Concept and Meaning of the Admission Appeal
The admission appeal is a term in German civil procedural law and refers to a special appellate procedure before the Higher Regional Courts. It was introduced with the aim to accelerate proceedings and relieve courts of appeal by making the admissibility of an appeal dependent on a prior judicial acceptance. This form of appeal is particularly relevant in certain types of proceedings, for example in disputes involving a low amount in controversy.
Legal Basis of the Admission Appeal
Code of Civil Procedure (ZPO)
The regulations regarding the admission appeal are found in the Code of Civil Procedure, in particular in § 522 ZPO (default judgments), § 511 (4), and § 64 ArbGG (Labour Court Act). According to these provisions, an appeal against judgments from the local court and in certain labour court proceedings is only permissible if the appellate court expressly admits the appeal.
Prerequisites for the Admission Appeal
The admission appeal is used in disputes where the grievance or the amount in dispute does not exceed a certain threshold. Its essential purpose is to prevent minor cases or cases without fundamental significance or risk of recurrence from going through all levels of appeal. The appellate court therefore examines, before addressing the merits, whether the appeal is to be admitted.
Admission Requirements (§ 522, Paragraph 2 ZPO)
The appellate court may only admit the appeal if:
- there are considerable doubts as to the correctness of the contested judgment,
- the legal matter is of fundamental importance,
- the further development of the law or ensuring uniform jurisprudence requires a decision by the appellate court.
If these requirements are not met, the appeal is dismissed by order, without an oral hearing, as inadmissible.
Course of the Admission Procedure
Filing the Appeal
The party dissatisfied with the judgment of the court of first instance files the appeal within the statutory time limit. If the admission appeal is applicable, the appeal is initially provisional.
Preliminary Review by the Appellate Court
The appellate court then conducts a preliminary review. It examines the admissibility requirements, such as compliance with the time limit for appeal, and whether the statutory grounds for acceptance are met.
Forms of Decision
- Acceptance of the Appeal: If the grounds for acceptance are met, the court admits the appeal. The proceedings then continue in the regular form.
- Rejection: If there are no grounds for acceptance, the appeal is dismissed by informal order.
Legal Remedies
An immediate complaint against an order rejecting acceptance is generally not admissible, so the decision is – with few exceptions – not subject to further challenge.
Aims and Background of the Regulation
The primary aim of introducing the admission appeal is to relieve courts from obviously unfounded or low-value appeals. At the same time, the duration of proceedings is to be reduced – for instance by eliminating oral hearings – and legal certainty increased. This creates a filtering function to prevent minor disputes from burdening the appellate court.
Scope of Application of the Admission Appeal
Civil Proceedings
The admission appeal applies to certain civil proceedings, especially for disputes with an amount in controversy not exceeding 600 EUR (§ 511(2) No. 1 ZPO). If the amount in controversy exceeds this threshold, the appeal is permissible irrespective of the admission procedure.
Labour Court Proceedings
Pursuant to § 64 (2c) ArbGG, the admission appeal is also relevant in the sequence of labour court instances if the amount in controversy does not exceed a statutory threshold.
Family Proceedings and Other Areas
In main proceedings before the family court, the appeal may also depend on the court’s willingness to accept.
Practical Effects and Criticism
The admission appeal promotes efficiency within the judiciary because it often disposes of appeals in minor matters already in the preliminary procedure. Criticism partly concerns the interference with the right to a full review of a first-instance decision. Furthermore, it is objected that the decision-making authority rests solely with the appellate court and that the parties usually have no way to challenge a rejection.
Summary
The admission appeal is an established instrument under German civil procedural law for filtering appeal proceedings with minor significance or an obvious lack of prospects for success. It serves to relieve the courts and promote procedural efficiency, but it is also subject to certain legal-policy controversies regarding the extent of legal protection afforded to the parties involved. Statutory provisions, particularly in the Code of Civil Procedure, precisely define the requirements and procedures of this instrument and are aimed at a consistent, expedited process.
