Term and definition of the joinder procedure
Das Joinder Procedure is a term used in German law that describes various legal contexts in which a new procedure is attached to or combined with an already ongoing or completed main procedure. The aim of the joinder procedure is to promote procedural economy and ensure consistency in decisions. The term can have several specific forms in civil procedure law, criminal procedure law, administrative law, social law, as well as in patent and trademark law.
Joinder procedure in civil procedure law
General meaning
In civil procedure law, a joinder procedure refers to the later involvement of an additional party or another matter in an existing procedure. Key regulations can be found in the German Code of Civil Procedure (ZPO).
Types of procedures
Joinder of parties
A common form of the joinder procedure is the so-called joinder of parties according to §§ 59 ff. ZPO. In this case, multiple parties join together to assert or defend certain claims within a single proceeding. This can also take place at a later stage of the process, for example through third-party intervention.
Amendment and Extension of Claims
In a broader sense, the joinder procedure also includes the amendment (§ 263 ZPO) and extension of claims, provided these are initiated by a new party and join the existing proceedings.
Third-party intervention
A third party may, according to § 66 ZPO, join proceedings to support one of the parties as a so-called intervenor. This approach is also often referred to as a joinder procedure.
Joinder procedure in criminal procedure law
Terminological classification
In criminal procedure law, the joinder procedure refers in particular to acts of procedure in which another party – typically a joint plaintiff – joins the main proceedings.
Joint prosecution and joining
Joint prosecution under § 395 StPO is the prototype of a joinder procedure in criminal law. Victims of certain criminal offenses have the possibility to join as joint plaintiffs in the criminal case and exercise their own rights.
Adhesion procedure
Another example is the so-called adhesion procedure (§§ 403 ff. StPO). Victims of a crime can assert civil law claims (e.g., for damages or compensation for pain and suffering) within the criminal proceedings by joining the procedure via a joinder.
Joinder procedure in administrative and social law
Administrative law context
In administrative procedures, affected third parties can strengthen their legal position through a joinder procedure. For example, joining the procedure is possible in association lawsuits or under the Environmental Remedies Act (UmwRG) to assert one’s own rights in the original proceedings.
Particularities in social law
In the social law context, the joinder procedure is of considerable importance. In proceedings before the social courts (§ 75 SGG), additional parties may join, for example if their rights are affected by the proceedings. A classic case is the joined party as an included party (Beigeladener).
Joinder procedure in patent, trademark, and protective rights law
Proceedings before the German Patent and Trademark Office (DPMA)
In proceedings before the DPMA, the holder of a right may participate in ongoing opposition, cancellation, or appeal proceedings through a joinder or join an already initiated procedure (§ 59 PatG).
Opposition and appeal proceedings at the EPO
At the European level, the joinder procedure exists primarily within opposition proceedings and appeals at the European Patent Office (EPO), where parties may file cross-appeals or counterstatements.
Procedural and legal significance of the joinder procedure
Procedural economy and legal certainty
The joinder procedure serves to enhance the effectiveness and efficiency of judicial and administrative processes. It avoids duplicate procedures and contradictory decisions by bundling related legal disputes for a joint decision.
Participation rights and legal positions
Through the joinder procedure, affected parties gain additional opportunities to assert their interests and rights. At the same time, joinder procedures are sometimes subject to special prerequisites and time limits.
Cost and fee considerations
Participation in proceedings through joinder may have an impact on costs and fees. Under certain conditions, the joining party must bear a share of the procedural costs, in particular if their position is unsuccessful.
Case law and literature
The structure of the joinder procedure is shaped by a multitude of landmark court decisions. Key rulings by the Federal Court of Justice (BGH), the Federal Administrative Court (BVerwG), and the Federal Constitutional Court (BVerfG) specify the rights and obligations of the parties involved in a joinder procedure.
Summary
The joinder procedure is an important procedural tool in various areas of German law. It enables the inclusion of additional parties or claims in ongoing proceedings, improves the efficiency of judicial decision-making, and safeguards the rights of all participants. The exact design and admissibility of a joinder procedure vary depending on the judicial or administrative context and are subject to the relevant legal provisions.
Frequently asked questions
Which legal frameworks govern the joinder procedure in German administrative law?
