Dispute resolution
The complaint for the amount in dispute (according to the Court Fees Act , GKG) or procedural value complaint (according to the Law on Court Fees in Family Matters , FamGKG) as a subset of the complaint is, according to German procedural law, the legal remedy against the determination of the value in dispute of a legal dispute or the procedural value of a procedure. The value in dispute is determined in accordance with Section 63 (1) of the GKG. It is issued by resolution in accordance with Section 63 (2) GKG . The process value is determined in accordance with Section 55 (1) FamGKG.
The admissible dispute value complaint or procedural value complaint is free of court fees. Extrajudicial costs are not reimbursed.
The possibility of complaining against the determination of the procedural value must be made in family matters from January 1, 2014 according to § 8a FamGKG are instructed . This includes information on the form, deadline and information on the seat of the court where the complaint is to be filed.
Right of appeal of a party to the proceedings
The party to a legal dispute or a party involved in the proceedings under the FamFG usually files the complaint either with the aim of achieving a lower value in dispute in order to reduce court costs and attorney's fees or to achieve a higher value in the event of victory. The latter can reduce the financial burden of the victorious due to the procedure if his lawyer does not use the law on the remuneration of lawyers , but z. B. has billed by the hour. In the event of a higher value in dispute, the opposing party has to reimburse higher legal fees and thus covers a larger part of the hourly fee.
Authorized representative's right of appeal
The lawyer has his own right of appeal in accordance with Section 32 (2) of the Lawyers' Remuneration Act. As a rule, he pursues the goal of achieving a higher value in dispute in order to be able to claim higher remuneration from his clients.
admissibility
The complaint is admissible according to the provisions of § 68 GKG or § 59 FamGKG if the value of the complaint exceeds 200 euros or if the complaint has been expressly approved by the court. For the value of the subject of the complaint, it is not the difference between the fixed amount in dispute and the amount in dispute stated by the complainant that is decisive, but rather the complainant's interest in costs. That means: It depends on the amount by which it would be cheaper in terms of costs if the value in dispute was determined differently than if the value in dispute was determined. The regulation of § 68 GKG also applies to the other branches of the court in which there are costs and fees dependent on the value of the dispute, in particular for administrative, social and labor jurisdiction. In the procedure under the FamFG, § 59 FamGKG comes into play. A disputed value complaint is also permissible if the amount in dispute has been agreed beforehand.
The complaint must be made within six months from the formal legal force of the decision. This deadline will be modified if the value in dispute is determined one month before the deadline expires. In such a case, the complaint must be submitted within one month of delivery (and after notification, i.e. informal notification, with effect from three days after posting). Failure to meet the deadline through no fault of your own can be cured by reinstatement in the previous state .
Court in charge
The complaint is to be attached to the court that issued the contested order ( output court , §§ 68, para. 1 p 5, 66, para. 5 S. 5 GKG). If this does not remedy the complaint, it submits the matter to the appeal court for decision.
The appellate court is in ordinary civil disputes before the district court, the district court in proceedings before the district court, the Court of Appeal . The complaint against the determination of the value in dispute in the appeal proceedings before the regional court can be examined by the respective higher regional court. The court of appeal in proceedings under the FamGKG is the higher regional court.
Individual evidence
- ↑ Section 68 (3) sentence 1 GKG or Section 59 (3) sentence 1 FamGKG
- ↑ Section 68 (3) sentence 2 GKG or Section 59 (3) sentence 2 FamGKG
- ↑ Art. 10 of the law on the introduction of legal remedies in civil proceedings and on the amendment of other regulations of December 5, 2012 ( Federal Law Gazette I p. 2418 )
- ↑ OLG Karlsruhe, decision of January 10, 2005, Az. 15 W 29/04.
- ↑ OLG Celle, decision of May 13, 2005, Az. 16 W 46/05.
- ↑ Section 57 (3) FamGKG
