Law Regarding The Judicial Proceedings Relating To Inland Navigation

Original Language Title: Gesetz über das gerichtliche Verfahren in Binnenschiffahrtssachen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/binschgerg/BJNR006410952.html

Law regarding the judicial proceedings concerning inland waterway transport BinSchGerG Ausfertigung date: 27.09.1952 full quotation: "law regarding the judicial proceedings relating to inland waterway transport in the in the Federal Law Gazette Part III, outline number 310-5, adjusted version published recently by article 8 of the law of 20 April 2013 (BGBl. I p. 831) has been changed" stand: last modified by article 8 G v. 20.4.2013 I 831 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.7.1977 +++) heading: IdF d. Article 1 No. 1 G v. 14.5.1965 I 389 mWv 1.7.1965 extends to the Saarland gem. § 1 No. 26 V v. 26.8.1957 I 1255 first section general rules section 1 relating to inland waterway transport are responsible in the first instance the courts.

§ 2 (1) inland waterway matters within the meaning of this Act are civil litigation, which related with the use of inland waterways shipping and have the subject: a) claims for damages in tort.
b) other claims due to the damage, which Schiffer have caused others during their journey, or during the landing.
(c) contractual claims for damages from an accident caused by a ship or for the operation of a ship;
d) claims for damages for breach of a duty to the safety of traffic;
(e) claims for salvage, notably on reward or special compensation including salvage;
(f) claims for payment of pilotage, crane -, scale - free, port - and Bohl work fees or compensation, and their amount;
(g) (dropped out) this does not include disputes concerning claims arising from an incident, involved in a ship of the incident is, if 1 on inland waters, on which the sea navigation road rules applies, Kiel Canal, or in a sea port took place, 2. the incident has occurred on other inland waterways other than the Rhine and the Moselle, where the claim for damages is directed , the ships or persons on board, or stuff has been added to by a ship collision or by an event covered by § 572 of the commercial code.
(2) Inland things are also civil disputes that hang together with the use of inland navigation and have claims to the subject-matter, for their hearing and decision, the parties have agreed the maritime jurisdiction within the meaning of this Act.
(3) terms of inland waterway transport within the meaning of this law are: a) criminal matters because of acts which are committed on or on inland waters in violation of schiffahrtspolizeilichen rules and focused in violation of these regulations, as far as the courts are responsible for the criminal matters according to the provisions of the Judicature Act;
b) fine things because of infringements of schiffahrtspolizeiliche provisions that are committed on or on inland waters.
This criminal and penalty matters are not considered inland stuff but, when the act outside a port on or on inland waterways on which the Seeschiffahrtstraßen order is valid, is committed. An act referred to in sentence 1 with another crime or misdemeanor in context, is the Court for inland waterway transport stuff is responsible, if the focus is in the first-mentioned Act.
Footnote § 2 para 1 sentence 1 lit. d, paragraph 3, paragraph 4: Change by G v 26.6.1981 I 553, com. BVerfGE v. 19.10.1982 I 1493 with article 70 GG incompatible and therefore void § 3 (1) in civil litigation, the inland navigation matters, are the district courts, also as far as objective responsibility according to the provisions of the Judiciary Act, the regional courts are responsible. Unless a different agreement only the Court in whose district the fact substantiated the claim has occurred is a jurisdiction in the cases of § 2 para 1 letter a d and g;
in the cases of § 2 para 1 letter e only to the Court, the recovery; caused in whose district
in the cases of § 2 para 1 letter f only the Court of the place of performance.
Has the fact substantiated the claim on a body of water between two German banks occurred, belonging to the District of different court, the courts of both banks are responsible.
(2) the General rules of jurisdiction apply for the order for payment procedure. The tax according to §§ 696, 700 para. 3 of the code of civil procedure is carried out on the jurisdiction referred to in paragraph 1, is to specify which no. 5 of the code of civil procedure according to section 690 para 1 in the application for payment order.
(3) in criminal and fine things that inland waterway transport things, only the Court has jurisdiction, in whose district the crime is committed; Article 68 of the code of administrative offences is not applicable. The Act on a body of water between two German banks is committed, belonging to the District of various courts, the courts of both banks are responsible.
(4) a Court of jurisdiction within the territorial scope of this Act would be based under these regulations do not, as the Court has jurisdiction, that would be responsible for application of the provisions of the code of civil procedure, the code of criminal procedure or the code of administrative offences.
Footnote italics: § 2 par. 1 lit. g go to., cf. footnote to § 2 para 1 sentence 1 lit. g § 4 (1) which are State Governments empowered to assign the negotiating and decision of inland waterway transport stuff a District Court as a maritime court or a Court of appeal as a shipping Court for certain inland waters or certain sections of inland waterways from the District of several dishes, insofar as this serves the substantive promotion or faster completion of the procedure. The assignment can be done differently for civil as well as criminal and fine things. Country Governments could transfer these appropriations to the land justice administrative authorities.
(2) the districts of the courts referred to in paragraph 1 particular cover the districts of other courts.
(3) the countries may agree that the hearing and decision of inland waterway transport things of a country wholly or partially be assigned to the courts of another country.

