Definition and significance of the final judgment
Das Final judgment, also known as a terminal judgment, is a central term in German procedural law. It is a court decision that definitively resolves the entire subject matter of a dispute in an instance and generally brings the instance proceedings to an end. The final judgment plays a significant role especially in civil, criminal, and administrative procedures and regularly marks the end of a judicial process.
Distinction from other types of judgments
Interlocutory judgment
An interlocutory judgment differs from a final judgment in that it does not decide on the entire subject matter, but only on a preliminary legal question or a severable part of the subject matter (e.g., preliminary question on the admissibility of the claim under Section 280 ZPO).
Partial judgment
A partial judgment is a decision relating to a severable part of the subject matter in dispute. Unlike the final judgment, it concludes the proceedings only in relation to part of the claims.
Default judgment
A default judgment is issued if one party defaults during the proceedings. A default judgment can also serve as a final judgment, provided it covers the entire subject matter in dispute.
Legal basis of the final judgment
The final judgment is set out in German law, in particular in the Code of Civil Procedure (ZPO) as follows:
- Section 300 ZPO: Provisions on the final judgment in civil proceedings
- Section 313 ZPO: Requirements for the reasoning of judgments
Comparable provisions exist in the Criminal procedure (Sections 260–264 StPO), in the administrative procedure law (Section 113 VwGO), as well as in social and financial court procedures.
Jurisdiction and issuance of the final judgment
The court of the respective instance decides via judgment following the oral hearing, unless the parties reach a different conclusion (e.g., settlement, withdrawal of action). The final judgment is issued after the hearing has concluded and the judges have deliberated. It is usually pronounced in a public session.
Content and structure of the final judgment
According to Section 313 ZPO, a final judgment must include the following components:
- Identification of the parties and their legal representatives
- Identification of the court
- Date of the oral hearing
- Operative part (decision in full wording)
- Statement of facts (presentation of the facts – except in summary proceedings)
- Reasons for the decision (explanation of the legal reasoning)
- Signatures of the judges
In criminal proceedings, in addition to the verdict or acquittal, the judgment also contains findings on the sentence and, if applicable, other collateral consequences.
Effects of the final judgment
Formal legal force
A final judgment, once it attains legal force, is fundamentally binding as to the resolved subject matter (formal legal force), as soon as it can no longer be challenged by ordinary appeal (e.g., appeal, revision).
Substantive legal force
Upon attaining formal legal force, the final judgment generally has substantive legal force (Section 322 ZPO), which precludes a new decision on the same matter between the same parties (the so-called ‘res judicata’ effect).
Binding effect for the court
The court is bound by its decision. An amendment or correction is only possible within narrow statutory limits (e.g., by reopening of proceedings or correction of the ruling’s wording).
Remedies against the final judgment
A final judgment can in principle be contested by the statutory remedies:
- Appeal (Section 511 ZPO): Against judgments by the District and Regional Courts
- Revision (appeal on points of law) (Sections 542 ff. ZPO): Available in individual cases
- Complaint: In certain cases (e.g., special procedural constellations)
- Leap revision (Section 566 ZPO): Under particular conditions
If the appeal period expires unused, the final judgment becomes legally binding both formally and materially.
Special features and legal consequences
Partial final judgments
In exceptional cases, a final judgment can refer only to a severable part of the subject matter, if the remaining parts are dealt with by partial judgments or other procedural closures.
Binding effect vis-à-vis third parties
The substantive legal force of the final judgment generally only binds the parties to the proceedings. Third parties are not directly affected.
Enforceability
Once served on the parties, a title from a final judgment is generally enforceable through compulsory execution by means of an enforceable copy pursuant to Sections 704 ff. ZPO.
Significance in other procedural codes
Analogous concepts to the final judgment exist across the various branches of jurisdiction, although the procedural rules and requirements may vary. In administrative, social, and fiscal proceedings, the structure of the terminal judgment is designed with similar effects and requirements.
Suggested literature
For an in-depth account of the final judgment and its legal consequences, consult commentaries on the ZPO, in particular Sections 300, 311, and 322 ZPO, as well as procedural law textbooks.
