Complaint – Definition, Meaning, and Legal Structure
Term and General Definition
Die Complaint is a central term in German law and, in a broad sense, denotes the impairment or disadvantage that a person or legal entity experiences through a sovereign act, a court decision, or other measures. It represents the legally relevant disadvantage required to contest a decision by means of a legal remedy, in particular by lodging an appeal or filing a lawsuit.
Dogmatic Classification of Complaint
Complaint as an Admissibility Requirement for Legal Remedies
In numerous procedural codes, such as the Code of Civil Procedure (ZPO), Code of Criminal Procedure (StPO), Administrative Court Procedure Code (VwGO) and the Fiscal Court Procedure Code (FGO), the existence of a complaint is an essential prerequisite for the admissibility of legal remedies such as appeals, revisions, and other remedies. It is regularly required that the decision interferes with the existing legal position of the appellant. Without one’s own complaint, there is no need for legal protection and the person concerned is excluded from challenging the decision.
Objective and Subjective Complaint
A distinction is made between the objective complaint, which is based solely on whether the operative part of the decision is less favorable than the request of the person challenging, and the subjective complaint, which focuses on whether the affected person actually feels impaired in their legal position. What is decisive, however, is whether there is a legal, not merely economic or factual, disadvantage.
Legal Consequences of the Absence of Complaint
If a person, authority, or company is not aggrieved by a sovereign act or a judicial decision, the so-called right of appeal is lacking. In this case, a lodged legal remedy will be dismissed as inadmissible. This is related to the principle that no one may act on their own behalf in favor of a third party unless a statutory authorization exists.
Complaint in Civil Procedure Law
Complaint as Admissibility Requirement (§ 511 para. 2 ZPO)
In civil law, the complaint pursuant to § 511 para. 2 no. 1 ZPO is an explicit admissibility requirement for an appeal. The value of the complaint must therefore exceed the appeal amount in dispute, which is currently set at 600 euros, unless the court of first instance has admitted the appeal. The complaint is regularly measured according to the interest that the appealing party sees as being violated by the first-instance decision.
Assessment and Calculation of the Complaint
The measurement of the complaint is generally based on economic considerations, i.e., the difference between what was requested and what was granted. It is disputed how to proceed if a claim is partially granted and partially dismissed, or in cases of counterclaims. In multi-party proceedings, the complaint may differ individually for each participant, depending on the extent of their respective legal impairment.
Complaint in Administrative Law
Significance in Administrative Proceedings (§ 42 para. 2 VwGO)
Complaint plays a central role for entitlement to bring an action in administrative law, as stipulated in § 42 para. 2 VwGO. A prerequisite for a legal remedy is that it is asserted that one’s own rights have been violated by an administrative act or its refusal or omission. Consequently, the complaint expresses one’s own legal protection interest against administrative measures.
Complaint in Criminal Procedure Law
Complaint as an Admissibility Requirement for Legal Remedies (§ 296 para. 1 StPO)
In criminal procedure law, the complaint is a prerequisite for remedies against judicial decisions. What matters is whether the judicial decision has worsened the legal position of the appealing party, in particular the accused.
Special Situations Involving the Complaint
Disputes Over Establishing the Existence of a Complaint
In practice, there may be disagreements in individual cases as to whether a complaint exists, particularly regarding non-independent ancillary decisions, cost decisions, or in cases where a decision has no immediate negative effects but indirectly impairs the legal situation. There is extensive case law on this in individual case jurisprudence.
Third-Party Complaint, Indirect and Reflexive Complaint
Not every negative consequence gives rise to a legally relevant complaint. Reflex effects, i.e., mere economic or factual disadvantages, generally do not constitute a contestable complaint. A so-called third-party complaint, that is, the possibility for third parties to challenge a decision, is only exceptionally possible if the law expressly allows it.
Complaint Without a Legal Remedy
There are scenarios in which there is a material complaint but insufficient legal protection is available. This is the case, for example, with interlocutory decisions that cannot be independently challenged, provided that later legal protection remains available in the main proceedings.
Significance of the Complaint in Constitutional Law
Also in the field of constitutional law , the existence of a complaint is a prerequisite for the admissibility of a constitutional complaint. According to Article 93 para. 1 no. 4a Basic Law and § 90 Federal Constitutional Court Act (BVerfGG), a successful constitutional complaint requires that the complaint has been caused personally, presently and directly by an act of public authority.
Overview of the History of the Term and Comparison
The term ‘Beschwer’ is historically closely linked to German procedural law and exists in similar forms in the procedural law of other European legal systems. It ensures that only those who are actually adversely affected by a state measure may seek judicial protection against it.
Summary and Practical Significance
Complaint serves in the German legal system as an indispensable filtering function for access to the legal remedies of various codes of procedure. It ensures that legal recourse is available exclusively to those whose legitimately protected interests are affected. This relieves the judiciary and strengthens legal certainty.
