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Social justice law

Original Language Title: Sozialgerichtsgesetz

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Social Justice Act (SGG)

Unofficial table of contents

SGG

Date of completion: 03.09.1953

Full quote:

" Social Justice Act as amended by the Notice of 23 September 1975 (BGBl. I p. 2535), most recently by Article 8 of the Law of 15 April 2015 (BGBl. I p. 583).

Status: New by Bek. v. 23.9.1975 I 2535
Last amended by Art. 8 G v. 15.04.2015 I 583

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + measures due to EinigVtr cf. SGG Annex EV;
No more to be used due to the EinigVtr. Art. 109 No. 3
Buchst. d DBuchst. dd G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 123/2006 (CELEX Nr: 32006L0123)
cf. Art. 10 G v. 22.12.2010 I 2248 + + +)

Unofficial table of contents

Content Summary

Part one
Court constitution
First section Jurisdiction and judicial authority § § 1 to 6
Second section Social Courts § § 7 to 27
Third Section National Social Courts § § 28 to 35
Fourth Section Federal Social Court § § 38 to 50
Fifth Section Legal Way and Responsibility § § 51 to 59
Part two
Procedure
First section Common procedural rules
First subsection General provisions § § 60 to 75
Second subsection Evidence-proof procedure Section 76
Third Subsection Pre-trial procedure and incontedious legal protection § § 77 to 86b
Fourth subsection Procedure in the first legal proceedings. § § 87 to 122
Fifth Subsection Judgments and Decisions § § 123 to 142
Sixth subsection (dropped)
Second section Legal remedies
First subsection Appeal § § 143 to 159
Second subsection Revision § § 160 to 171
Third Subsection Complaint, Reminder, Hearing of Hearing § § 172 to 178a
Third Section Resumption of the procedure and special procedural rules § § 179 to 182a
Fourth Section Costs and enforcement
First subsection Cost § § 183 to 197b
Second subsection Enforcement § § 198 to 201
Part Three
Transition and conclusion
Requirements
§ § 202 to 219

Part one
Court constitution

First section
Jurisdiction and judicial authority

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§ 1

The social justice system is exercised by independent administrative courts, which are separate from the administrative authorities. Unofficial table of contents

§ 2

In the Länder Social Courts and Social Courts, the Federal Social Court is set up in the federal states as courts of social justice. Unofficial table of contents

§ 3

The courts of social justice are staffed by professional judges and honorary judges. Unofficial table of contents

§ 4

A place of business shall be established in each court, which shall be filled with the necessary number of official documents. For the Federal Social Court (Bundessozialgericht), the Federal Ministry of Labour and Social Affairs, the Social Courts and the Regional Social Courts shall determine the authorities responsible under the law of the Federal Republic of Germany. Unofficial table of contents

§ 5

(1) All courts, administrative authorities and institutions of the insurance institutions shall provide legal and administrative assistance to the courts of the social justice system. (2) The request to a social court for legal assistance shall be addressed to the Social Court, in whose district the It is to be carried out. The request shall be made by the chairman of a chamber. If the official act is to be carried out outside the seat of the requested Social Court, that court may request the District Court to take the legal assistance. (3) § § 158 to 160, 164 to 166, 168 of the Law of the Court of Justice apply accordingly. Unofficial table of contents

§ 6

For the courts of social justice, the provisions of the Second Title of the Law of the Court of Justice shall apply in accordance with the following provisions:
1.
The Bureau shall notify the honorary Judges in advance for each financial year, at least for one quarter, one or more of the carcases, shall determine the order in which they shall be drawn up to the negotiations and shall regulate the Representation in case of prevention. The order may be deviated only for special reasons; the reasons are to be informed.
2.
The professional judges shall be chaired by the Chambers of the Social Courts.

Second section
Social Courts

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§ 7

(1) The social courts shall be established as regional courts. The setting up and lifting of a court and the transfer of a court of jurisdiction shall be ordered by law. Changes in the delimitation of the court districts can also be determined by means of legal regulation. The provincial government or the body entrusted by it may order branches to be established outside the seat of a social court. (2) Several countries may establish common social courts or the extension of judicial districts over (3) If a social court is annulled or if the delimitation of the judicial district is changed, it may be determined by the law of the Land that the court or tribunal shall, in the case of the annulled court or in the case of the amendment in the court, be determined by the law of the court or the court of Demarcation of the court districts concerned court of law disputes on a different social court. Unofficial table of contents

§ 8

The Social Courts decide, in so far as nothing else is determined by law, in the first legal proceedings concerning all disputes for which the legal path is open before the courts of social justice. Unofficial table of contents

§ 9

(1) The Social Court shall consist of the necessary number of professional judges as chairpersons and from the honorary judges. (2) The body responsible for general service supervision and the other business of the court administration shall be replaced by National law. Unofficial table of contents

§ 10

(1) The Social Courts shall be responsible for matters relating to social security, the promotion of employment, including the other tasks of the Federal Employment Agency, for matters of basic security for job-seekers, for matters relating to Social assistance and the Asylum Seekers Benefits Act as well as for matters of social compensation law (the right of social compensation in the event of damage to health) and the right of severely disabled persons. In the case of sickness insurance, including accident insurance for the mining industry, individual chambers can be formed. (2) For disputes arising from the relationship between health insurance companies and contract doctors, psychotherapists, Contract dentists (contract doctors ' law), including their associations and associations, are to form their own chambers. These disputes shall also include:
1.
Actions against decisions and directives of the Joint Federal Committee, in so far as these decisions and the contested provisions of the directives relate to the provision of medical services,
2.
Actions in supervisory matters relating to the Joint Federal Committee, which are based on the decisions and regulations of the guidelines of the Joint Federal Committee referred to in paragraph 1, and
3.
Actions under the terms of § § 73b and 73c of the Fifth Book of the Social Code as well as actions relating to the participation in the contract medical care pursuant to § § 116, 116a and 117 to 119b of the Fifth Book of the Fifth Book of the Fifth Book of the Fifth Book of the Social Code Book of the Social Code, claims for remuneration in accordance with § 120 of the Fifth Book of the Social Code as well as claims under contract pursuant to § 140a of the Fifth Book of the Social Code, insofar as it concerns the adjustment of the total remuneration in accordance with § 140d of the Social Code of the German Social Code. Fifth Book of Social Code goes.
(3) The district of a chamber may be extended to counties of other social courts. The countries concerned may agree to extend the area of a chamber to the territory or parts of several countries. Unofficial table of contents

