Rechtsbeschwerde (Legal Complaint Proceedings)

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The purpose of a Rechtsbeschwerde (legal complaint) is to review a decision from a legal perspective. In general, there is no oral hearing and the final decision is called Beschluss (ruling).

In Sec. 574 para.1 ZPO (Zivilprozessordnung/German Code of Civil Procedure) a distinction is made between two cases:

According to Sec. 574 para. 1 no. 2 para. 2 ZPO, a Rechtsbeschwerde may be filed if the lower court has admitted it. It has to be admitted if the legal matter has fundamental significance or, if the further development of the law or the assurance of uniform adjudication requires a decision of the Supreme Court.

According to Sec. 574 para. 1 no. 1 ZPO, a Rechtsbeschwerde may also be filed if it is prescribed by law. In this case, its admissibility requires the complaining party to demonstrate that the legal matter has fundamental significance or, that the further development of the law or the assurance of uniform adjudication requires a decision of the Supreme Court.

Examples of Rechtsbeschwerden admissible by law are the Rechtsbeschwerde against decisions of a higher regional court in arbitration proceedings according to Sec. 1065 para. 1 ZPO) and the Rechtsbeschwerde against decisions of a higher regional court in matters of enforceability of foreign titles according to Sec. 15 para. 1 AVAG (Anerkennungs- und Vollstreckungsausführungsgesetz / Recognition and Enforcement Act).

Upon a Rechtsbeschwerde – as upon a Revision (appeal on points of law) – the Federal Supreme Court reviews the decision of the lower court from a legal perspective only. In general, new facts may not be presented, and new evidence is not accepted. Usually, there is no oral hearing.