Literature and Further Information
- Zöller, Code of Civil Procedure, § 511 ZPO
- Kopp/Schenke, Commentary on the VwGO, § 42 VwGO
- Meyer-Goßner/Schmitt, Code of Criminal Procedure, § 296 StPO
- BVerfGG Commentary, § 90 BVerfGG
Note: The above presentation does not claim to be exhaustive and does not replace individual legal advice.
Frequently Asked Questions
What deadlines must be observed when lodging a complaint in a legal context?
The lodging of a complaint in Germany is subject to specific deadlines, which are determined by the applicable procedural law. As a rule, the appeal period for simple complaints, for instance in civil proceedings pursuant to § 569 para. 1 ZPO, is two weeks from service of the decision to be appealed. In administrative law, § 147 para. 1 Administrative Court Procedure Code (VwGO) provides for a period of two weeks from notification of the decision for complaints against the refusal of legal aid. It should be noted that the period only begins to run with proper service. If the deadline is missed, the complaint is generally inadmissible unless reinstatement to the previous state is possible in accordance with the applicable rules of procedure. Exceptions may exist, in particular, if the person lodging the complaint was prevented from meeting the deadline through no fault of their own. An application for reinstatement must be filed without undue delay, that is, without culpable hesitation, after the obstacle has been removed. It is recommended to document receipt of the complaint in due time, for example, by filing with the court against confirmation of receipt or using the special electronic attorney mailbox (beA).
Who is eligible to lodge a complaint?
Any person who is affected in their rights by the appealed decision is entitled to file a complaint, known as the ‘person entitled to complain’. In civil proceedings, this usually applies to the parties to the proceedings, i.e. plaintiffs and defendants, but also to third-party interveners or third parties, provided that a direct complaint exists. The complaint must be submitted personally or through a legal representative; in the case of minors or those incapable of contracting, representation is by the statutory representative. In administrative proceedings, natural and legal persons are entitled to file a complaint in accordance with § 42 para. 2 VwGO, provided they assert that they are affected by the administrative act or its refusal. In criminal law, complaints (so-called ‘immediate complaints’ under § 311 StPO) may be available to defendants, the public prosecutor’s office, or private prosecutors, depending on the procedural situation.
To what extent must a complaint be substantiated?
The requirements for the substantiation of a complaint vary depending on the jurisdiction and the type of complaint. In civil proceedings (§ 569 para. 2 ZPO), the complaint must be substantiated within the prescribed time limit, stating the facts and evidence on which it is based. Unsubstantiated complaints will be dismissed. In administrative proceedings, a justification is not mandatory in every case, but is strongly recommended, as it significantly increases the chances of success; in the case of appeals against the refusal to allow an appeal, justification is required by law. In criminal proceedings, justification may be dispensed with; however, for tactical reasons, it is advisable. The reasoning should clearly state in what way the appealed decision is erroneous and which rights of the complainant are infringed and how.
What effects does the lodging of a complaint have on the enforcement of the appealed decision?
As a rule, lodging a complaint does not have a suspensive effect. This means that the appealed decision remains enforceable unless the law expressly provides otherwise or the court of appeal orders a suspensive effect. In civil proceedings (§ 570 para. 1 ZPO), the complaint generally does not suspend enforcement of the appealed decision, unless the court explicitly orders this. In administrative law, an interim order to establish suspensive effect can be requested pursuant to § 80 para. 5 VwGO. In criminal proceedings, an immediate complaint against certain decisions (e.g. pretrial detention) is often automatically associated with a suspensive effect by law, but this depends on the specific provision.
What formal requirements must be observed when lodging a complaint?
Complaints must generally be submitted in writing to the competent court. Form and content are governed by the relevant codes of procedure. In civil proceedings, § 569 para. 3 ZPO requires filing as a written document or for the record of the court registry; submission via electronic legal communication is permitted through the beA. The complaint must identify the contested judgment or order and state against which part of the decision the complaint is directed. Naming the complainant and, where applicable, their representative is mandatory. Comparable requirements apply in administrative and criminal proceedings; in individual cases, additional information (e.g., file number) may be necessary so that the court can clearly assign the complaint.
What costs are incurred by lodging a complaint?
The costs of a complaint are determined by the respective act on court costs and may vary depending on the amount in dispute and the court. For civil proceedings, the Act on Court Costs (GKG) applies, under which corresponding fees may become due upon filing the complaint. Additional expenses may arise for legal representation, especially if representation by an attorney is mandatory. If legal aid is applied for and granted, these costs may be waived. In the event of success, the losing party usually bears the costs of the proceedings; the appeal court makes the corresponding cost decision. In administrative and criminal proceedings, the fee schedules for courts and attorneys apply analogously, whereby the costs for inadmissible or unfounded complaints may rest entirely with the complainant.
