Definition and Significance of the Appeal Amount
The appeal amount is a term from German civil procedure law. It determines the minimum amount in dispute required for a judgment of a local court (Amtsgericht) to be appealed to a higher court – generally the Regional Court (Landgericht). The appeal amount applies to disputes at first instance before the local courts as well as in administrative, labor, social, and fiscal court proceedings, each of which may have their own thresholds.
Statutory Foundations
Regulation under the ZPO
In civil proceedings, the definitive regulation of the appeal amount is set out in Section 511 paragraph 2 number 1 of the Code of Civil Procedure (ZPO). It establishes the minimum value of the complaint, which the judgment must exceed in order for an appeal to be admissible. In addition to the appeal amount, further admissibility requirements for an appeal are regulated here.
Relevance in German Procedural Law
The appeal amount serves as a filter mechanism to relieve appellate courts of minor cases and to reserve the second instance for disputes with sufficient value at stake. At the same time, it promotes legal certainty and procedural economy, as not all decisions can be reviewed at higher instances.
Amount of the Appeal Value
The current appeal amount in civil procedure law according to Section 511 paragraph 2 number 1 ZPO is generally 600 euros. This figure refers to the so-called economic burden (Beschwer), meaning the financial interest of the losing party affected by the judgment.
Calculation of the Appeal Amount
Relevant Value
For the calculation of the appeal amount, the value of the complaint (Beschwer) is decisive, i.e., the difference between the burden on the losing party before and after the first instance judgment. This can be the full amount in dispute or only a part, for example when a claim is partially granted or rejected.
Determining the Economic Burden in Individual Cases
The specific burden results from the judgment itself. It may correspond to the party’s application, but may also be less or may be composed if several claims are involved. The court of first instance is obliged to declare the amount of the complaint or at least clarify the extent to which an appeal would be admissible.
Examples
- If a claim for payment of 1,000 euros is dismissed, the burden for the plaintiff is 1,000 euros.
- If a claim for 400 euros is granted but 200 euros is denied, the burden for the plaintiff is 200 euros.
- For several subjects of dispute, the respective amounts of the economic burden must be calculated separately unless they are economically connected.
Special Features in Case of Joinder of Parties and Third-Party Participation
In cases of joinder of parties (multiple plaintiffs or defendants), the burden must be determined for each party individually. It can differ among the parties. For several combined subjects of dispute, these are added together, provided they are economically independent of each other.
Appeal Amount Outside Civil Jurisdiction
Labor Jurisdiction
In labor jurisdiction, too, a minimum value for the admission of the appeal is stipulated, as regulated in Section 64(2) ArbGG. An appeal is admissible when the value in dispute exceeds 600 euros, or when the court of first instance expressly permits the appeal in its judgment.
Administrative Jurisdiction
According to Section 124a VwGO, an appeal before the administrative courts is generally admissible only if it has been permitted. However, there is no fixed appeal threshold as in the ZPO.
Social and Fiscal Jurisdiction
Similar regulations exist in social law (Section 144 SGG, appeal amount 750 euros) and tax law (Section 115 FGO, appeal amount 750 euros). Here, the legislator sets a higher threshold in part before an appeal or revision is possible.
Special Procedural Questions
Admission of Appeal Despite Falling Short of the Appeal Amount
Regardless of whether the appeal amount is reached, an appeal may be expressly permitted by the court of first instance in order to clarify a fundamental legal question or to ensure uniformity of case law. In these cases, meeting the appeal amount is not required.
Dispute Over the Appeal Amount
If there is a dispute over the calculation or determination of the burden, a separate decision by the appellate court is generally possible. The decision of the court of first instance is not binding in this respect.
Remedies in Case of Exceeding/Not Reaching the Appeal Amount
If the appeal amount is not reached, the only option available is for the appeal to be expressly permitted by the court of first instance. Otherwise, the judgment cannot be appealed; depending on the course of proceedings, only an application for leave to appeal or, in some cases, a constitutional complaint may be possible.
