Extension of the claim
The extension of the claim is a central concept in civil procedural law and refers to the subsequent expansion of the originally asserted claim during ongoing court proceedings. It enables the claimant to modify, increase, or supplement the claims already raised. The legal framework and admissibility of the extension of the claim are detailed in the respective procedural codes, primarily in the Code of Civil Procedure (ZPO).
Definition and fundamentals
The extension of the claim constitutes a modification of the subject matter of the dispute in already pending proceedings. This can occur by increasing the amount in dispute, adding additional claims, or expanding to further subjects of the claim. The primary objectives of the extension of the claim are procedural economy and the avoidance of multiple proceedings between the same parties concerning related matters.
Distinction from amendment of the claim
The extension of the claim must be distinguished from the amendment of the claim in terms of terminology. While the extension broadens the claim within the existing subject matter of the dispute, an amendment introduces a new subject matter or entirely replaces the objective of the claim application. Both institutions are regulated in § 263 et seq. ZPO and partially overlap in their admissibility requirements.
Requirements and admissibility
The admissibility of an extension of the claim is tied to certain procedural requirements.
Time frame
An extension of the claim is generally possible until the conclusion of the oral hearing in the first instance. Subsequent extensions are subject to strict requirements and are typically inadmissible unless they serve procedural efficiency or concern identical matters.
Procedural requirements under § 263 ZPO
According to § 263 ZPO, an extension of the claim is admissible if
- the defendant consents,
- the court deems the extension expedient.
According to § 267 ZPO, the defendant’s consent is presumed if he or she responds to the matter without objection. Expediency is regularly assumed if the extension appears to allow for a more comprehensive settlement of the dispute and if the proceedings are not significantly delayed as a result.
Formal requirements
The extension of the claim is generally to be submitted in writing and must clearly indicate how the original claim is being expanded. The extension must be communicated to both the defendant and the court to ensure orderly proceedings and the involvement of all parties.
Types of extension of claim
The extension of the claim can take various forms, depending on the individual case and the subject matter of the proceedings.
Extension of the claim application
The most common form consists in increasing the claimed amount, for example a monetary claim. The claimant demands an additional claim or increases the overall amount in addition to the original claim.
Addition of further claims
In addition to an increase in the amount, an additional independent claim can be asserted, such as another claim for performance, a declaratory claim, or a claim for modification.
Objective joinder of actions
If, by means of an extension of the claim, further claims based on different legal grounds or against additional parties are asserted, this is referred to as objective joinder of actions. This is particularly relevant if several independent claims are combined in one proceeding.
Procedural implications
Cost implications
The extension of the claim directly affects the amount in dispute, and thus the court and attorney fees. The increased value of the dispute resulting from the extension must be considered in the calculation of fees. A subsequent increase can thus lead to additional fees.
Effect on the court proceedings
With the approval of the extension of the claim, the subject matter of the dispute is expanded. The court must henceforth include this in the taking of evidence and decision-making process. The parties are entitled to be heard on the newly introduced facts and arguments.
Legal remedies
An immediate complaint may be filed under certain circumstances against the decision to approve the extension of the claim in accordance with § 567 ZPO. The rejection of the extension may generally be appealed with the final judgment.
Extension of the claim in appellate proceedings
Special restrictions apply in appellate proceedings. According to § 533 ZPO, an extension of the claim is only admissible if it is based on facts that the appellate court must consider in any case, or if the opposing party consents and the extension appears expedient. Thus, approval is more restrictive here than in the first instance.
Extension of the claim in labor court proceedings
The principles of extension of the claim also apply in labor court proceedings. The relevant provisions of the ZPO are applicable via § 46 (2) ArbGG. In practice, extensions are common at the conciliation hearing before the labor court, especially with regard to additional claims arising from existing employment relationships.
Limits and inadmissibility
An extension of the claim is inadmissible if it
- is not sufficiently specific (§ 253 (2) ZPO),
- goes beyond the scope of the pending proceedings (lack of expediency),
- concerns extraneous claims that are not connected to the original subject matter of the proceedings.
In such cases, the extension is impermissible, and the court will reject the inclusion of the new claims.
International aspects
In international civil proceedings, the extension of the claim is of particular importance with respect to questions of international civil procedural law and the application of European regulations. Here, the relevant jurisdictional and procedural rules of international private law and the European Union must also be observed.
