Definition and Significance of “Feriensachen” in Law
The term “Feriensachen” in German law refers to matters that can or must be handled or decided by the courts during court holidays. The term is particularly relevant in the Code of Civil Procedure (ZPO) as well as in other procedural codes. Feriensachen are characterized by being exempt from the general reduction of court business during the holiday period. They are subject to special legal regulations intended to ensure a prompt legal resolution.
Legal Basis
Court Holidays: Background and Regulation
Court holidays take place annually pursuant to § 202 of the Courts Constitution Act (GVG), generally from July 15 to September 15. During this period, the courts’ work is generally limited. The aim is to provide court personnel (judges, Rechtsanwalt) with a continuous vacation period while also maintaining the judiciary’s functionality in urgent cases.
Entitlement and Definition of Feriensachen
Feriensachen are defined in § 220 para. 2 GVG and in the respective provisions of each procedural code. These are legal matters whose resolution must not be delayed due to court holidays, as they are particularly urgent or must be given priority for statutory reasons.
Types and Examples of Feriensachen
Feriensachen in Civil Procedure Law
In civil proceedings, Feriensachen include, for example:
- Preliminary injunctions and orders (§§ 935 ff. ZPO)
- Attachment proceedings (§§ 916 ff. ZPO)
- Family matters with interim measures (e.g. provisional arrangements for access/visitation)
- Proceedings for interim legal protection in tenancy law, labor law, etc.
These proceedings can and must be dealt with by the courts even during court holidays. The respective procedural codes (e.g., § 220 para. 2 GVG in conjunction with §§ 935 ff. ZPO) specify which matters qualify as Feriensachen.
Feriensachen in Criminal Procedure Law
In criminal procedure law, the following matters are particularly classified as Feriensachen:
- Decisions in custody matters (pre-trial detention, imprisonment)
- Legal protection in pre-trial detention and suspension of sentence
- Decisions concerning deprivation of liberty
Handling these matters during court holidays is strictly required, as they are related to fundamental and essential rights to personal liberty.
Feriensachen in Administrative Law
In administrative court proceedings, matters qualify as Feriensachen as determined by specific regulations. These include in particular:
- Applications for interim legal protection (e.g., applications under § 123 VwGO)
- Cases with particular urgency (e.g., asylum matters, urgent building law proceedings)
Feriensachen in Labor Court Proceedings
Certain expedited proceedings must also be handled during court holidays in labor court proceedings, particularly interim injunctions, dismissal protection proceedings with special urgency, or provisional continuation of employment.
Procedural Special Features
Handling and Jurisdiction During Court Holidays
During court holidays, special panels (‘holiday service’) are set up for dealing with Feriensachen, replacing the chambers or senates normally responsible. The holiday service is responsible for all matters qualifying as Feriensachen and ensures that urgent cases can be dealt with promptly rather than being postponed until after the court holidays.
Deadlines and Legal Remedies
Court holidays can affect the running of deadlines. According to § 222 para. 1 ZPO, certain deadlines are suspended during court holidays, unless they concern Feriensachen. For Feriensachen, the regular deadline rules apply; there is no suspension, and any appeal periods continue to run as normal.
Distinction from Other Legal Matters
Not all urgent matters are automatically treated as Feriensachen. The legislator has established a specific catalogue of factual proceedings and legal issues that must also be handled during the court holiday period. For example, the handling of general court business without special urgency or legal exception is usually postponed during court holidays.
Practical Significance
Feriensachen ensure the rule of law and effective legal protection even when court operations are limited. For those affected, Feriensachen particularly provide legal certainty and protection in existential situations, such as those related to coercive measures, deprivation of liberty, or urgent interim decisions.
Further Regulations
The specific design and handling of Feriensachen are regulated in the relevant procedural codes. The Code of Civil Procedure, Code of Criminal Procedure, Administrative Court Rules, and other special laws provide detailed requirements concerning the type, scope, and procedure for Feriensachen.
