Joined appeal – Definition, legal basis, and areas of application
Die Joined appeal is a procedural legal instrument that plays a significant role in German procedural law, particularly in the area of legal remedies. It allows a person involved in an appeal proceeding to join an appeal already filed by another party without having to file their own appeal within the deadline, thereby also achieving a review of the first-instance decision by the appellate court. The joined appeal thus serves to promote procedural efficiency and legal protection in appeal proceedings.
Legal basis of the joined appeal
Code of Civil Procedure (ZPO)
The joined appeal in civil procedure can be found especially in provisions such as § 524 ZPO, where the term specifically refers to the joined appeal in appellate proceedings. In actual appeal proceedings, however, the joined appeal is not explicitly regulated in the ZPO, but derives from the legal concept of § 64 FamFG and is also recognized in civil proceedings.
FamFG (Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction)
An explicit regulation of the joined appeal is contained in § 66 paragraph 3 FamFG. According to this, any party aggrieved by an appeal may in turn file a joined appeal as long as the appeal proceedings are still pending.
Other procedural codes
In the area of social, labor, and administrative court proceedings, the joined appeal is generally possible by analogy, provided there are no conflicting special statutory provisions.
Function and purposes of the joined appeal
Expansion of legal protection
The joined appeal allows in particular opponents of the appeal or other parties to the proceedings to assert their own appeal objectives, which they may have waived during the original proceedings or for which they did not file their own appeal. The joined appeal thus provides for more effective legal protection in the second instance.
Procedural economy aspects
Since the joined appeal does not trigger a separate proceeding, but takes place within the already pending appeal, it contributes to the concentration of proceedings and the avoidance of missed legal remedies.
Requirements and admissibility of the joined appeal
Right to appeal
In principle, only parties to the proceedings who are aggrieved by the original decision are entitled to file a joined appeal. The exact status of the parties results from the respective procedural rules.
Time limit and form
The joined appeal must generally be submitted no later than the expiry of the response period to the appeal or as long as the appeal proceedings are still pending. It must be declared in writing to the appeal court. A minimum form requirement applies if the main legal remedy requires a specific form; this also applies to the joined appeal.
Dependency on the main appeal
The admissibility and continued existence of the joined appeal are tied to the main appeal. If the main appeal is withdrawn or inadmissible for other reasons, the effect of the joined appeal also lapses.
Effect and scope of the joined appeal
Binding effect and scope of review
Like the original appeal, the joined appeal is aimed at the review and modification of the first-instance decision with respect to the appellant and the joined appellant. The appellate court examines within the scope of each party’s submissions.
Penetration of res judicata
The effect of the joined appeal is that even after the regular appeal deadline has expired, a correction of the first-instance decision in favor of the joined appellant is still possible, provided that another appeal has been timely filed.
Difference from an independent appeal
Die Joined appeal differs from the independent appeal mainly by the lack of an original time limit and by its dependence on the main appeal. While the independent appeal initiates a separate proceeding, the joined appeal remains accessory to the main appeal.
Examples of application for the joined appeal
Family procedure law
In family law, the joined appeal is regularly significant in custody and access rights as well as maintenance matters, for example, when additional parties want to submit their own applications in the appeal proceedings.
Procedural law of voluntary jurisdiction
The joined appeal is significant in probate matters, guardianship proceedings, or other matters governed by the FamFG.
Case law and literature on the joined appeal
The case law of major courts of instance (especially higher regional courts and the Federal Court of Justice) emphasizes both the procedural efficiency advantages and the required adherence to aspects of fairness. Literature points out the variable interpretation of the admissibility requirements for different types of proceedings.
Summary
The joined appeal is an important supplementary remedy in German procedural law. Its purpose is to allow parties who initially did not file an appeal themselves to obtain judicial review of the first-instance decision under certain conditions. Thus, the joined appeal serves both to safeguard legal protection and to promote procedural efficiency. Its application is regulated in detail by law and is subject to specific requirements of admissibility and validity, which depend on the relevant procedural codes.
