Definition and significance of the judgment formula
Die Judgment formula is an essential component of every court judgment in German civil procedure law as well as in numerous other procedural codes. It refers to the summary, condensed pronouncement by the court regarding the legal relationship decided in the judgment. The judgment formula contains the actual decisions on the claims and counterclaims and thus forms the core of the judgment. Its legal force and binding effect distinguish it from the mere reasoning of the judgment.
The judgment formula records the official outcome of the judicial decision and is decisive for its enforceability and the breakthrough of its legal force. All other parts of the judgment—especially the reasons for the decision—do not create immediate binding or enforceable effects, but rather serve to explain and justify the pronouncement made in the judgment formula.
Statutory bases
Judgment formula in civil proceedings
In civil proceedings, the judgment formula is expressly regulated in Section 313 (1) No. 4 ZPO (Code of Civil Procedure). There, it states that the judgment contains “the decision on the subject matter of the dispute with a brief reasoning in terms of facts and law (reasons for the decision) as well as the judgment formula” as an independent section. The procedural laws of other legal fields (e.g., Code of Criminal Procedure, Code of Administrative Court Procedure) contain comparable provisions.
Structure of the judgment formula
The judgment formula follows directly after the heading (designation of the parties) and the phrasing of the judgment. It usually consists of the following elements:
- Decision on the main matter (e.g., “The action is dismissed.” or “The defendant is ordered to pay the plaintiff 5,000 EUR.”)
- Decision on ancillary claims such as interest
- Decision on the costs of the proceedings
- Decision on preliminary enforceability
- if applicable, further ancillary decisions (e.g., regarding the value in dispute)
- if necessary, provisions regarding protection from enforcement or provision of security
Function and legal effect of the judgment formula
Binding effect (legal force)
The judgment formula assigns binding and enforceable effect to the judgment. Only the pronouncements made in the judgment formula are subject to formal und substantive legal force. This means that the parties are bound by the decision and, in a subsequent proceeding, the same subject matter cannot be litigated again (ne bis in idem, § 322 ZPO).
Enforceability
An enforcement title arises exclusively through the judgment formula. Only the orders contained in the judgment formula can, for example, be enforced by compulsory execution (§ 704 ZPO). The clarity, definiteness, and enforceability of the judgment formula are therefore indispensable.
Distinction from reasons for the decision and heading
The judgment formula must be strictly distinguished from the reasons for the decision and the heading. While the heading merely identifies the parties to the proceedings and the reasons for the decision provide the judicial reasoning, it is the judgment formula that contains the actual decision with binding and enforceable effect.
Requirements for the design of the judgment formula
Requirement of specificity
According to § 253 (2) No. 2 ZPO, the parties’ motion must already be worded so as to be sufficiently specific. This applies even more to the judgment formula: the decision must be so clear and definite that the parties and, if applicable, enforcement officials (e.g., bailiffs) can ascertain what can be enforced without recourse to interpretation, sketches, or supplementary files.
Ambiguous, equivocal, or contradictory pronouncements can lead to significant practical issues and are therefore inadmissible. If the judgment formula is indeterminate, this can constitute an obstacle to enforcement or be challenged in appellate proceedings.
Permissible contents
Only legally relevant decisions and pronouncements are included in the judgment formula, never factual findings or hypothetical considerations. The judgment formula may include:
- Judgments for performance (e.g., payment, surrender, tolerance, injunction)
- Judgments for declaration (e.g., “The employment relationship continues.”)
- Judgments altering legal relationships (e.g., divorce, rescission of contracts)
Examples of judgment formulas
- “The defendant is ordered to pay the plaintiff 2,000 EUR plus interest of 5 percentage points above the base rate since 01.01.2023.”
- “The claim is dismissed.”
- “It is determined that the employment relationship between the parties was not terminated by the defendant’s notice of 15.05.2023.”
Judgment formula in criminal proceedings
In criminal proceedings (§§ 260, 267 StPO), the judgment formula is also of central importance. It includes, among other things:
- Ruling on guilt and punishment
- Ancillary penalties or consequences (e.g., driving ban, forfeiture)
- Decision on costs
- Decision on pre-trial detention or security measures
Here as well, only the judgment formula creates immediate legal effect. Its precise formulation and complete normative content are essential for the launch of legal remedies and for subsequent enforcement.
Errors in the judgment formula: correction and consequences
Incorrect, incomplete, or contradictory judgment formulas can lead to serious problems. The law provides for the possibility of correction for obvious clerical and calculation errors under § 319 ZPO. Non-obvious errors can be challenged in appellate or retrial proceedings. However, correction is only permissible to the extent that the substantive decision is not changed thereby.
Defective judgment formulas can—depending on their seriousness—render the title ineffective or at least prevent its enforceability.
Judgment formula in other procedural codes
The function of the judgment formula as a central element of judicial decisions is found in virtually all procedural codes:
- Administrative jurisdiction: § 117 VwGO (Code of Administrative Court Procedure)
- Social court jurisdiction: § 136 SGG (Social Code Book IX — Social Court Act)
- Fiscal jurisdiction: § 105 FGO (Fiscal Court Code)
- Labor court jurisdiction: § 46 ArbGG in conjunction with § 313 ZPO
Depending on the field of law, additional or differing requirements regarding the form and content of the judgment formula may be imposed, for example, regarding specific ancillary decisions or the consequences for the persons involved.
