Court Holidays
Definition and Significance
Court holidays refer to the period in various German-speaking countries during which the courts either do not hold sessions or operate in a significantly restricted manner. The regulations regarding court holidays are designed primarily to provide parties involved in proceedings and the courts themselves with a predictable break from regular court activities. Characteristically, during court holidays, only urgent cases are generally dealt with.
Historical Development
The concept of court holidays is traditionally rooted in the European legal sphere. Its origins date back to the Middle Ages, when breaks were introduced in court schedules to accommodate social and religious rhythms—such as summer recess or major church holidays. In Germany, Austria, and Switzerland, different legal bases for regulating court holidays subsequently evolved.
Court Holidays in German Law
Legal Basis
Under German procedural law, court holidays are regulated in particular in § 217 and §§ 222 et seq. of the Code of Civil Procedure (ZPO). According to § 217 ZPO, in civil matters, with the exception of urgent cases, no sessions are generally held during court holidays; a corresponding reservation applies for special expedited and emergency proceedings.
Fixed Time Period
Court holidays begin on July 1 and end on August 31 (§ 222a ZPO). They thus cover a period of two months. During this period, special rules apply to deadlines and hearing dates.
Impact on Court Appointments and Proceedings
Suspension of Hearings
During court holidays, civil courts generally do not hold hearings. Excluded from this are proceedings requiring particular urgency, such as interim injunctions, attachment procedures, or certain family matters, especially where there is an imminent danger to the welfare of a child.
Deadline Regulations During Court Holidays
During court holidays, the calculation of procedural deadlines in civil cases is specially regulated. Certain deadlines that would expire during the court holidays are, pursuant to § 222 (1) ZPO, extended until the third day after the end of the court holidays. However, this extension does not apply to all deadlines. Excluded in particular are statutory periods that may not be extended by law, as well as deadlines in expedited proceedings.
Relevance for Parties and Legal Representatives
Court holidays offer parties involved in proceedings the opportunity to extend deadlines beyond the summer months, which must be considered especially in international business and legal matters. This is also significant for individuals or entities that rely on deadline extensions for the service of documents.
Exceptions
For criminal proceedings, voluntary jurisdiction, labor court and social court proceedings, separate, sometimes differing rules apply. For example, no court holidays are observed at criminal courts; here, business operations are basically maintained all year round.
Court Holidays and Legal Remedies
The rules regarding court holidays have a direct impact on the filing and substantiation of legal remedies (e.g., appeals, revisions) in civil litigation. If a legal remedy deadline falls within the court holidays, the party can take advantage of the extended deadline as per § 222 ZPO. No such extension exists for criminal matters.
Court Holidays under Austrian Law
Legal Basis and Duration
In Austria, court holidays are regulated in § 222 of the Austrian Code of Civil Procedure. The period of the court holidays extends from July 15 to August 25. During this time, no regular sessions are held at civil courts unless it concerns particularly urgent matters, such as interim injunctions or cases of impending danger.
Deadline Calculation and Exceptions
General Regulation
If statutory deadlines expire during the court holidays, they are extended—except for statutory non-extendable deadlines—until the third day after the end of the court holidays (§ 222 (1) Austrian ZPO).
Exclusion of Certain Proceedings
Court holidays do not apply to criminal cases, administrative court proceedings, and certain matters of voluntary jurisdiction. Therefore, in these cases, court activities remain fully in effect.
Court Holidays in Swiss Law
Legal Bases
In Switzerland, court holidays are regulated in Art. 145 of the Swiss Code of Civil Procedure (ZPO) as well as in the Federal Act on Administrative Procedure (VwVG).
Fixed Time Period
Court holidays generally last from July 15 to August 15. Additionally, there are Christmas and Easter court holidays. During court holidays, the running of procedural deadlines is generally suspended.
Suspension of Deadlines During Court Holidays
During court holidays, there is a general suspension of deadlines. That means that most deadlines, such as for filing claims or legal remedies, do not run during this period. Exceptions apply for urgent proceedings such as interim measures, family law emergencies, or cases of imminent danger.
Purpose and Criticism of Court Holidays
Objectives
The institute of court holidays serves to ease the workload of courts and those involved in proceedings. By instituting a judicial ‘summer break’, scheduled periods for rest and organization are provided for judges, parties, and other participants in proceedings.
Critical Review
Court holidays are sometimes viewed critically, particularly regarding the potentially longer overall duration of individual proceedings. Since no or only limited processing occurs during the holidays, procedural delays can arise. Moreover, the increasing flexibility of modern working life has led to demands for shortening or abolishing court holidays.
