Definition and Legal Classification of the Supplementary Judgment
The supplementary judgment is a term from German civil procedure law. It refers to a judicial decision by which an initially incomplete judgment is retrospectively supplemented by a part that had not yet been decided. The supplementary judgment is an important corrective tool to ensure the enforcement of the parties’ right to be heard and the completeness of the court’s decision. The legal basis is § 321 of the German Code of Civil Procedure (ZPO).
Requirements for a Supplementary Judgment
Material and Formal Requirements
A supplementary judgment can only be issued under certain conditions. In particular, in the main judgment, an application must have been completely or partially disregarded without having been settled by the dismissed parts or the reasoning of the decision. The requirements at a glance:
- Existence of a Main Judgment: The supplementary judgment requires a previously issued judgment.
- Error of Incompleteness: The court has not decided on a point in dispute or an actual application (so-called “judgment deficit”).
- Lack of Sufficient Consideration: The omission must not have already been settled by the reasons for the decision or other parts of the judgment.
- Timely Application: The party must file an application for a supplementary judgment within two weeks after service of the judgment, see § 321 para. 2 ZPO.
Differences from Other Correction Procedures
The supplementary judgment differs from other corrective possibilities such as the rectification order under § 319 ZPO (correction of clerical or arithmetic errors) and the procedure for correction of findings under § 320 ZPO (correction of findings). While these types of proceedings aim to correct obvious errors, the supplementary judgment serves to substantively complete the decision where a ruling on an application was omitted.
Procedure and Process of Supplementation
Application Submission
The application for the issuance of a supplementary judgment may be filed by any party who is aggrieved by the incomplete decision. The two-week period begins upon service of the judgment; even a non-final judgment can be supplemented upon application.
Jurisdiction and Procedure
Jurisdiction for the supplementary judgment lies with the court that issued the incomplete judgment. The procedure is generally conducted without an oral hearing, unless the court considers one necessary or a party requests it. The supplementary judgment supplements the main judgment and is identical to it in substance and legal effect.
Scope of Supplementation
The supplementary judgment may decide only on the expressly omitted points. Any further modification or substantive correction of already adjudicated parts is inadmissible.
Legal Remedies against the Supplementary Judgment
The supplementary judgment is an independent judgment and is therefore itself subject to the same legal remedies that are permitted against civil judgments, in particular appeal and revision, provided the respective requirements are met. The legal remedies can be directed against both the supplementary judgment and the original judgment, to the extent that the latter is to be appealed.
A special case arises when the supplementary judgment alters the first-instance decision in such a way that for the first time a legal remedy is available, or the amount in dispute is reached or exceeded due to the supplementation. In this context, a renewed review of the entire proceedings is possible.
Legal Nature and Effects of the Supplementary Judgment
The supplementary judgment is procedurally a full-fledged judgment. It has the same legal effect as the main judgment, in particular res judicata. The binding effect henceforth applies to the judgment in its form as completed by the supplementary judgment. The supplementary judgment enters into force retroactively at the time the main judgment was pronounced.
If a supplementary judgment is issued, the period for filing a legal remedy against the overall judgment (main and supplementary judgment) recommences upon its service, provided a complete decision exists for the first time.
Supplementary Judgment in the Law of Costs
The costs of the supplementary judgment are determined in accordance with the same principles as any other judgment. In the supplementary judgment, the court must also decide on the costs incurred through the supplementary decision. Generally, the decision on costs follows §§ 91 et seq. ZPO.
Applications and Practical Significance
In judicial practice, the supplementary judgment is particularly relevant in complex proceedings with several applications, if an application is inadvertently omitted. The possibility of a supplementary judgment is crucial for maintaining procedural fairness and for the avoidance of errors. The supplementary judgment is likewise an important instrument for ensuring the right to be heard.
Distinction from Similar Legal Institutions
Rectification Order under § 319 ZPO
If there is only a clerical or calculation error, the rectification procedure applies, not the supplementary judgment.
Correction of Findings under § 320 ZPO
The correction of findings concerns the documentation in the judgment, but not the supplementation of a substantive decision.
Action for Retrial and Nullity Action
The supplementary judgment must also be distinguished from the action for retrial and nullity action, which are essentially used to assert serious procedural errors or new facts.