Judgment formula in the context of legal force and remedies
The scope of the legal force of a judgment is determined by the content of the judgment formula (§ 322 ZPO). Therefore, for strategic litigation, it is crucial how far-reaching and comprehensive the judgment formula is drafted. In appellate proceedings (appeal, revision), it is primarily examined whether the judgment formula was lawfully issued and matches the parties’ applications.
Conclusion
The judgment formula forms the core of a court judgment and defines its legal binding effect, enforceability, and binding character. Its precise, definite, and complete formulation is essential for the practical effectiveness of judicial decisions. Understanding the function, effect, and requirements of the judgment formula is of fundamental importance for all participants in court proceedings. It must always be ensured that the judgment formula meets the statutory requirements as well as the procedural and substantive requirements in order to fully fulfill its central legal role.
Frequently asked questions
Which components must a judgment formula include?
The judgment formula constitutes the formal decision statement at the end of the operative part of a judgment and is substantively shaped by the statutory requirements of the respective procedural law. In civil proceedings according to § 313 No. 4 ZPO, the judgment formula regularly includes the decision on the main issue (e.g., judgment for or against the claim), any cost decision, and the order on preliminary enforceability. In criminal proceedings, the judgment formula according to Section 260 (4) StPO particularly contains the decision on guilt and sentence and includes ancillary decisions such as measures, forfeiture, and costs. Judgment formulas in administrative court proceedings are governed by § 117 VwGO and contain the decision on the main issue, costs, and, where applicable, preliminary enforceability. The given procedural situation, specific types of action, or joinders of parties may result in differentiated and multipart judgment formulas whose structure serves the clarity, definiteness, and binding effect of the court’s decision.
What is the purpose of the judgment formula in a judgment?
The judgment formula constitutes the legally binding and enforceable part of a judgment and clearly separates the operative decision from the reasoning. It determines the content and scope of substantive legal force as well as the limits of compulsory enforcement or other enforcement measures. Moreover, the judgment formula enables the parties — and third parties, such as enforcement agencies — to recognize precisely and unambiguously what decision the court has actually made. Enforceability (which is governed, for example, in the Code of Civil Procedure by § 704 ZPO) arises exclusively from the judgment formula and not from the reasoning, highlighting the vital role of this section in the judgment.
Must the pronounced operative part and the written judgment formula be identical?
According to procedural requirements, the written judgment formula must, as a rule, correspond to the operative part recited at pronouncement to ensure the identity of the judicial decision and to exclude any subsequent substantive change. Deviations or additions can constitute a significant procedural error and may even give rise to a violation of the right to be heard under Article 103 of the Basic Law. Corrections after pronouncement are only permissible within the narrow confines of §§ 319, 321 ZPO (correction of clerical errors or decision on ancillary points). Significant changes, such as in the determination of performance, are inadmissible and can lead to the judgment being set aside in appellate proceedings.
How is partial success or partial dismissal in the presence of multiple subject matters handled in the judgment formula?
The judgment formula must clearly reflect the decision for each subject matter or application. Partial successes or dismissals must be stated strictly and in a differentiated manner. For example, if some of several claims are granted in full or in part, the formula must be structured accordingly. In the case of alternative or cumulative claims, it is important to present clearly the scope of what is granted. Judicial partial judgments or interim decisions also require a separate judgment formula to precisely determine the scope of substantive legal force and immediate enforceability.
What role does the judgment formula play for the legal force and enforceability of the judgment?
The judgment formula has a direct impact on legal force and enforceability. The binding effect pursuant to § 322 ZPO (substantive legal force) applies exclusively to what is pronounced in the judgment formula. Only the operative part can no longer be the subject of a decision in a subsequent proceeding (ne bis in idem). Moreover, the judgment is usually enforceable only to the extent of its judgment formula, pursuant to § 704 ZPO for judgments of performance. Any ambiguities or omissions in the judgment formula result in significant uncertainties in compulsory enforcement and, in individual cases, may even make enforcement impossible.
How are cost decisions made, particularly in the case of multiple parties?
The decision on costs is a mandatory part of the judgment formula (§ 308 (2) ZPO, § 464 StPO, § 154 VwGO). Where there are multiple parties, the costs must be allocated in a differentiated manner. The court must determine in what proportion the parties bear the costs (e.g., according to success or failure, apportionment, or joint and several liability). The formula must also indicate any exceptions or special features, such as the separation of individual amounts in dispute or cost privileges. An unclear cost decision creates the risk of the judgment being unenforceable regarding cost reimbursement.
What special features apply to the judgment formula in specific types of proceedings?
Depending on the type of proceedings, different or supplementary statutory requirements exist. In family, labor, or social court proceedings, there are specific features concerning the operative part, such as special rules on maintenance payments, child custody, or the termination of employment contracts (§ 313 (2) ZPO, § 117 SGG, § 46 ArbGG). In criminal and administrative offence proceedings, ancillary consequences, forfeiture, measures, or driving bans are especially relevant. In administrative law, measures under §§ 113 et seq. VwGO, such as judgments for performance or declaration, must be phrased in the operative part unambiguously. The judgment formula must always be adapted to the given facts, parties’ constellation, and aims of the proceedings.