Summary
Court holidays constitute a statutory, temporally limited interruption of regular judicial operations at civil courts in countries such as Germany, Austria, and Switzerland. During this period, special rules apply, particularly regarding court sessions and the calculation of deadlines. Emergency or expedited proceedings are largely exempt from these restrictions. The aim is to provide relief and scheduling reliability for those involved in proceedings, although criticism of this institution exists, especially regarding the speed and efficiency of the judiciary. The specific design of court holidays varies depending on the national legal system.
Frequently Asked Questions
What is the impact of court holidays on ongoing civil proceedings?
During court holidays—legally also referred to as ‘judicial recess’—hearings and decisions in civil cases in Germany are generally suspended. However, this does not mean that the courts are completely closed; rather, only urgent or non-deferrable matters are dealt with during this time. This includes, for example, expedited proceedings, attachments, and interim injunctions, as well as other cases involving imminent risk. For ongoing civil proceedings, this means that regular deadlines, such as those for filing a statement of defense or grounds of appeal, usually do not continue to run during the court holidays and may be suspended or interrupted. After the court holidays end, any remaining time for such deadlines is available to the parties, unless otherwise specified. Exceptions exist if the court expressly orders the continuation or conduct of a proceeding during the holidays.
Which deadlines are affected by suspension during court holidays?
The suspension of deadlines during court holidays generally applies, pursuant to § 222 of the Code of Civil Procedure (ZPO), to all procedural deadlines arising by judicial order or statutory provision—this includes, in particular, appeal, appeal substantiation, revision, and response deadlines, as well as deadlines for lodging complaints. However, so-called substantive law deadlines (e.g., statutory limitation or withdrawal periods) or deadlines in expedited, arrest, or interim injunction proceedings are not suspended. Deadlines in criminal proceedings, labor court judgments, and other special proceedings are likewise generally unaffected by the holiday rule. The suspension starts on the first day of court holidays and ends upon their conclusion, so the remaining period resumes immediately afterward.
What applies to scheduled dates that fall within the court holidays?
During court holidays, oral hearings, taking of evidence, or announcements of judgments in civil cases are generally not to be held. However, the law allows courts to set dates during this time upon application or for important reasons, e.g., in particularly urgent cases or when all parties give their express consent. The decision lies with the respective judicial body. If a hearing date is set within the court holidays, the parties must be duly summoned, and the appointment is valid unless further procedural obstacles exist. Nevertheless, the scheduling of hearings during this period remains the exception.
How do court holidays affect interim injunctions and expedited proceedings?
The rules on court holidays generally do not apply to interim injunctions and expedited proceedings. This is because these types of proceedings are aimed at speed and timely decisions by nature. The courts are therefore obliged to process applications for interim measures or attachments and issue decisions even during court holidays. Deadlines within these proceedings continue to run uninterrupted and are not suspended by court holidays. Oral proceedings or emergency pronouncements can also be scheduled in this type of procedure at any time.
Are there differences between the federal states regarding the regulation of court holidays?
The regulations on court holidays are essentially uniformly prescribed at the federal level in the Code of Civil Procedure and apply to all ordinary courts in Germany. The determination of the precise duration of court holidays (generally July 1 to August 31 each year) is also regulated uniformly nationwide. However, courts may independently organize and distribute emergency services to a limited extent by means of internal organizational decisions. In correctional services or other specialized areas, there may be state-specific deviations in practice, but these do not affect the fundamental legal provisions.
What happens to filing deadlines that would expire during court holidays?
If a procedural deadline for submitting a written statement or legal brief would expire during court holidays, it is automatically extended to the end of the third day after the conclusion of the court holidays. Therefore, the parties have a minimum period after the holidays to submit their documents in due form and time. This regulation is intended to ensure that parties and their legal representatives are not disadvantaged due to the limited availability of courts during the holidays. For deadlines not subject to the suspension effect of court holidays, no extension is available.
What role do court holidays play in complaint proceedings?
In complaint proceedings that fall under the Code of Civil Procedure, the provisions concerning the suspension and extension of deadlines during court holidays must also be observed. If a deadline for lodging or substantiating a complaint falls within this period, it is also suspended until the third working day after the end of the court holidays. In exceptional cases—such as urgent proceedings—the court may expressly order in the complaint procedure that the court holiday rule does not apply. The parties will be explicitly informed of this by the court.