Further literature
- MüKoZPO/Heinrich, 6th edition, § 66 FamFG
- Zöller, ZPO, § 567 ff.
- Keidel, FamFG Commentary, § 66 FamFG
Keywords: joined appeal, appeal proceedings, appeal, FamFG, right of appeal, procedural law, legal protection, accessory intervention, law of legal remedies
Frequently Asked Questions
What time limit applies for filing a joined appeal?
According to § 524 (2) sentence 2 ZPO, the joined appeal may only be filed within the time limit for responding to the appeal. This period generally begins with the service of the statement of appeal and is usually two weeks, unless the court sets a different time limit. It is mandatory to submit the joined appeal to the appeal court within this period; late submission is inadmissible and will be rejected as such. The time limit is also observed if the joined appeal is made in a written submission received in time by the competent appeal court. A reinstatement to the previous status is only possible under the strict conditions of §§ 233 ff. ZPO if the time limit was missed without fault.
What is the effect of withdrawing or the inadmissibility of the main appeal on the joined appeal?
The joined appeal is constructed as a dependent form of appeal. This means that its admissibility and continued existence depend on the main appeal. If the main appeal is withdrawn, declared inadmissible, or otherwise concluded for any reason, the joined appeal also lapses pursuant to § 524 (4) ZPO. The continuation of the proceedings concerning the joined appeal is therefore strictly tied to the main appeal. This applies even if the joined appeal appears to be well-founded — it loses its procedural effect in any case as soon as the main appeal is no longer pending.
Can a joined appeal be filed against all decisions?
A joined appeal is only admissible insofar as it is directed at the same subject matter that is already the subject of a main appeal. It can only be filed in those appeal proceedings where a so-called main appeal is permissible, for example in family court or guardianship proceedings as well as in other proceedings where the law provides for an appeal. In proceedings where no regular appeal is possible or where the appeal is excluded, a joined appeal is also not an option. However, the joined appeal does not independently expand the subject matter of the appeal; rather, it serves the more efficient conduct of proceedings as well as ensuring equal treatment of parties.
Is the joined appeal subject to a specific form?
The same formal requirements apply to the joined appeal as to the main appeal itself. That is, in accordance with § 64 FamFG, § 569 ZPO (depending on the applicable procedural law), it must be submitted in writing or electronically to the competent appeal court. The written submission must specify the challenged decision, contain a concrete application, and provide a reasoning. Where required by law, it must be signed by a qualified Rechtsanwalt. Compliance with these formal requirements is mandatory; otherwise, the joined appeal may be rejected as inadmissible.
What is the relationship between the joined appeal and the joined appeal in appellate proceedings?
The joined appeal is the counterpart to the joined appeal in appellate (Berufungs-) proceedings as provided in § 524 ZPO. Both forms of remedy are dependent and require the filing of a principal legal remedy. The technical function of both instruments is to allow both parties to launch attacks against the challenged decision without having each filed the respective main remedy in due time. The effect and the link to the filing of the main remedy are designed almost identically in both types of proceedings, although their areas of application differ.
Can the joined appeal also be filed after the main appeal deadline has expired?
A joined appeal is specifically designed for cases where the party in question has not submitted (or not timely submitted) a main appeal, but may respond once an (duly lodged) main appeal has been filed by the opposing party. However, a separate time limit applies for the joined appeal, namely the time limit for responding to the main appeal. After this period, the filed joined appeal is excluded. The purpose of this regulation is to promote the concentration and acceleration of the appeal proceedings and to provide the parties with legal certainty.
Can new grounds and means of attack or defense be introduced with the joined appeal?
Unlike the main appeal, the joined appellant can generally not introduce new facts or evidence that have not previously been submitted, unless the requirements for subsequent consideration under the applicable procedural codes (for example, § 531 (2) ZPO for subsequent submissions in appellate proceedings) are met. The joined appeal essentially allows for supplementary legal arguments or auxiliary applications, but is generally restricted with regard to the introduction of new actual circumstances not previously raised in the first instance. The aim is to concentrate proceedings and to avoid procedural delays.