The joinder procedure is governed in German administrative law in particular by the Code of Administrative Court Procedure (VwGO). Relevant sections are § 74 VwGO (time limit and form of bringing an action) and § 110 VwGO (joinder appeal and appeal on points of law by joinder). However, the joinder procedure can also appear in other legal fields, such as the Code of Civil Procedure (ZPO), where the joinder appeal is permitted under § 524 ZPO. The legal frameworks regulate in detail under which conditions a party involved in ongoing proceedings, in addition to the actual plaintiff or appellant, may assert their own (counter-)claims or objections. It is essential that the joinder serves to pursue one’s own rights arising from the facts at issue, without having to initiate a separate procedure. Compliance with set time limits, admissibility and form, as well as the connection to the subject matter of the main proceedings, are regulated in detail by law.
Which deadlines must be observed for initiating a joinder procedure, and what are the consequences of missing a deadline?
In the administrative field and especially before the administrative courts, the time limit for initiating a joinder procedure usually depends on the service of the statement of claim or the appeal proceedings. For the joinder appeal under § 524(2) ZPO, for example, it must be lodged no later than within the period for responding to the appeal. In administrative court proceedings, the response period is likewise decisive. If the deadline is missed, the joinder procedure is generally inadmissible and will not be considered by the court. Reinstatement to the previous state is only possible under strict conditions and with appropriate substantiation (§ 60 VwGO). This underscores the high importance of deadlines in connection with the joinder procedure.
What formal requirements does the law impose on a joinder application?
The law requires that the joinder application be submitted in writing and within the deadline to the competent court. The application must clearly indicate to which main proceedings and which subject matter it relates. In particular, for joinder appeals under § 524 ZPO, the appeal must be expressly designated as such and justified; this means the applicant must provide both the factual and legal reasons on which their defense or counterclaims are based. The same applies accordingly in administrative proceedings (see § 110 VwGO). Unspecific, informal, or unclear applications may be rejected by the court.
What is the effect of a joinder procedure on the main proceedings and the parties involved?
A properly initiated joinder procedure is procedurally joined with the main proceedings. This means it is heard and decided together with the main claim. The parties are given the opportunity not only to respond to the opponent’s claim but also to assert their own claims, which allows for a more comprehensive clarification of legal relations. The decision on the joinder claim is rendered in the same judgment as the main proceedings. Pursuant to § 308(1) ZPO or the corresponding administrative procedural norm, the court is bound by the applications filed. If the main proceedings are lost (e.g., due to withdrawal of the claim), the joinder procedure generally also becomes moot (§ 524(4) ZPO, §§ 88, 92 VwGO).
Can a joinder procedure be initiated after the deadlines set in the main proceedings have expired?
As a rule, it is not possible to join the main proceedings after the statutory deadlines have expired. Compliance with the respective deadlines for joining is mandatory. Missing the deadline results in the inadmissibility of the joinder procedure. However, under certain strict conditions, an application for reinstatement may be filed if the applicant can credibly show that they were prevented from observing the deadline through no fault of their own (§ 60 VwGO). In practice, however, this is a high hurdle and is granted only restrictively.
What differences exist between the main action and the joinder procedure in the system of legal protection?
The main action is the original legal claim by which the plaintiff asserts his or her rights before the court for the first time. The joinder procedure, on the other hand, is a subsequent legal remedy which allows the defendant (and in certain circumstances other parties to the proceedings) to pursue their own counterclaims or defensive measures (e.g., by counterclaim or joinder appeal) within the same dispute. Thus, the joinder procedure is an instrument to serve the principle of procedural economy: it aims to prevent unnecessary parallel proceedings. Substantively, however, the joinder procedure remains accessory to the main action – without ongoing main proceedings, a joinder procedure generally cannot exist.
In which cases is a joinder procedure inadmissible or excluded?
A joinder procedure is inadmissible if the legal requirements are not met, e.g., if deadlines are not observed, formal requirements are disregarded, or the specific application is not related to the subject matter of the main proceedings. In addition, joinder to already legally concluded or otherwise settled proceedings is generally excluded. A joinder procedure is also inadmissible if it seeks to assert new matters not previously part of the proceedings, unless they are closely connected to the original claim. Particular limitations also arise with certain types of proceedings, such as isolated annulment actions, where counterclaims are generally not permissible.
