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Appeal against non-admission
- Die Beschwerde der Nichtzulassung ist ein wichtiges Instrument im deutschen Verfahrensrecht zur Erlangung von Zulassung zur Berufung.
- Die Einreichung muss innerhalb eines Monats schriftlich erfolgen, und die Fristen sind für die Parteien oft kritisch.
The non-admission appeal is a legal remedy in German procedural law that plays an important role in the legal protection system. In this article, we will take a detailed look at the appeal against non-admission, explain its legal basis and shed light on the prerequisites and effects of this legal remedy.
Definition and purpose
A complaint of non-admission is an appeal that can be lodged against the non-admission of an appeal in a judgment. This is an extraordinary legal remedy that is only admissible under certain conditions. The appeal against non-admission is governed by Section 544 of the German Code of Civil Procedure (ZPO).
The purpose of the appeal against non-admission is to obtain leave to appeal if the appeal was not allowed by the court of appeal even though this would have been required under the law.
Requirements
Admissibility
The appeal against non-admission is only admissible if the appeal against a judgment has not been admitted. This results from § 544 para. 1 sentence 1 ZPO.
Reasons for approval
The appeal shall be admissible only if one of the conditions set forth in sec. 543 para. 2 ZPO is present. These are, in particular, the fundamental importance of the case, the safeguarding of uniform case law and a procedural violation.
Form and deadline
The appeal against non-admission must be filed in writing within a period of one month after service of the judgment drafted in full (Section 544 (1) sentence 2 of the Code of Civil Procedure). Within two months after service of the judgment, the appeal must be substantiated (Section 544 (2) sentence 1 ZPO).
Procedure
After the appeal against non-admission has been lodged, the court examines whether the appeal is admissible and whether the grounds for admission are present. If this is the case, the appeal procedure is initiated and the appeal is allowed.
Effect
The filing of the appeal against non-admission has no suspensive effect. This means that the contested judgment remains effective for the time being despite the filing of the appeal.
Features and criticism
The appeal against non-admission is a complex legal remedy that places high demands on the statement of grounds. There is criticism regarding the tight admission requirements and short deadlines, which can make it difficult for attorneys and parties to respond in a timely manner.
Conclusion
The appeal against non-admission is an important instrument in German procedural law for obtaining leave to appeal if the appeal was wrongly not admitted. This is a complex legal remedy that places high demands on form and substantiation and is only admissible under certain conditions. The filing of a complaint of non-admission requires a careful examination of the factual and legal situation as well as precise observance of the statutory deadlines.