§ 11

(1) The professional judges shall be appointed in accordance with the law of the country after consultation with a committee to be formed for the district of the regional social court for life. (2) The committee shall be established by the body responsible under national law. It shall be proportionate to the representatives of insured persons, employers, pensioners and persons familiar with social compensation rights or the participation of persons with disabilities, as well as the social justice system (3) In the case of the Social Courts, judges can be used on trial and judge by contract. (4) In the Social Court and in the State Social Court, judges of other courts and legal teachers may be appointed on a life-time basis. state or state-approved university for a specified period of at least two years, but at the latest, for the duration of its full-time office, to be appointed as a judge in the secondary office. Unofficial table of contents

§ 12

(1) Each chamber of the Social Court shall be active in the occupation with a chairperson and two honorary judges as co-workers. In the case of decisions taken outside the oral proceedings and in the case of court proceedings, the honorary judges shall not act. (2) In the Chambers for Social Security Affairs, the basic insurance for jobseekers including the Disputes on the basis of § 6a of the Federal Child Money Act and the promotion of employment belong to the circle of insured persons and the employer in each case. If individual chambers are formed for the affairs of individual branches of the social security system, the honorary judges of these chambers shall be involved in the respective insurance branch. (3) In the chambers of affairs of the social security system, the members of the social security system shall be responsible for the According to the law of the contract, a honorary judge from the counties of the health insurance companies and the contract doctors, contract dentists and psychotherapists work with them. In the affairs of contract doctors, contract dentists and psychotherapists, only contract doctors, contract dentists and psychotherapists work as honorary judges. (4) In the chambers for matters of social compensation law and the law of the law In the case of persons with severe disabilities, voluntary judges from the circle of persons familiar with social compensation law or the right to participate in disabled persons and the group of persons entitled to benefit, the disabled persons in the Senses of the ninth Book of the Social Code and the insured persons; (5) In the chambers of social welfare and asylum seekers ' law, honorary judges from the counties of the counties act as honorary judges. and the county-free cities. Unofficial table of contents

§ 13

(1) The honorary judges shall be appointed by the competent authority in accordance with the law of the country on the basis of draft lists (§ 14) for five years; they shall be proportionate to the minority from the list of proposals See. The competent authority may request a supplement to the list of proposals. (2) The national governments are empowered to establish a uniform term of office by means of a decree law; they may, by means of a regulation, apply this authorisation to the respective national governments. competent State authority. If a uniform term of office is established, the term of office of the honorary judges shall end without regard to the date of their appointment with the end of the current term of office. (3) The honorary judges shall remain in office after the end of their term of office, until their successors are called. Revocation is permitted. In case of a temporary need, the competent authority according to the law of the country may appoint other honorary judges only for one year. (4) The number of honorary judges who are responsible for the chambers of social security matters, the promotion of employment, the basic insurance for job-seekers, social assistance and the asylum application law, social compensation law and the right to the disabled are to be appointed according to the law of the country; the number of honorary judges for the Chambers for matters of financial security and for (5) The appointment of the honorary judges for the chambers of social security affairs shall be subject to an appropriate relationship with the number of cases in the judicial district. (6) The Voluntary Judges for the Chambers of Social Compensation Law and the Rights of the Disabled are in reasonable proportion to the number of insured persons. the beneficiaries represented by the beneficiaries, disabled people in the sense of the Ninth Book Social Code and insured persons. Unofficial table of contents

§ 14

(1) The lists of proposals for the honorary judges who are in the chambers for social security matters, the basic insurance for job-seekers including the disputes on the basis of § 6a of the Federal Children's Money Act and the Work promotion activities are drawn up from the circle of insured persons and from the circle of employers. Unions, independent associations of workers with social or professional purpose and the associations referred to in the second sentence of paragraph 3 shall set up the lists of proposals for voluntary judges from among the insured persons. Employers ' associations and the supreme federal or state authorities referred to in Article 16 (4) (3) shall list the lists of proposals from the employer's circle. (2) The lists of proposals for the honorary judges who are in the chambers of the for matters relating to the law of the contract, shall be drawn up by associations and associations of the sickness funds and by associations of sickness funds. (3) For the Chambers of Social Affairs The right to compensation and the right of severely disabled persons shall be the List of proposals for persons entrusted with the right of social compensation or the right of participation of persons with disabilities to be drawn up by the State supply offices or, in accordance with the country's law, by the authorities to whom the tasks are to be carried out or which are responsible for the implementation of the Federal Supply Act or the right of participation of disabled persons. The lists of proposals for persons entitled to care, the disabled and the insured persons shall be drawn up by the associations represented in the judicial district, whose statutory duties shall be the Community's representation of interests, which shall: Advice and representation of the beneficiaries on the basis of the social compensation law or the disabled person substantially and which, taking into account the nature and scope of their previous activities and their membership circle, guarantee for a knowledgeable fulfilment of these tasks. According to the second sentence, the unions and the independent associations of employees with a social or professional political purpose are also entitled. (4) The lists of proposals for the honorary judges, which are published in the chambers of affairs Social assistance and the Asylum Seekers Benefits Act are set up by the counties and the county-free towns.

Footnote

§ 14 para. 3 sentence 1 idF d. Bek. v. 23.9.1975 I 2535: Nordrhein-Westfalen-Deviation by § 5 Act concerning the implementation of the Social Court Act in the Land of North Rhine-Westphalia (AG-SGG) v. 8.12.1953 (GV. NRW. 412) idF v. 28.10.2008, GV. NRW. See 646 mWv 11.11.2008 (cf. BGBl. I 2009, 463) Unofficial table of contents