Literature and Web Links
- Courts Constitution Act (GVG), especially §§ 202, 220-222
- Code of Civil Procedure (ZPO)
- Code of Criminal Procedure (StPO)
- Administrative Court Rules (VwGO)
- Labor Court Act (ArbGG)
Summary: Feriensachen are a legally defined category of legal matters that, even during restricted court operation, must not be suspended during court holidays. As a rule, they concern issues of significant urgency and are of considerable practical relevance for preserving effective legal protection and safeguarding fundamental rights in exceptional situations. Their determination, handling, and procedural treatment are comprehensively regulated by law and ensure continuous, legally certain administration of justice even during court holidays.
Frequently Asked Questions
Who is responsible for providing and maintaining Feriensachen under German law?
There is no explicit statutory regulation in German law for the provision and maintenance of so-called Feriensachen, that is, personal items a child takes with them to the other parent during the holidays. In principle, responsibility arises from custodial obligations and, in individual cases, from the child’s specific needs and the visitation agreement between the parents. It is commonly assumed that the parent with primary care is responsible for equipping the child with everything necessary for the holiday stay, including, for example, clothes, medication, sports equipment, or special gear. This follows from the fact that the custodial parent must regularly meet the child’s daily needs. However, parents can agree otherwise within the framework of visitation rights, specifying which Feriensachen the child should bring or receive at the destination. Should disputes arise, these can, if necessary, be resolved in court, with the family court always prioritizing the child’s welfare.
How is liability regulated if Feriensachen are damaged or lost while with the other parent during visitation?
Liability for damaged or lost Feriensachen is generally governed by the standard civil law provisions of the German Civil Code (BGB). The parent entitled to visitation is required to exercise the due care of a reasonable parent for all items entrusted during visitation, § 276 BGB. If items are nevertheless lost or damaged, the parent is only liable in cases of intent or gross negligence. Simple negligence, especially in connection with age-appropriate behavior of the child, does not typically establish liability. If there are doubts about a breach of duty of care, the burden of proof lies with the parent making the claim. In practice, such cases are often difficult to prove and are therefore rarely successfully enforced.
Can Feriensachen be included in maintenance agreements?
Yes, Feriensachen may be included in maintenance agreements. During separation or divorce, parents can agree on which costs for the acquisition or provision of specific Feriensachen (e.g., ski equipment, bicycles, electronic devices) are to be borne by the maintenance debtor. In principle, these costs are already covered by the regular child maintenance payments, as long as they represent ordinary needs. Only extraordinary, irregular costs may be claimed as so-called additional or special needs in accordance with § 1613 BGB. An express contractual arrangement provides legal certainty for both parents.
What legal options are available in disputes over the return or surrender of Feriensachen?
In case of disputes over the return or surrender of Feriensachen, parents have various legal remedies available. The first step should always be to seek an amicable solution, such as mediation by the youth welfare office. If this fails, the relevant parent can apply to the family court for a surrender order under § 604 BGB (loan) or claim damages under § 280 BGB. The court then considers in each case whether an obligation to surrender exists and when it should be fulfilled. Courts pay particular attention to the welfare of the child and what is reasonable for both parents.
Is there an obligation to provide an inventory list when handing over Feriensachen?
There is no legal obligation to create a list or inventory of Feriensachen. However, in practice, it is frequently recommended to avoid later disputes. Such an arrangement can be made informally or contractually between the parents and is particularly advisable for expensive or numerous items. It has evidentiary value in the event of legal proceedings. Without such documentation, it is difficult to prove which items were handed over or the condition in which they were returned if a dispute arises.
What happens if Feriensachen are not returned after the holidays?
If Feriensachen are not returned after visitation or the holiday stay, the parent entitled to the items may demand their return. An out-of-court request should be made first. If the other parent still fails to comply, a claim for return under § 985 BGB (claim for return of property) may be filed in court. The claim may also include compensation in value if the items are no longer available or have become unusable. For minor children, the parent with whom the child lives typically asserts the claim.
Can Feriensachen be explicitly regulated in a visitation arrangement?
Yes, within a visitation arrangement under § 1684 BGB, it is possible to expressly agree on the handling of Feriensachen. Such an arrangement can be part of a court settlement or an out-of-court parental agreement to avoid potential misunderstandings and future conflicts. It can cover aspects such as taking along, returning, maintenance, and cost allocation for Feriensachen in detail. If such agreements are included in a court order, they are also enforceable if necessary. This increases the binding effect and legal certainty for both parents.
