Appeal against denial of leave to appeal

In this article, we will take a detailed look at the concept of non-admission appeal in civil procedure. It is important to note that there are different types of grievance procedures, depending on the type of dispute (e.g., civil, criminal, or administrative). In this article, we focus exclusively on civil litigation.

Introduction

A non-admission appeal is a legal remedy under German civil procedural law that can be filed if an appeal against a judgment of the court of appeal has not been allowed. The non-admission appeal seeks to have the appellate court (usually the Federal Court of Justice) subsequently review the admission of the appeal and, if necessary, allow the appeal.

Requirements for a complaint of non-admission

1. Non-admission of the appeal: The non-admission appeal can only be considered if the court of appeal has not admitted the appeal.
2. Significance of the case: The appeal may only be filed if the case is of fundamental importance or if the further development of the law or the safeguarding of uniform case law requires a decision by the appellate court.
3. Deadlines: The appeal against non-admission must be filed within a certain period. In Germany, this period is one month from service of the full judgment.
4. Reasoning: The appeal against non-admission must be substantiated. This means that the party filing the appeal must specifically state why the appeal should be allowed.

Procedure for appeal against non-admission

1. Filing of the appeal: The appeal of non-admission is filed by submitting a notice of appeal to the court whose decision is challenged.
2. Reasons for the appeal: Within a certain period after filing the appeal, the appeal must be substantiated. The statement of grounds must set out the reasons for allowing the appeal.
3. Response of the opposing party: The opposing party has the opportunity to respond to the complaint and to present its view of the matter.
4. Decision of the Court of Appeal: The Court of Appeal shall examine whether the requirements for the admission of the appeal have been met. It may allow the appeal or dismiss the appeal.

Significance of the appeal against non-admission

The appeal of non-admission plays an important role in civil procedure by ensuring that parties have the opportunity to seek higher judicial review if they believe that their case is of fundamental importance or that the appellate court made errors that warrant review. It serves as an additional control and contributes to legal certainty and the development of the law.

Risks and costs

The filing of a non-admission appeal involves costs and often requires the hiring of an attorney. In addition, there is a risk that the appeal will be dismissed. It is therefore advisable to carefully consider whether this is justified before filing a complaint of non-admission and, if necessary, to seek legal advice.

Difference from revision

While an appeal is a legal remedy aimed at reviewing the judgment of an appellate court for errors of law, a complaint of non-admission aims at obtaining leave to appeal if the appeal was not initially granted. The complaint of non-admission is thus a preliminary stage to the appeal.

Concluding remarks

The appeal against non-admission is an important legal remedy in German civil procedure law. It allows parties to seek leave to appeal if they believe their case is of fundamental importance or that the appellate court erred. However, it is important to consider the costs and risks and seek legal advice if necessary.

It is also important to note that there are different types of grievance procedures, depending on the type of dispute (e.g., civil, criminal, or administrative). In this article, we have focused exclusively on civil litigation.