Definition and significance of the appeal period
Die Appeal period is a central term in German civil and criminal procedure law. It refers to the statutory period within which an appeal can be lodged against a judgment of the first instance. Observing the appeal period is a mandatory prerequisite for the admissibility of the appeal. Once the period has expired, the judgment under challenge becomes legally binding, so that a review by the next higher instance is generally excluded.
Overview of the appeal period
Legal basis
Civil procedure
The appeal period in civil proceedings is regulated in § 517 of the German Code of Civil Procedure (ZPO). Accordingly, an appeal against a judgment may be lodged within one month after service of the full judgment.
Criminal proceedings
In criminal proceedings, § 314 of the German Code of Criminal Procedure (StPO) determines the appeal period. The affected parties have one week from the pronouncement or service of the judgment to lodge an appeal.
Other proceedings
There are also specific regulations regarding the appeal period in other areas of law, such as labor, administrative or social law, which may differ in duration and requirements.
Differences between legal areas
The length and structure of the appeal period varies depending on the type of proceedings:
- Civil law: generally one month from service (§ 517 ZPO)
- Criminal law: generally one week from pronouncement/service (§ 314 StPO)
- Administrative law: one month (§ 124a VwGO)
- Social law: one month (§ 151 SGG)
- Labor law: usually one month (§ 66 ArbGG)
Commencement of the appeal period
The start of the period depends on the service of the complete written judgment, unless special provisions apply in individual cases (especially in criminal law) (e.g., period starts with pronouncement if the affected person is present). The period only starts to run once the judgment has been formally and correctly served. Deficiencies in service can result in the period not commencing.
Filing and reasoning of the appeal
Form and content
The appeal must be lodged in the correct form and within the prescribed period with the competent court. This is done by submitting a notice of appeal. In civil cases, the grounds for appeal must also be submitted within two months after service of the judgment (§ 520 ZPO). This reasoning period is to be distinguished from the appeal period, but both periods must be observed.
Effect of the period
The appeal period is what is known as a mandatory (not) period. It cannot generally be extended, neither by the court nor on application of a party. An appeal that is filed or reasoned late is inadmissible and will be dismissed.
Consequences of missing the period
If the appeal period is missed, the first-instance judgment becomes final. A later review is only possible under special exceptional circumstances (e.g., by way of a retrial or restitutory action).
In rare exceptional cases, reinstatement to the previous status (§§ 233 et seq. ZPO, § 44 StPO) may be granted upon request if the party was, through no fault of its own, prevented from observing the period. For this, the applicant must present and prove the reasons and the hindrance in detail.
Special features and exceptions
Appeal period in the case of legally incapacitated persons and minors
In the case of minors or other legally incapacitated persons, the period does not begin until the judgment has been validly served on their legal representative.
Calculation of the period
The general calculation rules of the ZPO or the relevant procedural code (§§ 222 et seq. ZPO, § 43 StPO) apply for calculating the period. The period ends at midnight (24:00) on the last day. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended until the end of the next working day.
Appeal period and legal force
The expiration of the appeal period is associated with the entry into force of the judgment, provided no appeal has been lodged. A further challenge or review of the same matter by way of appeal is thereafter excluded.
Summary
The appeal period is an indispensable prerequisite for the proper lodging of an appeal. It serves legal certainty by limiting the possibility of challenging a judgment in time and thereby bringing about its legal force. Exact knowledge and observance of the period are fundamental in order to prevent loss of rights and the final effectiveness of a first-instance judgment. Particular attention must be paid to observing the period, correctly calculating the start of the period, and any special provisions regarding service. The strict regime regarding periods protects all parties to the proceedings as well as the court from unnecessary delays and uncertainties.
Frequently Asked Questions
How can the appeal period be calculated?
The calculation of the appeal period in legal contexts is based on statutory provisions regulated in the respective procedural law (e.g., Code of Civil Procedure, Code of Criminal Procedure, Administrative Court Procedure Code). The period generally begins with service of the complete judgment on the party or their Rechtsanwalt and usually comprises a certain number of days or weeks (often one or two weeks). Saturdays, Sundays and public holidays are included in the calculation unless the law provides otherwise. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the following working day (§ 222 ZPO). It is essential to observe the period exactly, as late submission results in the inadmissibility of the appeal.
What are the consequences of missing the appeal period?
If the appeal period is missed, the appeal is generally inadmissible. This means the judgment under appeal becomes final and can no longer be challenged by way of appeal. In exceptional cases, however, reinstatement of the previous status is possible if the party can credibly demonstrate that they were prevented from observing the appeal period through no fault of their own (§ 233 ZPO, § 44 StPO, § 60 VwGO). The application for reinstatement must be filed within two weeks after the obstacle has ceased to exist, and the omitted action must be performed. However, strict requirements apply to the explanation and substantiation of the lack of fault.
Can the appeal period be extended?
An extension of the appeal period is generally not provided for, as it constitutes a mandatory period. Mandatory periods are statutory and cannot generally be extended either by the court or upon application by a party. This serves legal certainty and the prompt completion of proceedings. Only in exceptional cases, such as reinstatement to the previous status due to unforeseen events, is subsequent observance of the deadline possible. However, an extension of the period for providing the grounds for appeal can be requested and granted by the court under certain conditions.
Does the appeal period apply to all instances and types of proceedings?
The appeal period is regulated by law for each instance and type of proceedings and may differ accordingly. In civil proceedings (§ 517 ZPO) it is usually one month, in criminal proceedings (§ 314 StPO) typically one week, and in administrative proceedings (§ 124a VwGO) regularly one month. The relevant procedural codes set out in detail for which decisions and under which conditions the remedy of appeal and the corresponding deadlines apply. An appeal is not permitted in every proceeding, and certain types of proceedings (e.g., first-instance decisions of the highest courts) are excluded from appeal.
Must the parties monitor the appeal period themselves?
Yes, the parties and their legal representatives are responsible for monitoring compliance with the appeal period themselves. This underscores the personal responsibility of the parties in legal proceedings. The court is not obliged to give special notice of the period’s end or remind the parties. In particular, Rechtsanwälte are obliged to perform careful deadline monitoring and to avoid missing deadlines. Mistakes in calculating or recording deadlines can have serious consequences, particularly regarding potential claims for legal malpractice.
What formal requirements apply to lodging an appeal within the period?
The appeal must be lodged both in the correct form and within the appeal period. This generally means it must be submitted in writing to the competent appeal court or placed on the official record at the court office. An appeal by plain email is inadmissible; strict formal requirements apply, such as the qualified electronic signature for electronic submissions (§ 130a ZPO). The notice of appeal must also contain certain minimum information, such as the designation of the judgment, the party lodging the appeal, and a clear statement that the judgment is being challenged.
Who bears the burden of proof in disputes regarding compliance with the appeal period?
In the event of disputes over compliance with the appeal period, the burden of pleading and proof generally lies with the party relying on timely submission. This means that the person relying on the timely filing must, in case of dispute, prove it—e.g., by presenting an acknowledgment of receipt, official court receipt stamp, or a qualified electronic transmission log for electronic submission. Doubts about compliance with the deadline are thus to the disadvantage of the appellant, unless she can fully and clearly prove timely receipt.
