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The immediate appeal is a legal remedy in German procedural law that plays a significant role. In this article, we will take a detailed look at the immediate appeal, explain its legal basis, and shed light on the requirements and effects of this legal remedy.
Key Facts
- The immediate appeal is an important legal remedy in German procedural law that makes court decisions reviewable.
- Regulated by §§ 567 ff. of the Code of Civil Procedure(ZPO), also relevant in the Code of Criminal Procedure(StPO).
- It serves to quickly correct incorrect decisions without delaying the main proceedings.
- The prerequisites for this are admissible proceedings and the complainant being adversely affected by the decision.
- The immediate appeal must be lodged in writing within two weeks of service.
- Has no suspensive effect; the contested decision remains effective for the time being.
- Criticism of the complexity and short deadlines of the procedure, which make it difficult to react in a timely manner.
Definition and purpose
The immediate appeal is a legal remedy that serves to submit certain judicial decisions that are not made by judgment to review by a higher court. It is regulated in §§ 567 et seq. of the Code of Civil Procedure (ZPO) and may also occur in other procedural codes, such as the Code of Criminal Procedure (StPO).
The purpose of the immediate appeal is to quickly correct an erroneous decision of the court without delaying the main proceedings.
Requirements
Admissibility
Immediate appeal shall be admissible only if expressly provided for by law. The ZPO mentions in § 567 para. 1 the cases in which an immediate appeal is admissible.
Complaint
A further prerequisite is that the appellant’s rights are impaired by the contested decision (so-called complaint).
Form and deadline
The immediate appeal must be filed in writing within a period of two weeks after service of the contested decision (Section 569 ZPO).
Procedure
After the immediate appeal has been filed, the court shall examine whether the appeal is admissible. If this is the case, the complaint is served on the opponent, who then has the opportunity to comment. The court may either remedy the appeal by amending the decision appealed from, or refer the appeal to the next higher court for a decision.
Effect
The immediate appeal has no suspensive effect. This means that the contested decision remains effective for the time being despite the filing of the appeal.
Features and criticism
The immediate appeal is an effective means of challenging certain judicial decisions. However, there is criticism regarding the complexity of the procedure and the short deadlines, which can make it difficult for attorneys and parties to respond in a timely manner.
Conclusion
The immediate appeal is an important legal remedy in German procedural law. It allows for quick review of certain judicial decisions. However, it is important to know exactly the requirements and the procedure in order to use this remedy effectively.
