Main and Ancillary Intervention: Definition and Legal Basis
Main intervention and ancillary intervention are important procedural instruments that allow third parties to participate in ongoing civil proceedings. Both instruments are regulated in the Code of Civil Procedure (ZPO): main intervention under Section 64 ZPO and ancillary intervention under Sections 66-71 ZPO. They aim to protect the interests of third parties in a legal dispute and ensure efficient administration of justice.
Main Intervention
The main intervention, also known as an intervention action, enables a third party to assert their own claim to the subject matter of the dispute. The main intervener brings an action against both parties to the original civil proceedings. The prerequisites for a main intervention include:
- A pending legal dispute between two parties.
- The third party's own claim to the subject matter of the dispute.
- Bringing an action against both original parties.
The main intervention leads to a new, independent lawsuit. The original legal dispute can be suspended at the request of a party until a decision has been made on the main intervention (Section 65 ZPO).
Ancillary Intervention
In an ancillary intervention, a third party (often called an "intervener") joins an existing party in an ongoing legal dispute to provide support. The prerequisites for an ancillary intervention are:
- A pending legal dispute.
- A third party's legal interest in a party prevailing.
- Declaration of intervention by the intervener.
The intervener does not become a direct party to the legal dispute. However, they can take legal actions in favor of the party they support.
Comparison and Differentiation of Main and Ancillary Intervention
Party Status
- Main intervener: Becomes a party to a new, independent lawsuit.
- Intervener: Remains a third party and does not become a direct party to the existing lawsuit.
Procedural Status
- Main intervener: Conducts their own proceedings, asserting an individual claim.
- Intervener: Supports an existing party in the current proceedings.
Status of Claim
- Main intervener: Asserts an own, independent claim to the subject matter.
- Intervener: Supports the claim or defense of an existing party; does not assert an own claim to the subject matter.
Frequency in Practice
- Main intervention: Relatively rare in practice.
- Ancillary intervention: More frequent, especially in connection with third-party notices.
Practical Significance
The main intervention plays a subordinate role in practice. Often, a third party can wait to see the outcome of the original lawsuit without losing their own rights. Ancillary intervention, on the other hand, is of greater practical relevance, particularly in the following areas:
- Liability issues: For example, the accession of a liability insurer.
- Warranty law: Joinder of a supplier in a lawsuit against the manufacturer.
- Company law: Joinder of shareholders in actions for rescission.
- Tenancy law: Joinder of the landlord in lawsuits between the main tenant and subtenant.
Effects of Ancillary Intervention
The most significant consequence of an ancillary intervention is the intervention effect (Section 68 ZPO). This means the intervener must accept the outcome of the lawsuit in any subsequent proceedings. This provision aims to prevent contradictory decisions and promotes procedural economy.
Special Procedural Features of Ancillary Intervention
Admissibility
The admissibility of the intervener is determined by court order if any party objects (Section 71 ZPO).
Right to Appeal
The intervener can lodge an appeal independently, even if the supported party does not wish to do so.
Cost Allocation
The intervener generally bears their own costs. However, they can claim reimbursement of costs from the opposing party if the supported party is successful in the litigation.
Conclusion
Main intervention and ancillary intervention are important procedural instruments for safeguarding the interests of third parties in civil proceedings. While main intervention is rarely used in practice, ancillary intervention is a frequently employed means of involving third parties in ongoing proceedings and ensuring uniform jurisdiction. Both institutions contribute to the efficiency of the administration of justice by enabling the bundling of related disputes and helping to avoid contradictory decisions.