§ 15

(dropped) Unofficial table of contents

§ 16

(1) The office of the honorary judge in the social court can only exercise who is German and who has completed the twenty-fifth year of life. (2) (3) honorary judge from among the insured persons can also be who is unemployed or pension from own insurance. Honorary judges from circles of employers may also be who does not employ workers temporarily or at certain times of the year. (4) honorary judges from circles of employers may be
1.
persons who regularly employ at least one employee subject to insurance; if an employer is at the same time an insured person, or if he or she receives a pension from his own insurance, the employment of a domestic chisel or Domestic workers do not have the working property within the meaning of this provision;
2.
in the case of holdings of a legal person or of a person as a whole, persons who, by virtue of the law, the statutes or the social contract, or as members of the representative body, represent the legal person or the whole of the person are appointed;
3.
Officials and employees of the Federal Government, the Länder, the municipalities and municipal associations, as well as other bodies, institutions and foundations of public law, according to the approximate order of the competent federal or state authority;
4.
persons who are granted prokura or general authority, or employees who regularly work for the employer in personnel matters, as well as senior employees;
5.
Members and employees of associations of employers and members of the Management Board and employees of associations of such associations, if these persons are authorised to represent them by virtue of their statutes or power of atonation.
(5) In the case of social courts, in whose district essential parts of the population are employed in maritime transport, honorary judges from the circle of insured persons may also be employed shipping experts who are not shipowners, shipowners ' heads (Correspondent shipowners, § § 492 to 499 of the Commercial Code) or agents are authorized. (6) The honorary judges shall reside in the district of the Social Court or have their registered office or be employed. Unofficial table of contents

§ 17

(1) The Office of the Voluntary Judge at the Social Court shall not be responsible for:
1.
who, as a result of judicial proceedings, has not been able to hold public office clothing or has been sentenced to a prison sentence of more than six months because of an intentional act,
2.
who is accused of an act that may lead to the loss of the ability to hold public office,
3.
who does not have the right to vote for the German Bundestag.
Persons who have fallen into an infestation shall not be called up for honorary judges. (2) Members of the boards of institutions and associations of social security, the health insurance associations and the associations of persons who are not responsible for the protection of the public. Federal Employment Agency can not be a volunteer judge. This is without prejudice to the provisions of paragraph 4. (3) The staff of the institutions and associations of social security, the health insurance associations, the services of the Federal Employment Agency, and the counties and circularly free Cities cannot be honorary judges in the chamber, which decides on disputes arising from their working area. (4) Members of the board of directors as well as senior employees of the health and care insurance companies and their associations as well as managing directors and their deputists at the health insurance terminal (treasury dentists) Associations are not excluded as honorary judges in the chambers for matters of contract law. (5) The office of the honorary judge at the Social Court, who is the honorary judge in a higher legal suit of the Social justice is called, ends with the appointment to the other office. Unofficial table of contents

§ 18

(1) The takeover of the Office as an honorary judge can only be rejected,
1.
who has reached the rule age limit according to the Sixth Book of the Social Code,
2.
who in the ten years preceding the appointment has served as a volunteer judge at a court of social justice,
3.
who, by volunteering for the general public, is so claimed that the takeover of the office cannot be attributed to him,
4.
who, for health reasons, is prevented from exercising the office properly,
5.
who makes it credible that important reasons make it particularly difficult for him to carry out his duties.
(2) Reasons are only to be taken into account if they are asserted by him within two weeks after the honorary judge has been informed of his appeal. (3) The honorary judge may, upon request, be shall be dismissed if any of the reasons referred to in paragraph 1 (3) to (5) subsequently enter into force. An application is not required if the honorary judge relocates his residence from the district of the Social Court and thereby makes his use of the meetings considerably more difficult. (4) On the authority to reject the office or on the basis of Dismissal from the Office shall decide definitively the chamber designated by the Bureau in advance for each financial year. Unofficial table of contents

§ 19

(1) The honorary judge exercises his office with equal rights as the professional judge. (2) The honorary judges receive compensation under the Justice Remuneration and Compensation Act. Unofficial table of contents

§ 20

(1) The honorary judge may not be limited in the taking-over or exercise of the office or not be penalised because of the taking-over or exercise of the office. (2) Anyone who is a volunteer in the taking-over or exercise of his duties Judges shall be punished with imprisonment for up to one year or a fine for the purposes of taking over or exercising the office of the judge. Unofficial table of contents

Section 21

The chairman may, by decision, fix an administrative order against a honorary judge who is withdrawing from the performance of his duties, in particular without sufficient excuse or not in good time for the meetings, and impose on him the costs of his behaviour. In the event of a subsequent sufficient apology, the decision shall be repealed or amended. A decision is admissible against the decision. The Board of the Social Court shall decide definitively for each financial year in advance on the basis of the appeal lodged by the Bureau. Before the decision, the honorary judge is to be heard. Unofficial table of contents

Section 22

(1) The honorary judge shall be dismissed from his office if the appeal procedure was defective or if the absence of a condition for his appeal or the entry of an exclusion reason is known. He is to be relieved of his office if he grossly violates his duties. He may be released from his office if a condition for his appointment is omitted during his term of office. In so far as the conditions for a term of office are fulfilled, there is no lack of procedure in its failure to implement the procedure. (2) The decision shall be taken by the Bureau for each financial year in advance. Chamber. Before the decision, the honorary judge is to be heard. The decision shall be indisputable. (3) The board competent pursuant to the first sentence of paragraph 2 may order that the honorary judge should not be taken up until the decision on the removal of the office or the dismissal of the office. The arrangement is indisputable. Unofficial table of contents

Section 23

(1) A committee of honorary judges shall be formed in each social court. The counties of the honorary judges who are represented in the professional chambers formed in the Social Court, each elect a member from their midst to the committee. The electoral procedure shall lay down the existing committee. The Committee shall be held under the guidance of the supervising or, if any, the oldest chairman of the Social Court. (2) The Committee shall be before the formation of Chambers, prior to the distribution of the business, before the the distribution of the honorary judges to the Chambers and, prior to the drawing up of the lists of the use of the honorary judges, to be heard orally, in writing or by electronic means. He may submit to the Chairman of the Social Court and to the authorities responsible for administration and supervision the wishes of the honorary judges. Unofficial table of contents

§ § 24 to 26 (omitted)

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§ 27

(1) (omitted) (2) (omitted) (3) If the representation of a chairman is not possible by a professional judge of the same court, it shall be governed by the provincial government or by the body appointed by it at the request of the Bureau.

