Definition and significance of the appeal value
Der Appeal value is a central legal concept in German procedural law. It denotes the subjective value of the interest, expressed as a monetary amount, with which a party suffers tangible disadvantages from a court decision or seeks an advantage through a legal request. The appeal value is of crucial importance in various procedural codes and serves in particular to determine the admissibility and scope of legal remedies, assign legal jurisdictions, and calculate court and attorney fees.
Legal basis and regulations
Significance in civil procedure law
In civil procedure law, the appeal value is primarily applied when examining the admissibility of legal remedies such as appeal (§ 511 ZPO) and further complaint (§ 544 ZPO). Here, the appeal value serves as the decisive factor for the threshold above which a legal remedy is permitted or may be dismissed.
Admissibility of legal remedies
Pursuant to § 511, paragraph 2, number 1, of the Code of Civil Procedure (ZPO), an appeal is only admissible if the value of the subject matter of the complaint exceeds 600 euros, unless the court expressly permits the appeal. Similarly, comparable value thresholds exist for the further complaint under § 544 ZPO and for other legal remedies.
Relevant point in time
For the assessment of the appeal value, the relevant point in time is generally the last oral hearing, or if none has taken place, the time of the decision (see § 4 ZPO).
Relevance in administrative law
The appeal value is also of considerable importance in administrative law. According to § 124a paragraph 4 sentence 2 of the Administrative Court Procedure Act (VwGO), an appeal against judgments of administrative courts is only admissible if the appeal value amounts to at least 750 euros, unless the appeal is expressly permitted.
Significance in family and social law
In family law, the appeal value affects the admissibility of legal remedies pursuant to §§ 61, 113 Family Proceedings Act (FamFG). Comparable provisions are also applied in social law, such as under the Social Court Act (SGG).
Ascertainment and calculation of the appeal value
Principle of subjective grievance
The appeal value is regularly based on the financial disadvantage suffered by the respective party as a result of the court’s decision. The decisive factor is the subjective grievance, i.e., the interest of the party involved in the legal remedy.
Methods of value calculation
The precise calculation of the appeal value varies depending on the subject matter of the dispute:
- Actions for performance: Value is determined by the amount of money demanded or the value of the object claimed.
- Actions for a declaratory judgment: Usually determined by the financial interest in the desired declaration.
- Actions for the alteration of legal relationships: The appeal value is based on the change in the legal position and the associated financial disadvantage.
In individual cases, the court may set the appeal value at its own discretion if no objective numerical value can be determined (§ 3 ZPO).
Combination of multiple appeal values
If several related matters of dispute exist, their individual values are generally added together (§ 5 ZPO).
Appeal value and ancillary decisions
Ancillary decisions, such as cost decisions or interest, generally do not affect the appeal value if they are subordinate in relation to the main subject matter.
Legal remedy-related function and effects
Importance for levels of appeal
The appeal value is a decisive determinant as to whether a legal remedy such as appeal, revision, or complaint is even admissible. For certain types of proceedings, the appeal value must reach a specific minimum for the law to allow access to the next level of appeal.
Effect on costs and court jurisdiction
Besides the admissibility of legal remedies, the appeal value is often also decisive for the amount in dispute, which in turn influences the allocation of costs and the calculation of court and attorney fees. In some types of proceedings, the substantive jurisdiction of the district court or regional court must also be determined based on the appeal value.
Fixing the appeal value
Procedure for determination
The appeal value is set by the court either ex officio or upon application by a party to the proceedings. The determination is made by a formal order and may, under certain conditions, be challenged by a legal remedy.
Legal remedy against the determination of value
An independent complaint may be lodged against the determination of the appeal value, unless otherwise provided by law. The appellate court then reviews the correctness of the value determination.
Distinction from related terms
The appeal value is often confused with the amount in dispute. While the amount in dispute reflects the objective financial interest of the plaintiff or applicant in the desired judgment and is decisive for fees, the appeal value reflects the individual interest for appealing the decision. In many cases, however, the appeal value may be identical to the amount in dispute.
Practical relevance and typical issues
The appeal value plays a central controlling role in civil, administrative, family, and social proceedings. In practice, this often raises questions such as:
- Differences between objective amount in dispute and subjective appeal value
- Multiple parties with differing appeal values
- Special assessment in cases where disadvantages are not directly measurable in money
- Borderline cases in interpreting value provisions
Courts and appellate instances have developed extensive case law on these issues, which must be observed in each individual case.
