Definition and purpose of the objection The objection is a legal remedy with which affected parties can take action against certain court decisions in order to obtain a reconsideration or an oral hearing of the facts of the case. In contrast to an appeal or complaint, an objection is usually directed against decisions that have been issued in a simplified procedure or without a prior hearing. The aim of the objection is to ensure the right to be heard and a comprehensive judicial review.

Cases of application and practical examples The objection is used in various areas of law, with the following examples being particularly relevant:

1. Appeal against a penalty order (§ 410 StPO): A penalty order replaces a first-instance judgment in written proceedings. The defendant has the opportunity to lodge an objection within two weeks in order to obtain an oral main hearing in court in which he can present his defense.
2. Objection to a default judgment in civil proceedings (Sections 338 et seq. ZPO): If a party misses a court hearing and the court subsequently issues a default judgment, the party concerned can lodge an objection within two weeks. This restores the proceedings to the situation before the default occurred and the case is heard again (Section 342 ZPO).
3. Objection in administrative offense law (§ 67 OWiG): If an objection to a fine notice is lodged in good time, a court hearing will take place. The proceedings are thus transferred from written fine proceedings to court proceedings.

Formal requirements for lodging an objection An objection must be lodged in due time and form. The time limit is usually two weeks from the date of notification of the contested decision. The objection must be made in writing or recorded in the minutes of the court registry. Although it is generally not necessary to state reasons, it is often advisable to at least roughly substantiate the objection in order to draw the court’s attention to the main objections before the hearing.

Consequences of late or inadmissible objections If the objection deadline is missed, the decision becomes final. In civil proceedings, an objection that is filed late or in improper form is dismissed by order of the court (Section 341 (2) ZPO). This makes the original decision final.

Suspensive effect of the objection A major advantage of the objection is that it regularly has a suspensive effect. In misdemeanor proceedings, for example, an objection lodged in good time prevents the fine from becoming final and enforceable. This gives the person concerned the opportunity to first obtain a judicial review of the measure before it takes final effect.

Strategic importance in legal practice The objection is a strategically important means of correcting premature or incomplete decisions. It offers the opportunity to have matters comprehensively clarified by the courts, especially if decisions have initially been made without sufficient participation of a party. The objection thus ensures that the right to be heard is fully respected.

Cost consequences of an objection It should be noted that an unsuccessful objection can result in additional costs. These may include court costs and the other party’s legal fees. The chances of success of an appeal should therefore be carefully weighed up.

Conclusion on the legal assessment of the objection The objection is a central instrument of legal protection that effectively ensures that court decisions are made with the fair participation of the parties concerned. Its ease of use and direct effect make it an indispensable legal remedy, particularly in cases in which decisions were initially only made in writing or without a comprehensive hearing.