Third Section
National Social Courts

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§ 28

(1) The National Social Courts shall be established as regional courts. The setting up and lifting of a court and the transfer of a court of jurisdiction shall be ordered by law. Changes in the delimitation of the court districts can also be determined by means of legal regulation. The provincial government or the body commissioned by it may order branches to be established outside the seat of the Landessozialgericht (Regional Social Court). (2) Several countries may establish a common regional social court. Unofficial table of contents

§ 29

(1) The National Social Courts decide in the second legal suit on the appeal against the verdicts and the complaints against other decisions of the Social Courts. (2) The State Social Courts decide in the first legal suit over
1.
Actions against decisions of the State Arbitration Offices and against the objections of decisions of the State Arbitration Offices in accordance with the Fifth Book of Social Code, against decisions of the Arbitration bodies in accordance with Section 120 (4) of the Fifth Book of the Social Code, the arbitration body in accordance with Section 76 of the Eleventh Book of the Social Code and the Arbitration Bodies in accordance with § 80 of the Twelfth Book of the Social Code,
2.
Supervisory matters in relation to social insurance institutions and their associations, to the health insurance and health insurance associations, and to the Federal Association of Statesmen and Sickness Insurance Dentists, in which the supervision of of a country or federal authority,
3.
Actions in matters relating to the reimbursement of expenses pursuant to Section 6b of the Second Book of the Social Code,
4.
Applications in accordance with § 55a.
(3) The Landessozialgericht Nordrhein-Westfalen (Landessozialgericht Nordrhein-Westfalen) decides in the first legal suit
1.
Disputes between statutory health insurance companies or their associations and the Federal Insurance Office on risk structure compensation, the recognition of structured treatment programmes and the management of the health fund,
2.
Disputes relating to the financial compensation of statutory health insurance,
3.
Disputes concerning compensation under the professional associations of professional associations according to the Seventh Book of Social Code,
4.
Disputes concerning decisions of the Federal Cartel Office concerning the voluntary association of health insurance funds according to § 172a of the Fifth Book of the Social Code.
(4) The Landessozialgericht Berlin-Brandenburg (Landessozialgericht Berlin-Brandenburg) decides on the first legal suit
1.
Actions against the decision of the joint arbitration offices in accordance with Section 89 (4) of the Fifth Book of the Social Code and of the Federal Arbitration pursuant to Section 89 (7) of the Fifth Book of the Social Code and the Enlarged Assessment Committees pursuant to § 87 (4) of the German Social Code Fifth Book of the Social Code, in so far as the lawmaking is collected by the bodies forming these bodies,
2.
Actions against decisions of the Federal Ministry of Health pursuant to § 87 (6) of the Fifth Book of the Social Code in relation to the evaluation committees and the extended evaluation committees as well as against complaints from the Federal Ministry of Health for Health in relation to the Federal Arbitration Offices,
3.
Actions against decisions and directives of the Joint Federal Committee (§ § 91, 92 of the Fifth Book of the Social Code), actions in supervisory matters vis-à-vis the Joint Federal Committee, actions against the fixing of fixed amounts through the top associations of the health insurance companies or the top association of the health insurance companies as well as lawmakers against decisions of the arbitration bodies in accordance with § § 129 and 130b of the Fifth Book of Social Code.
4.
(dropped)
(5) (dropped) Unofficial table of contents

§ 30

(1) The Regional Social Court shall consist of the President, the chairpersons of judges, other professional judges and the honorary judges. (2) The body responsible for the general supervision of services and the other operations of the judicial administration. shall be determined by national law. Unofficial table of contents

Section 31

(1) In the national social courts, Senate for matters of social security, the promotion of employment, including the other tasks of the Federal Employment Agency, shall be used for matters of basic insurance for job-seekers, for Social assistance and the Asylum Seekers Benefits Act, as well as matters relating to social compensation law and the law on severely disabled persons. A separate Senate can be formed for matters relating to financial security, including the accident insurance for the mining industry and procedures for overlong court proceedings (§ 202 sentence 2). (2) For matters relating to (3) The participating countries may agree to extend the district of a senate to the territory or to areas of several countries. Unofficial table of contents

Section 32

(1) The professional judges shall be appointed by the competent authority of the country for life. (2) (omitted) Unofficial table of contents

§ 33

(1) Each Senate shall be active in the occupation with a chairperson, two other professional judges and two honorary judges. § 12 subsection 1 sentence 2, para. 2 to 5 applies accordingly. (2) In senates who decide in proceedings for an overlong court procedure (§ 202 sentence 2), the honorary judges appointed for matters of social insurance act. Unofficial table of contents

Section 34

(dropped) Unofficial table of contents

§ 35

(1) The honorary judges of the State Social Court must have completed the thirtieth year of life; they should have been a volunteer judge at a social court for at least five years. In other cases, § § 13 to 23. (2) In the cases of § 18 (4), § § 21 and 22 (2), the Senate decides in advance by the Bureau for each financial year. Unofficial table of contents

§ § 36 and 37 (omitted)

Fourth Section
Federal Social Court

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§ 38

(1) The Federal Social Court has its seat in Kassel. (2) The Federal Social Court consists of the President, the Chairman Judges, other professional judges, and the honorary judges. The professional judges must have completed the thirty-fifth year of life. The provisions of the Judge Elections Act shall apply to the appeal of the professional judges. The Federal Minister for Labour and Social Affairs (3) The Federal Ministry of Labour and Social Affairs is responsible for the general service supervision and the other business activities of the Court of Justice. It may transfer the general service supervision and the other business of the court administration to the President of the Federal Social Court. Unofficial table of contents

§ 39

(1) The Federal Social Court decides on the appeal of the revision. (2) In the first and last legal proceedings, the Federal Social Court decides on disputes of non-constitutional nature between the Federal Government and the Länder and between the Federal Social Court and the Federal Social Court. various countries in matters of § 51. If, in these cases, the Federal Social Court holds a dispute for constitutional law, it shall submit the case to the Federal Constitutional Court for a decision. The Federal Constitutional Court decides with binding effect. Unofficial table of contents

§ 40

§ 31 (1) and § 33 apply accordingly for the formation and occupation of the Senate. At least one senate shall be formed for matters of contract law. In the senates for matters of § 51 para. 1 no. 6a, honorary judges from the list of proposals of the Federal Association of Local Government Associations act with. Unofficial table of contents

