GKG | Bedeutung & Erklärung

Act on Court Fees in Family Matters and in Matters of Voluntary Jurisdiction (Court Costs Act, GKG)

The Court Costs Act (abbreviated: GKG) is a central statute of German cost law. It comprehensively regulates the levying, calculation, and reimbursement of court costs in civil proceedings, in certain matters of voluntary jurisdiction, as well as in family matters. The GKG forms the legal basis for fees and expenses in judicial proceedings and thus creates legally secure conditions for the financing of the ordinary courts.

Legal Basis and Scope of Application

Statutory Background

The GKG was first promulgated on December 15, 1975 and entered into force on January 1, 1977. It replaced the previously applicable Court Costs Act in its 1962 version. The present version was comprehensively revised and adapted to modern procedural law during the cost law modernization in 2004.

Scope of the GKG

The GKG is particularly applicable to civil court proceedings, including:

Civil lawsuits before the Local, Regional, and Higher Regional Courts,
Family matters before the Family Courts,
Matters of voluntary jurisdiction, unless they fall under the Court and Notary Costs Act (GNotKG),
Appeal procedures.

The GKG is generally not applicable to cost matters in the areas of criminal law, administrative law, social law, tax law, and labor law, for which specific cost laws apply (e.g., the Court Costs Act for Family Matters and Matters of Voluntary Jurisdiction [FamGKG], the GNotKG, the Act on Costs in Matters of Voluntary Jurisdiction for Courts and Notaries, etc.).

Personal and Material Scope of Application

In principle, the parties to a court proceeding are liable for court costs, unless the GKG provides for exceptions. The material scope concerns the types of proceedings specified in § 1 GKG and encompasses both court fees and court expenses.

Systematics of Court Costs under the GKG

Court Fees

Under the GKG, court fees are divided into different types:

Proceedings fees: These generally arise when a lawsuit or an application is filed with the court (§ 6 GKG).
Hearing fees: Are due for certain court hearings or sessions.
Decision fees: Arise upon the issuance of a judgment or court order.

The exact amount is determined by the value in dispute (§§ 3 ff. GKG) and Annex 1 to the GKG (Schedule of Costs).

Court Expenses

In addition to the fees, expenses may arise, for example for witnesses, experts, translations, or service of documents (§§ 7 ff. GKG). These are to be reimbursed in addition to the calculation of fees.

Debtors and Advance Payment Obligation

Debtors of court costs

Debtors are those persons who, under the GKG, are required to pay court costs. According to § 22 GKG, these are particularly the plaintiffs and applicants, but other parties to the proceedings can also be held liable as the proceedings progress.

Advance Payment Obligation

According to § 12 GKG, there is generally an obligation to pay in advance: The court may make the conduct of certain procedural acts dependent on the payment of an advance fee. If payment is not made within a specified period, the court may dismiss the claim or application as inadmissible.

Calculation of Court Costs and Value Provisions

Determination of the amount in dispute or object value

The amount of court costs depends on the value in dispute or the object value (§ 3 GKG). This is either set by law or determined by the court. The exact fee amount is derived from the fee schedule attached to the GKG as an annex.

Consultation of the Fee Schedule

The fee schedule (Schedule of Costs, Annex 1 to the GKG) lists the relevant fee rates according to the value in dispute for various types of proceedings. This table is binding for cost assessment.

Exemptions and Reductions of Fees

Exemptions from Court Costs

Certain proceedings are wholly or partially exempt from court costs under the GKG (§ 65 GKG), e.g., proceedings under the Legal Advice Act or proceedings concerning the issuance of court certificates. In some social law or administrative law contexts, the statute provides further exemptions from fees.

Reductions and Discounts

In certain situations, the GKG provides for a reduction or discount of fees, for example, in the event of withdrawal of the claim (§ 21 GKG), settlement of the dispute on the merits, or in the case of a settlement.

Decision on Costs and Cost Reimbursement

Decision on Court Costs

The court generally decides the allocation of court costs in its judgment or order in accordance with §§ 91 ff. Code of Civil Procedure (ZPO) in conjunction with the provisions of the GKG.

Reimbursement of Court Costs

Reimbursement of court costs depends on the outcome of the proceedings. The losing party is generally required to bear the costs of the proceedings, including the court costs. Exceptions are provided by legal aid and by specific statutory or contractual agreements.

Remedies and Legal Redress

An objection against the judicial assessment of costs is possible (§ 66 GKG). This is a specific right of objection or complaint with regard to the amount or the legitimacy of the assessed court fees and expenses.

GKG in Relation to Other Cost Laws

Within the context of cost law, the GKG is closely interwoven with other statutes. Essential provisions are also found in the Lawyers’ Remuneration Act (RVG), in the Court and Notary Costs Act (GNotKG), and in various special cost statutes, for example for administrative or labor court proceedings. In case of a conflict or overlap of jurisdictions, § 1 GKG regulates the precedence of application.

