Definition and Fundamentals of Judgment Proceedings
Das Judgment Proceedings is a central term in German civil procedure law and refers to judicial proceedings that conclude with a decision in the form of a judgment. In contrast to other forms of decision-making, such as resolution proceedings or interim injunctions, the judgment proceedings aim for the final clarification of disputed legal relationships. It is primarily used in the ordinary jurisdiction, especially before civil courts, but also in some areas of labor, administrative, social, and fiscal courts.
Historical Development of Judgment Proceedings
The current rules governing judgment proceedings are based on a long historical development. As early as the General German Courts Constitution Act of 1877, the fundamental structures were established, which were significantly shaped by the Code of Civil Procedure (ZPO). Over the 20th and 21st centuries, the regulations of judgment proceedings have been further refined through reforms and adaptations – notably in the context of the Judicial Modernization Act.
Regulatory Framework and Distinction from Other Types of Proceedings
Code of Civil Procedure (ZPO)
The ZPO regulates the judgment proceedings in §§ 253 et seq. Judgment proceedings are characterized by strict procedural principles, such as the principle of party presentation, party autonomy, orality, and immediacy of the hearing before the court.
Distinction from Resolution Proceedings
Judgment proceedings must be distinguished from resolution proceedings, in which the decision takes another form and is often rendered after summary examination. In judgment proceedings, the decision is made by a judgment, which regularly involves a complete clarification of the facts and an oral hearing.
Areas of Application
While judgment proceedings primarily apply in lawsuits before civil courts, certain proceedings – e.g., family matters in voluntary jurisdiction – are decided by resolution.
Procedure and Steps of Judgment Proceedings
Initiation of Judgment Proceedings
Judgment proceedings are initiated by filing a lawsuit pursuant to § 253 ZPO. This requires a sufficiently specific statement of claim and a substantiated presentation of the cause of action.
Preparation of the Oral Hearing
After the claim is filed, the court examines its admissibility and then initiates either the written preliminary proceedings or sets an early first appointment (§§ 275, 276 ZPO). The parties are requested to comment, pleadings are exchanged, and any preparatory measures are taken.
Main Hearing and Taking of Evidence
In the oral hearing (§ 128 ZPO), the parties are heard, evidence is taken (witnesses, experts, documents), and the facts are comprehensively clarified. The principle of orality requires at least one party to be heard orally.
Decision-Making and Announcement of the Judgment
After the evidence has been taken and the facts discussed, the court summarizes its decision in a judgment, which is either pronounced or served on the parties pursuant to § 311 ZPO. The judgment may be enforceable if no remedy is filed or provisional enforceability has been ordered.
Types of Judgments in Judgment Proceedings
In judgment proceedings, a distinction is made in particular between:
- Final judgment: Decides on the entire subject matter of the dispute and ends the proceedings at that instance.
- Partial judgment: Decides on part of the subject matter of the dispute, while the proceedings continue for the rest.
- Basic judgment: Decides on the existence or non-existence of the claim on the merits, before deciding on the amount or scope (§ 304 ZPO).
- Default judgment: Is issued when a party fails to appear without excuse (§§ 330, 331 ZPO).
Legal Remedies in Judgment Proceedings
Various legal remedies can be lodged against judgments in judgment proceedings:
- Appeal: Judgments of the Local Courts (Amtsgerichte) and Regional Courts (Landgerichte) at first instance can be appealed (§§ 511 et seq. ZPO).
- Revision: Appeal judgments may, under certain conditions, be reviewed by the Federal Court of Justice (Bundesgerichtshof) (§§ 542 et seq. ZPO).
- Complaint: In individual cases, an immediate complaint is admissible against certain decisions (§§ 567 et seq. ZPO).
The time limits and requirements for the respective remedies are governed by the relevant provisions of the ZPO.
Costs and Consequences of Judgment Proceedings
The procedural costs in judgment proceedings consist of court fees and any attorney’s fees. The allocation of costs is usually based on the ratio of winning and losing (§§ 91 et seq. ZPO). Upon the judgment becoming final and binding, formal and substantive res judicata take effect, so that the subject matter of the dispute cannot be brought before the court again.
Specific Forms in Other Jurisdictions
Labor Jurisdiction
Labor court proceedings in the form of a judgment also follow the basic structure of the ZPO, but contain special provisions, e.g., regarding conciliation hearings and workplace conciliation procedures.
Administrative Jurisdiction
In administrative proceedings under the Code of Administrative Court Procedure (VwGO), actions for annulment, obligations, and declaratory judgments may be decided in judgment proceedings. The administrative court may also render interlocutory judgments.
Social and Fiscal Jurisdictions
In social court proceedings (SGG) and before fiscal courts (FGO), judgment proceedings are also the standard and generally follow the principles of the ZPO, adapted to the special features of the procedural codes.
