision on the adoption of the coveted administrative act.

If the authority continues to have a margin of discretion or assessment, a decision is issued in the absence of a ruling . The authority is then obliged to decide on the matter based on the opinion of the court, i.e. to notify the applicant again or for the first time at all, if the administrative act has not been carried out by then.

Civil litigation

If only one of several claims asserted in a lawsuit ( accumulation of lawsuits ) is only one or only part of a claim or, in the case of a counterclaim, only the lawsuit or counterclaims are ready to be adjudicated, the court can issue a corresponding partial judgment ( Section 301 ZPO).

If the defendant has asserted the offsetting of a counterclaim, if only the negotiation on the claim is ready for a decision, this can be made subject to the decision on the offsetting ( Section 302 ZPO).

In default proceedings , the court can decide according to the location of the files if the facts appear sufficiently clarified for such a decision ( Section 331a ZPO).

Criminal trial

A regulation corresponding to Section 113 (5) sentence 1 VwGO contains Section 115 (4 ) StVollzG for judicial decisions by the Penal Enforcement Chamber on the rejection or omission of a measure in the penal system.

According to § 489 StPO , personal data are to be deleted in files if their storage is inadmissible or if individual case processing shows that knowledge of the data is no longer required. Without individual case processing by the public prosecutor to check the necessity of further data storage, a court decision on the deletion is not ready for judgment.

Austria

In civil proceedings, the Chairman shall declare the hearing closed, if the Senate the dispute or secreted to-do application on which the hearing is held, as fully discussed and on the basis of the recorded evidence to give final judgment ( ripe ) considered (§ 193 ZPO ).

According to the version of the Code of Criminal Procedure valid until December 31, 1974, according to Section 57, the parts of a joint procedure that are not yet ready for a decision or the proceedings that have already become ready for a decision are eliminated. The separation of proceedings has been regulated in Section 27 StPO since January 1, 1975 .

Switzerland

In the ordinary procedure, the court will make a final decision if the response is missed and after an unused (grace) period, provided the matter is ready for a decision (Art. 223 ZPO ).

In the adhesion proceedings, the criminal court must decide on the pending civil action when the matter is ready for judgment (decision obligation). Otherwise, it refers the civil action to civil action (Art. 126 StPO ).

literature

Jacobi: Reason for decision and subject of dispute in the administrative process . 2001
Friedhelm Hufen : Administrative procedural law . Section 26, No. 19th