Literature
- Code of Civil Procedure (ZPO)
- Thomas/Putzo, Code of Civil Procedure
- Musielak/Voit, Code of Civil Procedure
- Stein/Jonas, Commentary on the ZPO
Conclusion: The extension of the claim is an essential instrument for the effective enforcement of claims in civil proceedings. Its legal requirements, limitations, and effects are regulated in detail by procedural law and each require careful evaluation in accordance with statutory provisions. It makes a significant contribution to procedural economy and the comprehensive clarification of legal relationships.
Frequently Asked Questions
What is the effect of an extension of the claim on ongoing proceedings?
An extension of the claim in civil proceedings means that the subject matter the court must decide is expanded retroactively. The extension does not interrupt or suspend the dispute, but it continues seamlessly. The court first examines whether the extension is admissible, particularly whether it expands the existing claim substantively or arithmetically, or whether an entirely new claim is introduced. In the latter case, a different legal review framework may be required. The extension of the claim is generally to be treated as a new joinder of issues, so both the court and the parties must be given the opportunity to comment on the new facts and legal issues. If necessary, the defendant may be granted a reasonable time to respond, especially if the extension is made during an oral hearing. Once the extension is admitted, the judgment will decide on the entire claim, meaning both the original and the extended subject matter.
When is an extension of the claim procedurally admissible?
Procedurally, according to § 263 ZPO, the extension of the claim is generally only admissible with the defendant’s consent or with the court’s approval. The defendant’s consent may be expressly or impliedly given, for example by entering an appearance without objection. If the defendant refuses or does not clearly state consent, the court must decide in the exercise of judicial discretion whether to allow the extension. Criteria for this include the stage of proceedings, reasonableness for the defendant, procedural economy, and the principle of concentrating the proceedings. In addition, special statutory rules, for example in labor court judgment proceedings (§ 46 (2) ArbGG), may have to be considered.
What formal requirements must be observed for an extension of the claim?
The same formal requirements apply to the extension of the claim as to the initiation of proceedings under § 253 ZPO. The extension must therefore be sufficiently specific with respect to both the application and the factual circumstances. If the extension is made in writing, it must be formally served on the court and the opposing party. In oral hearings, it can also be declared for the record. Especially in the case of extensive extensions, it is advisable to file them in writing to avoid errors or ambiguities. The claimant also bears the burden of presentation and proof for the facts included in the extended application.
What is the significance of the extension of the claim for court fees and costs?
The extension of the claim has a direct impact on the amount of court fees and costs, as their calculation is based on the amount in dispute. If the amount in dispute is increased by the extension, an additional court fee is due on the additional amount, which may either be charged retroactively or demanded in advance as a court cost advance. The claimant is obliged, upon request from the court, to provide an additional advance. Otherwise, there is a risk of consequences such as default or an order to stay the proceedings. The same applies to the engagement of attorneys: an increased fee calculation is based on the total amount in dispute, which is affected by the extension of the claim.
Until what point in time can an extension of the claim be made?
An extension of the claim is possible until the conclusion of the oral hearing in the first instance. The decisive time is the end of the final hearing in the trial court during which facts can still be presented and motions filed. After the conclusion of the oral hearing, an extension is generally excluded and can only be pursued by reopening the proceedings (§ 156 ZPO) or by filing a separate new claim. If proceedings are terminated in writing, the time of the court’s order regarding the end of the written submissions period is decisive.
How can the defendant defend against an extension of the claim?
The defendant has several options for responding to an extension of the claim: He or she may expressly object to the extension and request the court to deny it due to lateness or other procedural defects. Furthermore, the defendant may respond to the new factual allegations, in particular by raising his or her own objections and defenses as well as submitting evidence. If the extension appears to be inadmissible (e.g., lack of procedural requirements, insufficient specificity), this may be raised as a plea of inadmissibility. In addition, the defendant may respond with his or her own counterclaims or ancillary motions or even by filing a (counter-)claim.
What are the consequences of an inadmissible extension of the claim?
If the court determines that the extension of the claim is inadmissible – for example, because necessary consents are missing, an impermissible modification of the dispute’s subject matter has occurred, or the extension was filed too late – it will usually be dismissed as inadmissible. In this case, the claimant bears the costs of the extension. The rest of the legal dispute continues with the original subject matter. In exceptional cases, an inadmissible attempt at extension may also lead to delays or additional judicial instructions if, for example, only formal defects are present that can still be remedied.
