Increased requirements for file inspection during pandemic times: Practical relevance using the example of the Higher Regional Court Frankfurt am Main
Ensuring effective legal protection includes the right to comprehensive file inspection. During the COVID-19 pandemic, existing standards regarding the framework conditions of this inspection were put to a severe test. The Higher Regional Court (OLG) Frankfurt am Main ruled in its decision of December 14, 2020 (Case No. 21 W 137/20) that inspection in a windowless basement room of only 13 square meters under pandemic-related contact restrictions is unreasonable. This decision is of significant practical relevance for all parties involved in proceedings and institutions obliged to physically provide file inspection.
Legal anchoring and practical implementation of the right to file inspection
Importance of the right to file inspection
The right to file inspection is a central element of equality of arms and serves the core principle of the rule of law for effective defense and attack possibilities. According to § 299 of the Code of Civil Procedure (ZPO), parties are generally granted access to the case files unless there are significant opposing reasons. Access to the complete and current files is crucial for drafting submissions, gathering evidence, and developing effective litigation strategies.
Physical file inspection under pandemic conditions
Particularly during the Corona pandemic, the need for protection from health risks has set new standards for access requirements and space capacities. Courts and authorities are fundamentally obliged to enable file inspection while considering infection protection measures. Implementing corresponding hygiene rules (minimum distances, ventilation, surface disinfection) becomes essential if file inspection cannot be conducted digitally but only on-site.
The decision of the OLG Frankfurt: Standards for reasonableness and health protection
Facts of the case and contentious issues
In the present case, a party applied for file inspection. The court provided a windowless basement room with an area of approximately 13 square meters for the inspection. In light of the contact and distance rules in effect at the time, the applicant protested against the modalities. The core of the dispute was whether these spatial conditions were reasonable in light of the pandemic-related protection requirements.
Reasoning of the OLG: Relationship between procedural fundamental rights and health protection
The OLG Frankfurt am Main clarified that file inspection can only be considered effective and reasonable if legitimate health protection interests are simultaneously taken into account. This is particularly true if the provided room does not meet infection protection requirements due to its size and, above all, the lack of fresh air supply.
The court emphasized that authorities are required to take viable precautions in individual cases and, if necessary, provide alternative inspection options – such as larger, better-ventilated rooms or, if possible, electronic file inspection. Reasonableness is to be assessed based on specific circumstances – extent of risk, room size, and technical alternatives.
Impact of the decision on future proceedings and institutional processes
Procedural design and organizational duties of the authorities
The decision makes it clear that authorities and courts in exceptional situations like a pandemic must not limit themselves to regulatory minimum standards. Instead, the situation requires a continuous adjustment of infrastructure to current needs. Space concepts for file inspection must particularly take into account the current developments in health protection concerning distancing rules, ventilation options, and person capacity.
Resource-saving but legally compliant alternatives – such as staggered inspection appointments, targeted digitization of sensitive records, or cooperative sharing of files – are gaining importance. At the same time, it is important to uphold the principle of equal treatment and procedural fairness.
Limits of discretion and enforcement of claims
The decision of the OLG does not constitute an automatic solution for all proceedings in pandemic crises, but rather highlights the necessity for a case-by-case assessment. Effective legal protection and the balance of competing protective interests are always paramount. If there is a significant risk of infection, such as due to poor ventilation or insufficient room size, the affected party regularly has a right to appropriate alternative solutions. Only in this way can a restriction of the right to file inspection be effectively excluded.
Outlook: Relevance for business and procedural participants
The decision of the OLG Frankfurt has a signaling effect beyond the individual case. It clarifies that granting file inspection should not be understood as merely a formal act, but regularly requires consideration of the real conditions and their impact on procedural core rights. Companies, investors, and wealthy private individuals who depend on file inspection rights in the context of complex proceedings should be vigilant about the actual access modalities.
Especially in extensive commercial or corporate disputes, the effective exercise of the right to file inspection – even under extraordinary conditions – is of central importance for safeguarding one’s interests and maintaining procedural fairness. For specific legal issues, we are available in the area oflitigationat any time to discuss individual solutions that meet the current requirements.