Section 41

(1) In the Federal Social Court, a Grand Senate is formed. (2) The Grand Senate decides if a Senate wants to deviate from the decision of another Senate or the Grand Senate in a legal matter. (3) A submission to the Grand Senate is only if the senate, whose decision is to be dismissed, has declared, at the request of the discerning Senate, that he or she shall maintain his or her right to take legal action. If the Senate, whose decision is to be dismissed, is no longer able to deal with the question of law on account of a change in the business distribution plan, the Senate shall replace it in accordance with the business distribution plan for the case in which the Senate is responsible for the by way of derogation, it would now be responsible. The respective Senate decides on the question and the answer by decision in the occupation required for judgments. (4) The discerning senate may submit a question of fundamental importance to the Grand Senate for a decision, if that is the case. (5) The Grand Senate is composed of the President, each one of the judges of the Senate, in which the President does not chair, the two honorary judges from the circle of insured persons and the circle of employers as well as for each honorary judge from the circle of persons familiar with the social compensation law or the participation of disabled persons and the county of the persons entitled to care and the disabled persons in the sense of the ninth book Social Code. If the Senate decides on matters of contract law, or should be dismissed from its decision, the Grand Senate also includes a honorary judge from the group of health insurance companies and the circle of contract doctors, Contract dentists and psychotherapists. If the Senate for matters of § 51 (1) (a) (6a) or (6a) is to be dismissed from its decision, the Grand Senate also includes two honorary judges from the district of the Federal Association of Local Government Associations (Bundesvereinigung der municipal Spitzenverbände) Proposed. If Senate is staffed, only one professional judge will be appointed from them; he has only one vote. In the event of the President's prevention, a judge of the Senate to which he belongs shall replace him. (6) The members and the representatives shall be appointed by the Bureau for a financial year. The President of the Grand Senate is chaired by the President, while the oldest Member is prevented from serving as the oldest Member. In the event of a tie, the Chairman's vote gives the rash. (7) The Grand Senate only decides on the legal question. He can decide without oral proceedings. His decision is binding in the present case for the discerning Senate. Unofficial table of contents

§ 42

- Unofficial table of contents

Section 43

- Unofficial table of contents

Section 44

- Unofficial table of contents

§ 45

(1) The Federal Ministry of Labour and Social Affairs, after hearing the President of the Federal Social Court, shall determine the number of honorary judges to be appointed for the individual branches of social justice. (2) The honorary judges shall be appointed by the Federal Ministry of Labour and Social Affairs on the basis of a list of proposals (§ 46) for a period of five years; they are to be taken from the list of proposals in an appropriate proportion, taking into account the minority interests of minorities. The Federal Ministry of Labour and Social Affairs can request a supplement to the proposal lists. Section 13 (2) shall apply in accordance with the proviso that the Federal Ministry of Labour and Social Affairs may establish a uniform term of office by means of a decree law. (3) The honorary judges shall remain in office after the end of their term of office until their Successors are appointed. Revocation is permitted. Unofficial table of contents

Section 46

(1) The lists of proposals for the honorary judges in the senates for matters of social security and the promotion of employment as well as the basic insurance for job-seekers shall be provided by the organisations and authorities listed in Section 14 (1). (2) The lists of proposals for the honorary judges in the senates for matters relating to the law of the contract shall be provided by the statutory health insurance associations and jointly by the associations of the health insurance funds, extending over the territory of the Federal Republic of Germany. (3) The honorary judges for the Senate for matters of social compensation law and the severely disabled person shall be on a proposal from the supreme administrative authorities of the countries as well as of the associations referred to in § 14 (3) sentences 2 and 3, (4) The honorary judges for the Senate for matters of social assistance and the Asylum Seekers Benefit Act are appointed on a proposal of the Federal Association of Local Government Associations. Unofficial table of contents

§ 47

The honorary judges in the Federal Social Court must have completed the thirty-fifth year of life; they should have been a volunteer judge at a social court or national social court for at least five years. In addition, § § 16 to 23 apply accordingly, with the proviso that in the cases of § 18 (4), § § 21 and 22 (2), the Senate of the Federal Social Court decides in advance by the Bureau for each financial year. Unofficial table of contents

§ § 48 and 49 (omitted)

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§ 50

The course of business shall be governed by a rules of procedure, which the Bureau shall decide on, with the award of the two oldest honorary judges, by birth.

Fifth Section
Legal Way and Responsibility

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Section 51

(1) The courts of the social justice system decide on public-law disputes
1.
in matters of statutory pension insurance, including the retirement provision of farmers,
2.
in matters of statutory health insurance, social care insurance and private nursing care insurance (Eleventh Book of Social Code), even as far as these matters affect third parties; this does not apply to Disputes in matters pursuant to § 110 of the Fifth Book of the Social Code on the basis of a termination of supply contracts applicable to university hospitals or plan hospitals (§ 108 Nos. 1 and 2 of the Fifth Book of the Social Code),
3.
in matters relating to statutory accident insurance, with the exception of the disputes arising from the monitoring of the measures for prevention by the institutions of statutory accident insurance,
4.
in matters relating to the promotion of employment, including the other tasks of the Federal Employment Agency,
4a.
in matters of basic security for job-seekers,
5.
in other matters of social security,
6.
in matters relating to social compensation law, with the exception of the disputes arising from § § 25 to 27j of the Federal Law of Supply (War Sacrifice Welfare), even as far as other laws provide for the corresponding application of these provisions,
6a.
in matters of social assistance and the law on asylum seekers,
7.
in the case of the identification of disabilities and their degree and other health characteristics, as well as the exhibition, extension, correction and confiscation of evidence in accordance with § 69 of the ninth Book of the Social Code,
8.
created under the Effort Compensation Act,
9.
(dropped)
10.
for which the law will open the courts before these courts.
(2) The courts of social jurisdiction shall also decide on private-law disputes in matters relating to the admission of institutions and measures by competent bodies in accordance with the Fifth Chapter of the Third Book of the Social Code and in Matters of statutory health insurance, even as far as these matters are affected by these matters. The first sentence applies to social care insurance and private care insurance (Eleventh Book of Social Code). (3) Disputes in the jurisdiction of the courts of the social justice system referred to in paragraphs 1 and 2 shall be excluded. Proceedings under the Law on Competition Restrictions on Legal Relations under Section 69 of the Fifth Book of the Social Code. Unofficial table of contents

