GERMANY Law and Practice Contributed by: Tanja Pfitzner, Fabian von Schlabrendorff and Niklas-Arne Hecht, Pfitzner Legal
10.3 Procedure for Taking an Appeal The first appeal is only available to a party that is bur- dened by a judgment. It is only admissible if the value of the appeal exceeds EUR600. Otherwise, the entry court may allow an appeal by certifying its judgment for appeal. A first appeal is lodged with the appellate court by submitting a statement of appeal within one month of service of the full version of the judgment. The grounds for appeal are generally set out in a sub- sequent written pleading, which must be filed no later than two months after service of the judgment, but may be extended. The appellee may then submit a written pleading defending the judgment appealed. If the appeal is inadmissible or if the appellate court finds that it has no chance of success on the mer- its and that an appellate judgment is not relevant for similar cases or for the development of the law, the appellate court dismisses the appeal by court order without an oral hearing, otherwise it will render a judg- ment after an oral hearing. A second appeal is admissible if the appellate court expressly admits it in its judgment. Otherwise, the appellant may file a complaint against the refusal to grant leave for the second appeal within one month of service of the appellate judgment. Both the sec- ond appeal and the complaint are admissible only if the value of the second appeal exceeds EUR20,000. Complaints against the refusal to grant leave for the second appeal are usually unsuccessful. 10.4 Issues Considered by the Appeal Court at an Appeal The purpose of the first appeal is the review of the judgment and the correction of any errors of law and fact made by the entry court. The appellate court is in principle bound by the factual findings of the lower court, unless these are erroneous. The appellant may base its appeal on concrete indications which cast doubt on the correctness and completeness of the factual findings in the judgment, a violation of proce- dural or substantive law, or – in very limited circum- stances – new evidence, if such evidence could not have been provided in the first instance. The second appeal is a review only on points of law. It is designed primarily not to obtain correct judgments
• German public policy is violated – eg, in a case of judgments of US courts for punitive damages; and • reciprocity was not granted. The EU ratified the Hague Convention on the Recog- nition and Enforcement of Foreign Judgments in Civil and Commercial Matters on 29 April 2022, and this ratification came into force on 1 September 2023. The EU’s ratification also binds Germany, but the practical use of this convention appears to be limited, since, apart from the EU, only Ukraine has ratified the con- vention to date. In principle, all acts of the court and its officers may be appealed by the aggrieved party. German proce- dural law essentially offers three types of remedies: the first appeal against judgments of the courts of first instance, the second appeal against judgments of the courts of appeal, and the complaint against procedur- al, minor and/or interlocutory decisions of the courts. In addition, several other remedies, such as protest or objection, are available against other decisions of the court or its officers. 10.2 Rules Concerning Appeals of Judgments In general, all appeals suspend the effect of the judg- ment, order or decision under appeal. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation The first appeal is the remedy against judgments of the courts of first instance and is always heard by the next higher court. Appeal judgments are subject to a second appeal. Second appeals are, however, not admissible against appellate judgments in interim proceedings for injunc- tive relief. If a party appeals only on legal grounds, a judgment of the entry court can be appealed directly at the second level of appeal, skipping the first appeal. The competent court for a second appeal is always the Federal Court of Justice.
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