Literature and Further Provisions
- Code of Civil Procedure (ZPO), in particular § 321 ZPO
- Palandt, Civil Procedure Law (Commentary)
- Munich Commentary on the ZPO
- Thomas/Putzo, ZPO
- Legal encyclopedias with a focus on civil procedure law
Summary
The supplementary judgment is a central institution in German civil procedure. It serves to retrospectively supplement a judgment if an application has unintentionally not been decided. The judicial procedure is strictly formally regulated, and the supplementary judgment is equivalent to the original judgment. It contributes significantly to ensuring complete legal protection and procedural fairness.
Frequently Asked Questions
What conditions must be met for the issuance of a supplementary judgment?
Certain conditions must be met for the issuance of a supplementary judgment. On the one hand, in the original judgment, a decision regarding a factually contentious and legally relevant application, or an aspect to be considered ex officio, must have been omitted, even though it was ready for decision. This concerns, for example, claims for performance, declaratory actions, or other issues pending a final decision by the court, which were not addressed in the main judgment. Furthermore, this deficiency must, according to § 321 ZPO (Civil Procedure Code), be objected to by an application from the affected party—generally within a mandatory period of two weeks following service of the judgment. In addition, it is necessary that the case does not involve a situation in which a judgment supplement in the form of clarification (§ 321a ZPO) or of rectification (§ 319 ZPO) would be appropriate instead. It is also important that the supplementary request exclusively relates to the retrospective decision on applications already submitted by the parties but not yet ruled upon—a retrospective modification or extension of the original decision is inadmissible.
Which deadline must be observed for applying for a supplementary judgment?
The deadline for applying for a supplementary judgment is specified by law in § 321 para. 2 ZPO and is two weeks. This period begins with the service of the complete judgment to the party seeking the supplementary judgment. If the party misses this mandatory deadline, a supplementary application is generally inadmissible and the affected party must, if necessary, resort to other remedies such as an appeal. It should be noted that the two-week deadline is a so-called mandatory period, which cannot be extended and does not allow for reinstatement except where expressly permitted by law (§ 233 et seq. ZPO).
What legal remedies are available against a supplementary judgment?
The same legal remedies are generally available against a supplementary judgment as against the original main judgment. This means that an appeal, revision or—where admissible—immediate complaint may be filed. The scope of the remedy corresponds to the scope of the supplementation: The remedy may relate to the entire judgment or only to the supplementary judgment, if the disputing party objects only to the supplemental decision. Furthermore, it should be noted that the period for an appeal or revision with regard to the decisions made in the supplementary judgment only begins to run upon its service, if those decisions were not already made known through the main judgment.
In which cases is a supplementary judgment excluded?
A supplementary judgment is excluded, among other things, if the asserted error does not involve a genuine failure to decide, but rather an incomplete justification, a mere motivational error, or any other legal error on the merits. Supplementation is also excluded in cases that are subject to correction within the meaning of § 319 ZPO (obvious spelling and calculation errors) or clarification within the meaning of § 321a ZPO. Furthermore, a supplementary judgment may only be issued on facts and legal issues that were already ready for decision in the proceedings and should have been part of the judgment. Subsequent amendments or corrections—such as in response to new facts or events—are not permissible via a supplementary judgment.
Must the court hear the parties again before issuing a supplementary judgment?
Yes, before issuing a supplementary judgment, a renewed hearing of the parties is generally required. The proceedings for the issuance of a supplementary judgment constitute an independent, albeit closely connected, procedure to the main proceedings. Under § 321 para. 1 in conjunction with § 128 para. 2 ZPO, the parties must be given an opportunity to comment on the missing part of the decision. In certain circumstances, the court may also decide without an oral hearing if the parties waive it (§ 128 para. 2 sentence 2 ZPO) or if the circumstances do not require further discussion.
What substantive requirements must a supplementary judgment fulfill?
The supplementary judgment is an independent judgment which, although it refers to the main judgment and its reasoning, must explicitly supplement the missing part. It requires an understandable presentation of the facts, the reasoning, and the result concerning the previously untreated point in dispute. In particular, the supplementary judgment must clarify which part of the original claim it refers to and which reasons are decisive for its resolution. Furthermore, the parties who made submissions on the issue and were disadvantaged by the initial omission must be expressly named.
How does a supplementary judgment affect the res judicata effect of the main judgment?
The supplementary judgment supplements the main judgment and forms a legal unit with it. With regard to the additional part, res judicata takes effect only with the supplementary judgment, whereas for the other parts already decided in the main judgment, res judicata takes effect upon its service. This may be particularly relevant for the determination of deadlines and the filing of legal remedies. An amendment of the original decision contained in the main judgment by the supplementary judgment is legally excluded; clarification relates exclusively to previously unadjudicated portions of the matter in dispute.