Section 52

(dropped) Unofficial table of contents

Section 53

(repealed) Unofficial table of contents

§ 54

(1) The annulment of an administrative act or its amendment, as well as the conviction for the adoption of a rejected or dismissed administrative act may be sought by action. Unless otherwise provided by law, the action shall be admissible if the plaintiff claims to have been complain of the administrative act or the refusal or omission of an administrative act. (2) The plaintiff is complain if the The administrative act, or the rejection or omission of an administrative act, is unlawful. To the extent that the authority, body or institution of public law is empowered to act at its discretion, illegality shall also be given if the legal limits of such discretion are exceeded or at the discretion of one of the (3) A body or institution of public law may request the annulment of an order of the supervisory authority by the action if it claims that the order of the institution or institution of the public law is not (4) Subject to the contested administrative act, In addition to the annulment of the administrative act, the performance on which a legal claim exists may be required at the same time as the performance is required. (5) The action may also lead to a conviction for a performance on which a legal claim exists, even if: when an administrative act was not to be taken. Unofficial table of contents

§ 55

(1) The application may be sought after
1.
the determination of the existence or non-existence of a legal relationship;
2.
the determination of which insurance institution is responsible for social security,
3.
the determination of whether a health disorder or death is the consequence of an accident at work, an occupational disease or injury within the meaning of the Federal Supply Act,
4.
the declaration of invalidity of an administrative act,
if the plaintiff has a legitimate interest in the early determination. (2) In paragraph 1 (1), the determination of the extent to which contributions are to be calculated or to be calculated shall also be taken. Unofficial table of contents

§ 55a

(1) Upon request, the validity of statutes or other laws in rank under a Land Law which have been enacted in accordance with Section 22a (1) of the Second Book of the Social Code and the Law of the State which has been passed thereto shall be subject to application of the provisions of the Act of the European Union. (2) Any natural person who claims to be infringed by the application of the law in his or her right or to be injured in the foreseeable future shall be able to submit the request. It must be directed against the body of the body which has adopted the legislation. The State Social Court may give the supreme state authority or the authority designated by it the opportunity to submit its observations within a specified period. § 75 (1) and (3) and (4) sentence 1 shall apply accordingly. (3) The Landessozialgericht (Regional Social Court) does not examine the compatibility of the law with national law, to the extent that the law provides that the law shall be exclusively governed by the A constitutional court of a country is verifiable. (4) If a procedure for the verification of the validity of the law is pending before a constitutional court, the State Social Court may order that the trial until the execution of the (5) The State Social Court (Landessozialgericht) decides by decision or, if it does not consider it necessary to hold an oral hearing, by decision. If the State Social Court comes to the conclusion that the law is invalid, it shall declare it invalid; in this case, the decision shall be binding in general and the decision-making formula shall be the defendant's or the defendant's decision to be published in the same way as the legislation would be known. § 183 of the Administrative Court Rules applies accordingly to the effect of the decision. (6) The State Social Court may, upon request, issue an injunction if this is urgent for the defence of serious disadvantages or for other important reasons. is available. Unofficial table of contents

§ 56

A number of pleas may be prosecuted by the plaintiff in a complaint if they are directed against the same defendant, in connection with the same court and jurisdiction. Unofficial table of contents

Section 56a

Appeals against administrative procedural acts can only be invoked at the same time as the legal remedies allowed against the decision. This shall not apply if official procedural acts can be carried out or if there is a failure to take action against a non-participant. Unofficial table of contents

Section 57

(1) Local authority is the social court in whose district the plaintiff at the time of the action of action has his registered office or place of residence or, in the absence thereof, his place of residence; if he is in employment, he may also be subject to the the social court responsible for employment. If a body or institution of public law, in matters according to the Eleventh Book of Social Law, a company of private nursing care insurance or in matters of social compensation law or of the In the case of a country of severe disability, the registered office or place of residence or residence of the defendant shall be decisive if the defendant is a natural person or a legal person of private law. (2) The first authorisation of a survivor's pension shall be granted The residence or absence thereof shall be the place of residence of the widow or the Witwers authoritative. If a widow or a widower does not exist, the social court shall have a local jurisdiction in the district of which the youngest orphan is domicated or, in the absence thereof, her place of residence; if only parents or grandparents are present, the court shall: the social court in whose district the parents or grandparents have their place of residence or, in the absence thereof, their place of residence. In the case of a different place of residence or place of residence of the parent or grandparent, the place of residence or place of residence of the eligible husband or divorced man shall apply. (3) If the plaintiff has its registered office or place of residence, or Place of residence abroad, the social court in whose district the defendant has its registered office or place of residence or, in the absence thereof, its place of residence. (4) In matters of § 51 para. 1 no. 2, which is at the federal level on fixed amounts, the Social Court shall be responsible for the local area in the district of which the (5) In matters pursuant to § 130a (4) and (9) of the Fifth Book, the Federal Government has its seat, in matters relating to the fixed amounts fixed at the country level. (5) The Social Code is the local social court in whose district the authority appointed for the decision is based. (6) For the application procedure in accordance with § 55a, the State Social Court is responsible locally, in the district of which the body, which is the (7) In matters according to § 7a of the Fourth The Book of Social Code is the local social court in whose district the client is domicated or in the absence of his residence. If the latter has its registered office or in the absence of his residence abroad, the Social Court is responsible for the local authority in whose district the Contractor is domicated or in the absence of his/her whereabuge. Unofficial table of contents

Section 57a

(1) In contract medical matters of the statutory health insurance, if the question of admission or authorisation is in accordance with the law of the contract, the social court is responsible, in the district of which the contract doctor, the contract dentist or the contract dentist is responsible. the psychotherapist has its seat. (2) In other contractual medical matters of the statutory health insurance, the social court is responsible, in the district of which the treasurer association or the treasury association its registered office (3) Are decisions or contracts at the country level; The subject of the proceedings is the Social Court in whose district the Land Government has its registered office. (4) Decisions or contracts at the federal level of the dispute shall be the subject of the proceedings. The Federal Social Court is responsible for proceedings, in the district of which the Federal Association of Statesmen and the Federal Association of Statesmen of the Treasury Dentistry is located. Unofficial table of contents

§ 57b

In matters relating to the elections to the self-governing bodies of the social security institutions and their associations or to the completion of the self-governing bodies, the social court is responsible, in the district of which the insurance institution or the institution is responsible, the association has the seat. Unofficial table of contents