FamGKG and GNotKG

For specific types of proceedings, in particular family matters, the so-called Act on Court Costs in Family Matters (FamGKG) provides the legal basis for costs and replaces the GKG in this respect; notarial and register matters are generally covered by the GNotKG.

Significance and Practical Relevance

The GKG ensures a structured, fair, and transparent framework for the collection of court costs in civil litigation. It protects the legitimate interests of judicial financing and at the same time ensures a balanced cost risk for the parties involved in court proceedings. These provisions are of central importance for calculating legal disputes, for the business planning of companies in the event of litigation, and for public authorities.

References

Althammer/Schneider (eds.), Court Costs Act, Commentary, current edition
Hartmann, Cost Laws, Text Edition with Explanations, C.H. Beck, current edition

Note: The above explanations provide a general overview of the legal structure of the Court Costs Act (GKG). For more detailed information, please refer to the text of the law and further literature.

Frequently Asked Questions

What must be considered regarding court costs when filing a lawsuit under the GKG?

Upon filing a lawsuit, the court cost advance required for the respective instance must generally be paid, pursuant to the Court Costs Act (GKG). Court costs are assessed according to the amount in dispute, which is either specified by the plaintiff or must be determined by the court. Without payment of the advance, a lawsuit is regularly considered inadmissible or will not be pursued further (§ 12 para. 1 GKG, § 67 GKG). The advance must be paid within a deadline into one of the court’s accounts. The proceedings will start only after receipt of the full advance. If the amount in dispute changes during the process, for example due to extension or withdrawal of the claim, an additional payment or reimbursement of costs may be required.

Who is required to pay the court costs under the GKG?

According to § 28 GKG, the party obligated to pay is, in principle, the one who files a fee-incurring application or initiates proceedings, usually the plaintiff or applicant. If at the end of the proceedings a cost decision is made as provided in procedural regulations (e.g., §§ 91 ff. ZPO), the court may assign liability for costs to another party or several parties proportionally. The GKG does not govern how the party ultimately processes internal cost allocation — this occurs after the court’s costs decision and, if applicable, within the cost-assessment proceedings (§ 104 ZPO in conjunction with § 1 GKG).

Are there exceptions to the obligation to pay court costs under the GKG?

Yes, the GKG does provide for exceptions in certain cases. According to § 2 GKG, proceedings for which statutory exemption from court fees applies are not charged court costs. This applies, for example, to welfare-related proceedings or proceedings before the Social Court where a recipient of benefits under SGB II is the claimant. The court can also grant legal aid (§ 114 ZPO) upon application if the relevant personal and financial requirements are met and sufficient prospects of success exist. In this case, the state treasury will initially cover the costs, which may later be reclaimed from the defendant or from the aid recipient themselves if their financial circumstances improve.

How are court fees calculated in detail under the GKG?

The amount of court fees is determined according to the value in dispute and the tables of fees set out in Annex 1 to § 34 GKG. The main fee for first-instance proceedings before a Regional Court is usually 3.0 fees (No. 1210 KV GKG), while different fee rates may apply in other proceedings or instances. The amount in dispute is calculated based on material and, if applicable, non-material claims, with the court determining the value either according to the claim or its economic significance. There are special rules for certain types of proceedings, such as family or inheritance law. Additionally, different fees may apply to specific motions, such as preliminary injunctions.

How and when are court costs reimbursed under the GKG?

The reimbursement of court costs is governed by the court’s decision on costs (§ 104 ZPO). If a party wins the case, it will regularly be reimbursed the court costs advanced by the losing party. If a matter is concluded, for example by withdrawal of the claim or settlement, the allocation of costs depends on the specific agreement or according to §§ 91a, 98 ZPO. The GKG itself mainly regulates fee liability and collection of costs, but not reimbursement between the parties. For excess costs paid, for example in the case of a reduction of the amount in dispute or partial withdrawal of a claim, the GKG (§ 21) provides for reimbursement upon application, processed by the court cashier’s office.

Are enforcement measures also subject to the GKG?

Yes, fees under the GKG also apply for the conduct of enforcement measures. For enforcement proceedings before the court (e.g., foreclosure auctions, compulsory administration, enforcement against movables), separate fees are charged in accordance with the GKG fee schedule, the amount of which depends on the value of enforcement. There are specific fee numbers for these in the GKG fee register. For measures carried out by a court bailiff, the Court Bailiff Fees Act (GvKostG) applies, but the GKG remains applicable for court enforcement acts.

What special provisions apply to appeals and complaints under the GKG?

For appeal and complaint procedures, the GKG provides for its own fee rates, which are also based on the amount in dispute (§ 34 GKG, Nos. 1220, 1230 KV GKG). Here, too, the appropriate advance payments must be made upon filing the legal remedy. The relevant value is the one affected by the legal remedy (amount in dispute on appeal). A special feature is that, upon withdrawal of the legal remedy or waiver, fee reductions (§ 19 GKG) may be possible under certain circumstances. For determination of the amount in dispute in appeal proceedings, § 47 GKG applies, under which the appeal court sets the value at its reasonable discretion when it was not determined in the first instance or changes as a result of the appeal.