Significance and Practical Relevance of Judgment Proceedings
Judgment proceedings are the classic and comprehensively regulated means for resolving disputes before state courts in Germany. They guarantee the rule-of-law handling and resolution of civil disputes, ensure legal certainty, and make sure that court decisions are made in a binding and enforceable manner for all parties involved. The procedural rules of judgment proceedings contribute significantly to legal peace through transparency, judicial independence, and party autonomy.
Literature and Further Sources:
- Code of Civil Procedure (ZPO)
- Code of Administrative Court Procedure (VwGO)
- Social Court Act (SGG)
- Fiscal Court Code (FGO)
- General textbooks and commentaries on German procedural law
Frequently Asked Questions
What are the most common reasons for initiating judgment proceedings?
Judgment proceedings are generally initiated in accordance with the Code of Civil Procedure (ZPO) when there are disputed facts or legal issues between the parties to a legal dispute that require binding clarification. Typical reasons include: the existence of a claim (e.g., payment actions, actions for performance) that is not satisfied out of court; disputes over rights in rem (e.g., claims for restitution of property); disputes concerning contractual or tortious claims; or the need for a declaratory judgment on the existence or non-existence of a legal relationship (declaratory action). Judgment proceedings may also become relevant in labor law, family law, as well as administrative and social law, if classical forms of decision such as a resolution or payment order are not applicable.
What procedural stages exist in judgment proceedings?
Judgment proceedings are typically divided into several procedural stages: First, the claim is filed with the competent court by statement of claim. After service of the complaint on the defendant, the statement of defense is submitted with a presentation of defenses. In the written preliminary proceedings, the court examines the admissibility and merits of the claim. This is followed by the oral hearing, in which evidence is taken and arguments are exchanged. Finally, the court issues a judgment that resolves the disputed legal matter in a binding manner. Remedies (appeal, revision) can, if applicable, be lodged against the judgment. The enforceable title arising from the judgment enables compulsory enforcement in a potential subsequent step.
What role does the taking of evidence play in judgment proceedings?
The taking of evidence is a central component of judgment proceedings, since the court can only decide on the basis of proven facts. In the context of taking evidence, means of proof such as witnesses, documents, expert opinions, inspection, or examination of parties are used. The court determines which evidence is required and summons the relevant witnesses and experts for the oral hearing. The parties have the right to participate in the taking of evidence and to ask questions. The aim is to reconstruct the actual facts as precisely as possible in order to enable an accurate legal assessment in the judgment.
What is the difference between a contested and an acknowledged judgment?
A contested judgment is issued when the court, after conducting judgment proceedings, fully or partially decides on disputed issues between the parties. In contrast, a so-called acknowledgment judgment is issued at the request of a party when the opposing party in the oral hearing expressly or implicitly agrees to or acknowledges the claim. In both cases, the proceedings end with a judgment, but the reason for the decision differs: in a contested judgment, it is based on the actual taking of evidence and clarification of facts, in an acknowledgment judgment on the acknowledgment submitted.
What legal remedies are available against a judgment in judgment proceedings?
After a judgment is issued, various legal remedies are available depending on the value in dispute and the type of court proceedings. First-instance judgments of the Local Courts and Regional Courts can generally be challenged by appeal, provided the appeal amount or the interest requiring permission is exceeded (§§ 511 et seq. ZPO). Against judgments of the Regional Courts acting as courts of appeal or the Higher Regional Courts, revision to the Federal Court of Justice is possible, provided that the first instance court or the court of appeal has permitted the revision (§§ 542 et seq. ZPO). In addition, in special cases, a complaint against refusal of leave to appeal is possible. These remedies serve to review the judgment for legal errors. In addition, certain judgments can also be challenged by immediate complaints or constitutional hearing complaints.
How is a judgment enforced in judgment proceedings?
In principle, the judgment provides an enforceable title pursuant to § 704 ZPO if it has become final and binding or has been declared provisionally enforceable. The party in whose favor the judgment has been rendered may enforce it against the losing party. This is carried out by applying for an enforcement order from the competent bailiff or by attachment or auction of the debtor’s assets. Enforcement is generally possible only upon application and upon presentation of an enforceable copy of the judgment. The limits of enforcement are set by the provisions of the ZPO and further special statutory rules (e.g., §§ 704-945a ZPO).
What special features apply to judgment proceedings with an international element?
In judgment proceedings with an international element, numerous private international law (PIL) and procedural peculiarities must be observed. The decisive factor is whether the international jurisdiction of German courts is given on the basis of EU regulations (in particular Brussels Ia Regulation), bilateral agreements, or under the ZPO (in particular § 32 ZPO, venue). In addition, the applicable law must be determined; the relevant legal system is usually determined on the basis of the Rome I or Rome II Regulation (for obligations). Specific rules apply to the recognition and enforcement of foreign judgments according to the Brussels Ia Regulation, the Lugano Convention, or § 328 ZPO. Judicial service abroad may also be complicated and dependent on additional formal requirements. International legal transactions thereby make judgment proceedings more complex and increase the demands on the parties involved and their legal representation.