Section 58

(1) The competent court within the social jurisdiction shall be determined by the jointly next-higher court,
1.
if, in a single case, the competent court is not legally or effectively prevented from exercising the jurisdiction,
2.
if, with regard to the boundaries of different jurisdictions, it is uncertain which court is responsible for the dispute,
3.
if, in a dispute, a number of courts have declared themselves to be competent in their jurisdiction,
4.
where a number of courts, one of which is responsible for litigation, have declared themselves to be uncompetent,
5.
if a local jurisdiction is not given either in accordance with § § 57 to 57b or in accordance with a different legal jurisdiction.
(2) In order to determine the jurisdiction, any court prosecuted in the dispute and any party to the dispute may appeal to the court, which is higher in the legal proceedings, which may decide without oral proceedings. Unofficial table of contents

§ 59

The parties ' agreements on competence shall have no legal effect. Jurisdiction shall also not be justified by the fact that the jurisdiction of the Court of First Instance is not invoked.

Part two
Procedure

First section
Common procedural rules

First subsection
General provisions

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§ 60

(1) § § 41 to 46 (1) and § § 47 to 49 of the Code of Civil Procedure shall apply mutagentily to the exclusion and rejection of court persons. (2) The exercise of the Office as a judge shall also rule out the possibility of who in the previous proceedings (3) The concern of the partiality under Section 42 of the Code of Civil Procedure shall always be deemed to be justified if the judge belongs to the board of a body or institution of public law whose interests are represented by the (4) (to be taken away) Unofficial table of contents

Section 61

(1) § § 169, 171b to 191a of the Law of the Judicial Constitution shall apply mutamatters to the public, seat policy and court language. (2) In the case of consultation and voting, § § 192 to 197 of the Law of the Judicial Constitution shall apply accordingly. Unofficial table of contents

Section 62

Before any decision is taken, the parties concerned shall be given legal hearing; the hearing may take place in writing or in electronic form. Unofficial table of contents

§ 63

(1) Orders and decisions by which a time limit shall be set shall be notified to the parties concerned, but only if it is expressly required to be announced. Terms and charges are to be announced. (2) The Office shall be notified of its obligations in accordance with the provisions of the Code of Civil Procedure. § § 174, 178 (1) no. 2 of the Code of Civil Procedure are to be applied accordingly to persons admitted to the legal representation pursuant to section 73 (2), second sentence, no. 3 to 9. (3) Anyone who does not reside domestiously shall have a service representative at the request of the person. to order. Unofficial table of contents

Section 64

(1) The course of a period shall commence, unless otherwise specified, with the day after service or, if this is not prescribed, with the day following the opening or delivery. (2) A period determined after days shall end with the expiry of its last day, a period determined by weeks or months, with the expiry of the day of the last week or of the last month which, by appointment or number, corresponds to the date on which the event or the date falls. In the absence of the last month of the corresponding day, the period ends with the month. (3) If the end of a period falls on a Sunday, a public holiday or a Saturday, the period ends with the expiry of the next working day. Unofficial table of contents

Section 65

The chairman may, upon request, shorten or prolong judicial deadlines. In the case of renewal, the period shall be calculated from the expiry of the previous period. Unofficial table of contents

Section 65a

(1) The parties may submit electronic documents to the General Court, insofar as this has been authorised for the respective area of competence by means of a legal regulation of the Federal Government or the national governments. The Regulation shall determine the date from which documents may be sent to a court electronically and the manner in which electronic documents must be submitted. For documents that are equivalent to a document to be signed in writing, a qualified electronic signature is to be required in accordance with § 2 No. 3 of the Signature Act. In addition to the qualified electronic signature, another safe procedure may be permitted, which ensures the authenticity and integrity of the transmitted electronic document. The state governments can transfer the authorization to the supreme state authorities responsible for social justice. The authorisation of electronic transmission may be restricted to individual courts or proceedings. The Federal Government's regulation does not require the consent of the Federal Council. (2) An electronic document has been sent to the court if it has been transmitted in the manner determined in accordance with the first sentence of paragraph 1 and if the documents for the Reception certain setup has recorded it. The provisions of this Act concerning the addition of copies for the other parties concerned shall not apply. If the document does not meet the requirements, it must be notified without delay to the sender, stating the technical conditions applicable to the court. (3) As far as a handwritten signature by the judge or the official documents the office is required to make the recording as an electronic document, if the responsible persons at the end of the document add their name and the document with a qualified electronic signature § 2 No. 3 of the Signature Act. Unofficial table of contents

§ 65b

(1) The process files may be conducted electronically. The Federal Government and the State Governments determine in each case their area by means of legal regulation the date from which the process files are electronically conducted. The legal regulation provides for the organisational and technical framework conditions for the formation, management and custody of electronic files. The state governments can transfer the authorization to the supreme state authorities responsible for social justice. The authorisation of the electronic file may be restricted to individual courts or proceedings. The Federal Government's legal regulation does not require the consent of the Bundesrat. (2) Documents which do not correspond to the form in which the file is carried are to be transferred to the appropriate form and to be taken to the file in this form, to the extent that: (3) The original documents shall be kept at least until the final conclusion of the proceedings. (4) If a document submitted in paper form is transferred to an electronic document , it shall contain the indication of when and by whom the transfer has been carried out. If an electronic document has been transferred to the paper form, the printout must contain the words which result in the integrity check of the document, who is responsible for the signature verification as the holder of the signature, and what point in time (5) documents produced in accordance with paragraph 2 shall be used for the procedure where there is no reason to doubt the conformity of the document submitted. Unofficial table of contents

Section 65c forms; Regulation empowerment

The Federal Ministry of Labour and Social Affairs can introduce electronic forms with the approval of the Federal Council by means of a regulation. The legal regulation may stipulate that the information contained in the forms shall be transmitted in whole or in part in a structured machine-readable form. The forms shall be available for use on a communication platform to be determined in the legal regulation on the Internet. The legal regulation may stipulate that an identification of the form user by way of derogation from § 65a (3) also by using the electronic identity document in accordance with § 18 of the German Personnel Reference Act or § 78 (5) of the Residence Act may take place. Unofficial table of contents