References and further regulations
- §§ 3-9 ZPO (Act on the Regulation of Appeal and Dispute Values in Civil Proceedings)
- §§ 124, 128 VwGO (Appeal value in administrative proceedings)
- §§ 61, 113 FamFG (Appeal value in family procedural law)
- Additional specialist literature and recent case law on the interpretation and application of the appeal value
The appeal value is therefore an essential concept in German procedural law, playing a fundamental role in every branch of proceedings for the enforceability of legal remedies, calculation of costs, and organizational matters. Its precise calculation and legal assessment are often the basis for judicial decisions.
Frequently asked questions
What role does the appeal value play in the admissibility of a legal remedy?
The appeal value is a decisive criterion for the admissibility of many legal remedies in German civil procedure, particularly for appeals and complaints. Under § 511 ZPO, for example, an appeal is generally only admissible if the value of the matter in dispute exceeds 600 euros or the court of first instance expressly permitted the appeal. The appeal value thus reflects the (financial) interest of the party in altering the court’s decision and serves to distinguish trivial disputes from those where greater legal protection appears justified. If the appeal value falls below the requisite threshold, the respective legal remedy must be rejected as inadmissible.
Who sets the appeal value and how is this determined?
The determination of the appeal value is made by the court responsible at the relevant procedural stage, usually upon application, but it can also be made ex officio. The relevant provisions are in particular § 61 GKG (Court Costs Act) and various rules in the codes of procedure (e.g., §§ 2, 3 ZPO for civil proceedings). The court assesses the specific interest the appealing party has in changing the challenged decision and quantifies this in monetary terms. The appeal value is determined by the grievance in the respective level of appeal—it depends on how the judgment affects the party, not necessarily the original amount in dispute.
Is the appeal value identical to the amount in dispute, and what is the difference?
The appeal value and the amount in dispute are two different but closely related concepts. The amount in dispute reflects the total financial interest asserted in the court proceedings and is decisive for calculating court and attorney fees. The appeal value, on the other hand, specifically concerns the interest that the losing party has in lodging a legal remedy, i.e., the “grievance” caused by the judgment. Therefore, the appeal value can in certain cases (especially with partial dismissals) be lower than the original amount in dispute.
What are the consequences of an incorrect determination of the appeal value?
An incorrect determination of the appeal value can have significant effects on the proceedings and the parties’ interests in legal protection. If the value is set too low, an admissible legal remedy may be rejected, even though a review would be appropriate on the merits. Conversely, a value set too high can result in an otherwise inadmissible legal remedy being wrongly treated as admissible. Errors in the value determination can subsequently be corrected by the court upon application (§ 63 GKG); under certain circumstances, appeals against the value determination are also possible.
What evidence and documents are required to assess the appeal value?
For the assessment of the appeal value, in particular the applications in the legal remedy procedure, the lower court’s judgment, and, if necessary, further written submissions, are relevant, as they demonstrate the specific interest of the party. In cases involving financial interests, such as claims or monetary demands, quantifying the disputed amount is usually sufficient. For non-pecuniary disputes (e.g., injunctions, family matters), additional statements or evidence may be required to adequately demonstrate the party’s material interest, for example regarding the extent, intensity of the impairment, or the financial value of the protection sought.
Can the appeal value still be corrected during ongoing proceedings?
Yes, the appeal value can be corrected during the course of the proceedings, particularly if the aim of the proceedings or the actual grievance changes subsequently (§ 63 section 1 GKG). This correction may be made upon application by a party or ex officio by the court. This is especially relevant if, during the proceedings, the scope of the claim changes, for example due to partial withdrawal or settlement, or if a party believes the originally determined value does not reflect the actual grievance. The decision on correcting the appeal value may also be challenged by complaint.
What special rules apply to the appeal value in family matters?
In family matters (e.g., maintenance, custody, visitation) partially different rules apply to the calculation of the appeal value. Here, the annual value of the requested benefit, such as maintenance, is often used (§ 113 FamFG in conjunction with §§ 40 ff. GKG). For certain matters—such as annulment of marriage or child-related matters—statutory minimum values are stipulated, irrespective of the actual financial interest. In addition, it must be noted that in some proceedings, particularly in child matters, the appeal value does not apply; instead, the admissibility of the complaint depends solely on the absence of a statutory exclusion or on the general admissibility.