§ 5 (1) the responsible for inland waterway transport things Office are maritime courts within the meaning of this Act. Run the label "Navigation Court" in the negotiations and decision of inland waterway transport stuff.
(2) If a District Court with multiple judges is occupied, the shops of the maritime Court shall in the distribution of business to transfer one or each of them.

§ 6 is agreed for civil disputes the jurisdiction of a court, which is not a maritime Court, the provisions of this Act do not apply.

The businesses of the public prosecutor's Office are § 7 in terms of inland waterway transport by the public prosecutor at the Court of shipping or the parent country Court perceived him. The motions and injunctions relating to inland waterway transport should be marked as such.

§ 8 in the proceedings of the maritime courts shall not apply article 495a of the civil procedure code. The requests of the parties in terms of inland waterway transport should be marked as such.

§ 9 (1) in civil litigation is permitted against the judgments of the courts of the maritime vocation without regard to the value of the subject of the complaint.
(2) § 10 in criminal matters is excluded the revision.

§ 11 for negotiation and decision on appeals and complaints against the decisions of the maritime courts in civil litigation and criminal and penalty matters are responsible the courts of appeal. You do this the term "navigation Court".

§ 12 (dropped out) § 13 in civil litigation is the admissibility of the appeal not touched, that's taking place at the High Court when the parent District Court; inserted the maritime Court officio, the thing is delivered to the higher regional court.
Second section special rules for Rhine shipping stuff section 14 (1) in terms of inland waterways that are Rhine shipping matters, the provisions of the first section of this Act apply only as far as nothing else arises from the provisions of the revised Convention for Rhine of navigation of 17 October 1868 and sections 15 to 18 of this Act.
(2) Rhine shipping things are only in articles 34 and 34 * KL and of the revised Convention for the navigation of the Rhine referred to civil litigation and criminal law, as well as fine stuff down relating to operations on the Rhine from the German-Swiss border at Basel. A civil lawsuit is not regarded as Rhine shipping thing, if the parties agree on the jurisdiction of a court which is not responsible for Rhine shipping things.

Section 15 (1) at a hearing and decision of Rhine navigation stuff will assume the name "Rhine navigation Court", the Court of appeal in place of the designation "navigation Court" the name "Rhine navigation Court" the Court in place of the designation "Navigation Court".
(2) the requests and the orders of the public prosecutor's Office in Rhine navigation and the requests of the parties in terms of Rhine navigation should be marked as such.

§ 16 that may decision an inland thing is not the Rhine navigation thing, are not connected to the decision of a Rhine navigation thing.

