What is the appeals court


Code of Civil Procedure

1. Legal remedies against judgments of the first instance (with the exception of default judgments against which an objection has been given) for the purpose of re-negotiating the legal dispute before the next higher court (§§ 511-541 ZPO). In principle, the entire process material affected by the appeal must be re-examined and assessed. Since the ZPO Reform Act of 27.7. 2001 (Federal Law Gazette I 1887, 3138), however, no longer has to re-examine the entire litigation material affected by the appeal; rather, the facts ascertained in the first instance are to be used as a basis, unless specific indications justify doubts about the completeness and correctness of the decision-relevant finding or Consideration of new facts is permissible (§ 529 I ZPO). The appeal is only admissible if the value of the subject of the complaint exceeds 600 euros or the court of first instance has admitted the appeal in the judgment. The court of first instance allows the appeal if 1. the case is of fundamental importance or a decision of the appellate court is necessary for legal development or to ensure uniform jurisdiction and 2. the party is burdened by the judgment with no more than 600 EUR ( Appeal for approval, Section 511 (4) ZPO).

2. Appeals courtthe district court is responsible for contested district court judgments, with the exception of family and child matters, in which the appeal goes to the higher regional court; for regional court judgments of the first instance the higher regional court.

3. Insertion: The appeal must be lodged with the appellate court within one month after delivery of the complete judgment by submitting an appeal letter signed by a lawyer (Section 517 ZPO) and justified within two months after delivery of the complete judgment (Section 520 ZPO). . It can be extended. If the deadline is missed, it may be reinstated in the previous state. New facts and evidence that were not rightly rejected in the first instance can be submitted by the parties under restrictive conditions. If, contrary to a deadline set in the first instance, they are not submitted, they are only to be admitted if, in the opinion of the court, their admission would not delay the settlement of the legal dispute or if the party excuses the delay sufficiently, which is credible (§§) 530, 531 ZPO). If they were not submitted or communicated in a timely manner in violation of the general duty to promote litigation, they are only to be admitted if the legal dispute would not be delayed or if the party did not fail to submit the first instance due to gross negligence.

4. A request for approval from Legal aid must be provided separately for each legal act (Section 119 ZPO).

5. admissibility : The court of appeal examines ex officio whether the appeal is admissible and whether it is filed and justified in the legal form and deadline. If one of the requirements is missing, the appeal must be rejected as inadmissible. This can be done by decision endure. In addition, the appeal should be made by resolution immediately be dismissed if the appellate court unanimously is convinced that 1. the appeal is obviously unsuccessful, 2. the case is of no fundamental importance, 3. the legal training or the securing of a uniform case law does not require a decision of the appellate court and 4. an oral hearing is not required. The parties are to be advised of the intended rejection beforehand. The appellant has the legal remedy against the rejection decision that a decision would be admissible by judgment (§ 522 ZPO).

6. Is the appeal admissible, decidesthe court in the context of the applications submitted, but can the judgment of the first instance i. Generally not to the detriment of the appellant change; in exceptional cases (e.g. in the case of serious procedural errors) it can refer the legal dispute back to the first instance for renewed hearing, with the judgment being reversed.

7. The costs the appeal, and if successful, that of the entire legal dispute, is borne by the unsuccessful party.

Code of Criminal Procedure

(§§ 312–332 StPO): 1. generally admissible against the judgments of the local courts Legal remedies, which leads to a review in fact and in law. In the case of a conviction to a fine of no more than 15 daily rates or a warning with a penalty of no more than 15 daily rates or a conviction to a fine, the appeal is only permissible if it is accepted (§§ 313 I, 322a StPO ). The same applies to acquittal or discontinuation of the proceedings if the public prosecutor's office did not apply for more than 30 daily rates. The appeal can be limited to individual parts of the verdict (e.g. amount of penalty).

2. Insertion: The appeal must be submitted to the local court in writing or for the minutes of the office within one week. The period begins with the announcement of the judgment, exceptionally only with its formal delivery
(1) for the defendant who was not present when the judgment was pronounced;
(2) for other parties involved in the process who were not present at the announcement of the judgment and who were not represented (e.g. joint plaintiffs)

3. Appeal causes negotiation before the criminal chamber of the regional court and inhibits the entry into force of the judgment. On the sole appeal of the accused, the contested judgment cannot be changed to his disadvantage (prohibition of the so-called reformatio in peius, § 331 I StPO).

Labor jurisdiction

(§§ 64 ff. ArbGG): 1. Legal remedies against judgments of the labor courts to the regional labor court.

2. Allowed: a) Against Judgments of the labor courts according to § 64 ArbGG an appeal to the regional labor court is admissible.

b) In property disputes the appointment is only possible (§ 64 II):
(1) if the value of the subject of the complaint exceeds 600 euros or
(2) if the labor court has admitted the appeal or
(3) in disputes about the existence or termination of employment relationships.
((4) in certain cases against a default judgment

3. Deadline for appeal is one month since the judgment was served and must be justified within two months of the judgment being served.

4. stand-in by lawyers or representatives of trade unions or employers' associations (coalition, professional association) required (Section 11 II ArbGG, labor jurisdiction).

Administrative jurisdiction

(Sections 124–130b VwGO): 1. Legal remedies against judgments of the administrative courts to the Higher Administrative Court, if it is approved by the administrative or higher administrative court.

2. In the case of admission by the administrative court, the appeal must be lodged with the administrative court within one month of the delivery of the judgment. If the administrative court does not allow the appeal, the application for admission of the appeal must be submitted to the administrative court within one month of the delivery of the judgment; the reasons for admission must be presented within two months of the delivery of the judgment.

3. The appeal is only to be admitted if there are serious doubts about the correctness of the judgment, the case has particular actual or legal difficulties or is of fundamental importance or the judgment of a decision of the Federal Administrative Court or a Higher Administrative Court, the Joint Senate of the Supreme Courts of the Federal or the Federal Constitutional Court and is based on this deviation or there is a procedural deficiency on which the decision can be based (Section 124 II VwGO).

University law

After a position for university professors has been advertised, the selection is made by appointment, which in turn is followed by appointment negotiations in which the chair equipment and salary (since 2005: W salary, divided into basic salary and variable performance payments) are negotiated. If the appointee agrees, an appointment (civil servant relationship) or employment (employment relationship) takes place. The university ministries used to be responsible for appointments and appointments, but these powers have now been transferred to the universities in most federal states (delegation).