Frequently Asked Questions
What formal requirements must be satisfied for an admission appeal?
Various formal requirements pursuant to § 522 ZPO must be observed for an admission appeal. The notice of appeal must be received by the appellate court within the statutory period of generally one month after service of the first-instance judgment (§ 517 ZPO). Another mandatory requirement is the statement of grounds for appeal, which must be submitted within two months from service of the judgment (§ 520 ZPO). The appeal must be filed by a Rechtsanwalt, as representation by counsel is compulsory before the appellate court (§ 78 ZPO). In addition, the appeal must clearly indicate to what extent and on what grounds the judgment is being challenged. For the admission appeal, it should be noted that no automatic review of the appeal takes place; instead, the appellate court first examines whether the admissibility requirements and prospects of success are met. If admission is refused, the proceedings become final with the first-instance judgment.
By what criteria does the appellate court decide on the admission of the appeal?
Within the context of the admission appeal, the appellate court primarily examines whether the requirements for admission under § 522(2) ZPO are fulfilled. The appeal is only admitted if the matter is of fundamental importance, if the further development of the law or the maintenance of consistent jurisprudence necessitates a decision by the appellate court, or if the first-instance judgment is based on a legal error within the meaning of § 546 ZPO and the decision might be influenced by this error. If these requirements are not met, the appeal is dismissed as unfounded by order, without an oral hearing. The court has a margin of discretion, but is obliged to provide reasons for the rejection.
What legal remedies are available against the rejection of the admission appeal?
If the admission of the appeal is denied by order pursuant to § 522(2) ZPO, there is generally no further legal remedy against this decision. The decision becomes effective upon service and the proceedings are considered concluded. An exception may be made only if there are significant procedural errors in the admission decision or in the handling of the appeal. In rare cases, a constitutional complaint to the Federal Constitutional Court may be considered if the refusal to admit the appeal violates fundamental rights of the appellant. However, the requirements for this are very high.
What are the differences between the admission appeal and the unrestricted appeal?
The admission appeal differs from the unrestricted appeal primarily in that it does not automatically lead to a comprehensive review of the first-instance judgment. Instead, an admission review by the appellate court is mandatory. In contrast, the unrestricted appeal brings the whole matter directly before the appellate court for complete review, provided the formal requirements are fulfilled. The admission appeal is intended in particular to limit appellate proceedings to cases where the remedy is indicated for overriding legal-policy reasons.
What is the significance of the requirement to state grounds in the admission appeal?
The requirement to state grounds plays a central role for the admission appeal. Without substantial and comprehensible reasoning, specifically outlining the required grounds for admission (fundamental significance, further development of the law, etc.), the appeal has little chance of being admitted. The appellate court primarily examines whether the arguments presented are suitable to substantiate a legal error or demonstrate the fundamental significance of the case. Appeals lacking sufficient justification are regularly dismissed at the admission stage.
What are the effects of the acceptance or rejection of the appeal on the further course of the proceedings?
If the appeal is admitted, a regular appellate procedure takes place in which both factual and legal issues can be examined anew. The parties are summoned to an oral hearing and the appellate court decides by judgment. If the admission appeal is rejected by order, the first-instance judgment becomes final. A new procedure in the same matter is then excluded unless exceptional circumstances arise (e.g., subsequently discovered evidence, action for restitution).
Under what conditions can an admission appeal be subsequently allowed?
Subsequent admission of the admission appeal is only possible under very limited circumstances. Irregularities in the admission procedure or serious procedural errors, such as denial of the right to be heard, may in rare cases lead to the reopening of proceedings (§ 580 et seq. ZPO; action for restitution). As a rule, however, rejection of the admission appeal is final and may only be contested by means of a constitutional complaint or an action for restitution. The prerequisite is always the existence of a significant procedural defect or a new, previously unknown piece of evidence.