§ 17 
The appeal in civil litigation and the legal complaint in fine things on the Rhine shipping Supreme Court are subject to not the one in article 37 paragraph 1 of the revised Convention for the navigation of the Rhine provided restriction.

§ 18 in civil litigation and fine things, the Rhine shipping things are, is allowed provided restriction rather than appeal or the appeal to the Rhine navigation Court under the article 37 paragraph 1 of the revised Convention for the navigation of the Rhine the invocation of the Central Commission in Strasbourg.
Third section special rules of procedure for Moselle navigation items are section 18a (1) in terms of inland waterway transport, the Moselle navigation stuff, the provisions of the first section of this Act apply only as far as resulting from the provisions of articles 34 and 35 of the agreement signed in Luxembourg on 27 October 1956 between the Federal Republic of Germany, the French Republic and the Grand Duchy of Luxembourg on the Canalization of the Moselle (Bundesgesetzbl. 1956 II p. 1838) and b anything else results the sections 18 to 18e of the Act. After conclusion of the international agreement referred to in article 56 of the Treaty, the provisions of the Convention apply to the exercise of maritime jurisdiction in the area on the border between the Federal Republic of Germany and the Grand Duchy of Luxembourg.
(2) Moselle navigation items are only the civil litigation referred to in article 35 of the said Treaty and criminal as well as fine things that pertain to operations on the river Moselle including the security ports, offshore terminals and locks of the Canal at Detzem. A civil lawsuit is not regarded as Moselle navigation thing, if the parties agree to the jurisdiction of a court, which is not responsible for Moselle navigation stuff.

§ 18B (1) at a hearing and decision of Moselle navigation stuff leads the Court in place of the designation "Navigation Court" the name "Moselle navigation Court", the Court of appeal in place of the designation "navigation Court" the name "Moselle navigation Court".
(2) the requests and the orders of the public prosecutor in Moselle navigation stuff and the requests of the parties in terms of Moselle navigation should be marked as such.

§ 18c which decision an inland thing is not Moselle navigation thing, may be connected with the decision of a Moselle navigation thing.

§ 18 d the appeal in civil litigation and the legal complaint in fine things on the Mosel Supreme Court shipping are subject to not limit, the resulting from article 34 (3) of the Treaty in conjunction with article 37 referred to in § 18a para 1 of the revised Convention for the navigation of the Rhine.

section 18e in civil litigation and fine things that Mosel shipping things, under the restriction, which is from article 34 (3) of the Treaty in conjunction with article 37 referred to in § 18a results in para 1 of the revised Convention for the navigation of the Rhine, instead of the appeal or the appeal to the Mosel Supreme Court shipping also the invocation of the Moselle Commission in Trier allowed Appeal Committee.
Fourth section additional, transitional and final provisions article 19 - article 20 - § 21 (1) decisions außerdeutscher Court of Rhine navigation are on the basis of one of the Rhine navigation Court Cologne with copies free of charge to qualify the enforcement clause (section 724 of the civil procedure code, article 451, paragraph 1, of the code of criminal procedure) enforced.
(2) decisions außerdeutscher Moselle navigation Court be enforced free copies to qualify one aground by the Moselle navigation Court with the enforcement clause (section 724 of the civil procedure code, article 451, paragraph 1, of the code of criminal procedure).

§ 22 - article 23 of up to other regulation by the State Governments are the courts, according to the existing regulations to maritime courts (maritime Court) or to Rhine navigation Court (Rhine navigation Court) ordered maritime courts (maritime Court) within the meaning of this Act are, for them as such districts allocated to. The jurisdiction of maritime courts of Baden-Württemberg in the former State of Baden is confined to the previously Baden parts of these districts.

§§ 24 and 25 --section 26 (1) this Act enters into force on 1 October 1952.
(2) this law applies section 27 in accordance with sections 13 and 14 of the Act on the position of the State of Berlin in the financial system of the Federation (third reconciliation law) of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.