Compliance
With Grant (an application, an action) the equivalent of an application or of a request by an authority or a court is called in everyday language. The term is also used in laws (e.g. in § 75 VwGO , § 490 or § 494 ZPO ), but does not go beyond the everyday meaning.
The court scenes shown in theatrical performances and films (e.g. in the Royal Bavarian District Court ), in which a court proclaims in the mock hearing, "The lawsuit will be granted" , corresponds to a dramaturgical need, the events for the viewer striking and at the same time easy to understand. In real court life, however, such a procedure is unusual.
When a court wants to comply with a lawsuit, it tenorses the claim as formulated in the motion for a claim. In the case of payment lawsuits, it usually says “The plaintiff has to pay the defendant ...”. If only part of the complaint is granted , the addition “Otherwise, the complaint will be dismissed.” This procedure is imperative because in the case of enforcement the bailiff or enforcement officers need to know which enforcement measure will satisfy the creditor.
In civil law, the basis of the enforcement act is the enforceable copy of the court decision ( Section 724 (1) ZPO). Only the bailiff must be able to infer from this what he has to do in each individual case. He would be prevented from doing so with a mere verdict “The lawsuit will be allowed” because he would then first have to look through the entire court file with the application and any subsequent amendments to the lawsuit and - even if he did - an inquiry with the court would be necessary if the application is unclear . However, the enforcement procedure is not intended to clarify the scope of the claim .
In administrative and administrative court proceedings, too, the granted entitlement must always be formulated in a notification or judgment (e.g. "You will be granted child benefit monthly from ... ... EUR" or "The notification of ... from ... will be revoked." ).
In the case of a dismissal of a lawsuit or an application, however, the tenor “The action is dismissed” , “The application is refused / rejected” and the like is sufficient , because an enforcement from this is conceptually out of the question. Operative part 2 of the decision is then once again formulated “The costs of the proceedings must be borne by the plaintiff” , because the decision on costs can certainly be subject to foreclosure.