Summary:
The final judgment is a court decision that ends the instance by issuing a conclusive ruling on the entire subject matter in dispute. Its legal force precludes a renewed hearing on the same dispute, and it often constitutes the prerequisite for compulsory enforcement measures. The available remedies against final judgments are stipulated by law and provide the parties with protection against incorrect decisions. The systematic structure of procedure and adherence to formal requirements ensure legal certainty and transparency in German procedural law.
Frequently Asked Questions
What are the legal consequences of a final judgment in civil proceedings?
A final judgment in civil proceedings has comprehensive legal effects: it definitively ends the instance with regard to the subject matter decided by the judgment. The parties are bound by the findings and declarations in the final judgment, unless the judgment is entirely or partially set aside by legal remedy proceedings (appeal, revision). Once the final judgment attains legal force, it enjoys so-called formal and substantive legal force (Section 322 ZPO): the issue is then conclusively settled and cannot be re-litigated between the same parties in another proceeding (‘ne bis in idem’). Moreover, the final judgment may form the basis for enforcement measures (Section 704 ZPO).
Which instances can issue a final judgment?
A final judgment can, in principle, be issued by any instance of the civil process — whether the District Court, Regional Court, Higher Regional Court, or the Federal Court of Justice — provided that the proceedings are ready for decision and all procedural requirements are met. A final judgment is usually delivered at the end of the fact-finding stage but can also be rendered by higher instances (appeal, revision) when the court is empowered to make a conclusive decision on the matter.
How does the final judgment differ from the interlocutory judgment?
The final judgment differs substantially from the interlocutory judgment: while the final judgment conclusively resolves the entire subject matter in dispute and thereby ends the proceedings to that extent, an interlocutory judgment only addresses specific preliminary or intermediary questions — typically the admissibility of the action (Section 280 ZPO) or the existence of a claim in principle (Section 304 ZPO). After an interlocutory judgment, the proceedings continue with regard to the contested claim until a final judgment is rendered. Only the final judgment produces substantive legal force.
What legal remedies are available after a final judgment is issued?
The parties can use the admissible legal remedies against a final judgment, especially appeal (Sections 511 ff. ZPO) and, under certain conditions, revision (Sections 542 ff. ZPO), provided that the statutory prerequisites are satisfied, in particular regarding the value of the claim and permissions. The lodging and substantiation of legal remedies are subject to strict deadlines and formal requirements. After exhausting all instances and attaining legal force, the judgment is generally unchangeable; only under specific circumstances are extraordinary legal remedies (e.g., reinstatement, restitution action) still available.
What are the formal requirements for a final judgment?
A final judgment must comply with the general formal requirements for court judgments (Sections 313, 315 ZPO). It must be issued in writing and contain, in particular, the parties, the court, the date of decision, the operative part, the reasons for the judgment, and the signatures of the deciding judges. Furthermore, the judgment must clearly specify the subject matter and provide comprehensible reasons for the decision. Proper service is required for the judgment’s validity and especially for the commencement of any applicable appeal periods.
Are there exceptions where no final judgment is issued?
Yes, there are situations in which, instead of a final judgment, a different procedural instrument is used to terminate the proceedings — for example, a judgment dismissing the action on procedural grounds if the action is inadmissible, a default judgment (Sections 330 ff. ZPO) in the event of a party’s default, a judgment by admission (Section 307 ZPO) if the claim is admitted, or a court settlement (Section 278 VI ZPO). Also, when there is a declaration that the principal matter is resolved or the claim is withdrawn, the proceedings are not terminated by a final judgment, but rather, for instance, by a court order.
What binding effect does a final judgment have for subsequent proceedings?
A final judgment has both formal and substantive legal force (Section 322 ZPO): the decision is binding for the parties and the court insofar as the subject matter has been decided. It has a binding effect for later proceedings (preclusion effect), prevents double trials (ne bis in idem), and — for instance, with regard to preliminary questions — may, in principle, be relevant for third parties, provided they are included within the personal scope of legal force (intervention effect under Section 68 ZPO). This serves legal certainty and aims to avoid conflicting decisions.