Political Background and Development
Raising or lowering the appeal amount is part of policy considerations to relieve higher courts. With the ZPO reform in 2002, it was raised from formerly 800 DM (approx. 410 euros) to 600 euros. The objective is to ensure that minor disputes are, where possible, resolved finally in a single instance. The regulation is based on procedural economy and relieves the judiciary of petty cases in the second instance.
Summary
The appeal amount is a central element of German procedural law that defines from which amount in dispute judgments of the local court may be appealed. In civil procedure law, it is set at 600 euros; different values apply in other court branches. The appeal amount serves to efficiently manage appellate instances and promotes both relief of the courts and legal certainty. Its statutory design and correct calculation are a central criterion for the admissibility of the appeal in each individual case.
Frequently Asked Questions
What role does the appeal amount play in civil proceedings?
In civil proceedings, the appeal amount determines whether a decision of a first instance court can be appealed. Under German civil procedure law, according to Section 511(2) no. 1 ZPO, an appeal against judgments of the local courts is, as a rule, only permitted if the amount in dispute – i.e., the so-called appeal amount – exceeds 600 euros. The appeal amount thus functions as a filter criterion to limit the remedy of an appeal to cases of a certain significance and at the same time to relieve the courts. As a result, if the appeal amount is not met, review by the next higher court is only possible with express permission from the originating court or in special cases.
How is the appeal amount calculated in individual cases?
The appeal amount is generally based on the so-called value of the complaint, i.e., the sum by which the appellant is economically affected by the challenged judgment. This usually corresponds to the difference between what was requested and what was awarded by the court. For pecuniary claims, the calculation is usually straightforward; for other types of disputes – such as status claims, injunctions, or declaratory judgments – the value is determined by the court at its reasonable discretion under Section 3 ZPO. As a rule, each position challenged is counted toward the appeal amount individually as long as it is the subject of the appeal, but ancillary claims such as interest or costs do not count toward the appeal amount.
Who determines and examines the appeal amount?
Primarily, it is the responsibility of the appellant to determine the appeal amount and to specify and substantiate it as necessary. However, the appellate court always reviews ex officio as part of its admissibility check whether the appeal amount has been reached. If the court finds that the minimum burden is not met, the appeal is dismissed as inadmissible. The court of first instance may, upon request or suggestion, also make a formal determination of value regarding the appeal amount; this determination can also be reviewed by the appellate court.
What are the consequences if the appeal amount is not reached?
If the required appeal amount of currently more than 600 euros is not reached, an appeal – unless expressly permitted by the originating court as an exception – is inadmissible. As a consequence, the first instance judgment becomes final and cannot be re-examined. Further litigation is only possible in rare exceptional cases via other remedies – such as a complaint about denial of a hearing or a constitutional complaint – though significant hurdles exist for these.
Are there exceptions to the appeal amount?
Yes, exceptions are expressly regulated by law. For example, under Section 511(2) no. 2 ZPO, the appeal amount is irrelevant if the court of first instance expressly allows the appeal in its judgment, for example because the legal matter is of fundamental importance or requires clarification for the development of the law. Likewise, in family matters and certain cases under voluntary jurisdiction according to special legal provisions, the appeal amount is either lowered or does not apply at all.
Can parties influence the appeal amount?
Parties can influence the appeal amount through the design of their claims and the selection of the objectives they wish to contest. For instance, by limiting the appeal to specific parts of the judgment, the appeal amount can be deliberately reduced. Conversely, the appeal amount can be increased by extending the appeal to additional contested positions. However, any manipulation through obvious circumvention – for example, artificially adding ancillary claims that, according to the ZPO, do not count toward the appeal amount – is inadmissible.
Does the appeal amount affect the decision on costs?
The appeal amount primarily determines the admissibility of the appeal, but it also plays a minor role in the calculation of costs. Court costs and the fees of lawyers in appeal proceedings are based on the amount in dispute, which often correlates with the appeal amount but is not necessarily identical. If an unauthorized appeal is dismissed, the appellant bears the full costs of the appeal proceedings. An insufficient appeal interest may also become relevant in cost-fixing proceedings, especially regarding the question of whether the appeal was lodged recklessly or without prospects of success.