Section 66

(1) The time limit for an appeal or other appeal shall not begin to run unless the person concerned has the right of appeal, the administrative authority or the court to which the appeal is to be made, the seat and the holding to be held. (2) If the instruction is not or improperly given, the appeal shall only be filed within one year since delivery, opening or delivery, except where the Before the end of the year, due to force majeure, it was impossible or a in writing or by electronic means, there has been no legal remedy. Section 67 (2) shall apply in the event of force majeure. Unofficial table of contents

Section 67

(1) If a person without fault has been prevented from complying with a legal period of time, he shall be granted restitutions in the previous state upon request. (2) The application shall be submitted within one month of the removal of the obstacle. The facts on the justification for the application should be made credible. Within the application deadline, the missed legal act is to be collected. (3) After one year since the end of the missed period, the application shall be inadmissible unless the application was impossible before the end of the year due to force majeure. (4) The Court of First Instance decides on the application for re-establishment of rights to be held responsible for the failure to act. The decision to reinstate it shall be indisputable. Unofficial table of contents

Section 68

(dropped) Unofficial table of contents

Section 69

Participants in the procedure are
1. the plaintiff,
2. the defendant,
3. the invited. Unofficial table of contents

Section 70

Able to be involved in the procedure are
1.
natural and legal persons,
2.
non-legal persons ' associations,
3.
public authorities, provided that the national law determines this,
4.
Joint decision-making bodies of service providers and health insurance funds or care insurance funds.
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Section 71

(1) A participant is processual in so far as he can commit himself through contracts. (2) Minors shall be processual in their own cause, insofar as they are governed by the provisions of civil or public law for the subject-matter of the proceedings as be recognised for business. They require the consent of the legal representative to withdraw an appeal. (3) For legal and non-legal persons associations as well as for public authorities, their legal representatives and board members act. (4) For decision-making bodies (5) In matters relating to social compensation law and the law on the rights of the severely disabled, the country shall be represented by the State supply office or in accordance with the country's law by the body of the country of the country of the State of the State of the State of the State of the State of the State of the State tasks, or which have been carried out for the implementation of the (6) § § 53 to 56 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 72

(1) For a non-processible person without a legal representative, the Chairman may, pending the entry of a guardian, supervisor or pastor for the proceedings, appoint a special representative to whom all rights, except for the receipt of (2) The appointment of a special representative shall also be admissible with the consent of the person concerned or his legal representative, if the place of residence of a person concerned or his legal representative from the seat of the court to the next level. (3)-(5) Unofficial table of contents

Section 73

(1) The parties concerned may lead the dispute itself before the Social Court and the State Social Court. (2) The parties concerned may be a lawyer or a legal teacher at a state or state-recognised university of a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or Switzerland, which has the competence to judge the Office of the Judges, as authorised representative. In addition, acting as agents before the Social Court and the State Social Court, are only authorized to represent
1.
Employees of the person concerned or of a company affiliated with him (Article 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including those formed by them for the performance of their public duties Concentrations may also be represented by employees of other authorities or legal persons under public law, including the concentrations which they have formed to fulfil their public functions,
2.
full-year family members (§ 15 of the Tax Code, § 11 of the Life Partnership Act), persons with competence to the judge's office and contentions if the representation is not related to a fee-based activity,
3.
Pension advisers in the scope of their powers pursuant to § 10 (1) sentence 1 no. 2 of the Legal Services Act,
4.
Tax adviser, tax representative, auditor and sworn accountant, persons and associations within the meaning of Section 3a of the Tax Consultation Act as well as companies within the meaning of Section 3 (2) and (3) of the Tax Consultation Act, which are held by persons in the § 3 No. 1 of the Tax Consultation Act, in matters according to § § 28h and 28p of the Fourth Book of the Social Code,
5.
self-employed associations of workers with social or professional-policy purpose for their members,
6.
professional associations of agriculture for their members,
7.
trade unions and associations of employers and associations of such associations for their members or for other associations or associations with a similar orientation and their members,
8.
Associations whose statutory tasks substantially include the Community representation of interests, the advising and representation of beneficiaries under the social compensation law or the disabled persons, and which shall be subject to the following conditions: Taking into account the nature and scope of their activities and their membership as a guarantee for a knowledgeable process representation, for their members,
9.
legal persons whose shares are all in the economic ownership of one of the organisations referred to in points 5 to 8, if the legal person is exclusively the legal advice and the legal representation of that organisation and of its members or other associations or associations with a comparable orientation and its members, in accordance with their statutes, and if the organisation is liable for the activities of the plenipotentiaries.
Agents who are not natural persons shall act by their bodies and representatives responsible with the representation of the process. Section 157 of the Code of Civil Procedure shall apply in accordance with. (3) The Court of First Instance rejects, by way of an indisputable decision, agents who are not competent in accordance with the provisions of paragraph 2. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the authorised representative referred to in the second and second sentence of paragraph 2 if they are not in a position to present the property and the dispute in an appropriate way. Sentence 3 does not apply to employees of a social security institution or of a top association of social security. (4) In the Federal Social Court, the parties must be represented by process agents, in addition to the process grant procedure. . In addition to the persons referred to in the first sentence of paragraph 2, only the organisations referred to in the second sentence of paragraph 2 (5) to (9) shall be authorised as agents. These must be made by persons with competence to the judge's office. Public authorities and legal persons under public law, including associations formed by them in order to fulfil their public duties, as well as private care insurance undertakings, may be qualified by their own employees with competence to the judge's office or by employees who have qualifications to the office of judges of other authorities or legal persons under public law, including the concentrations that they have formed to fulfil their public duties. A participant who is entitled to represent himself in accordance with sentence 2 may represent himself; sentence 3 shall remain unaffected. (5) Judges may not appear as agents before the court to which they belong. In addition to the cases referred to in the second sentence of the second sentence of paragraph 2, honorary judges shall not be allowed to appear in front of a body of sprout to which they belong. (6) Full power shall be submitted in writing to the Court of Justice. It may be handed down and the court may set a time limit for this. In the case of spouses or life partners and relatives in a straight line, it can be considered that they are authorised. The lack of power can be asserted in any state of the proceedings. The Court of First Instance shall take due account of the lack of authority of its own motion if a lawyer does not act as an authorised representative. Where an authorised representative is appointed, the statements or communications of the General Court shall be addressed to him. In addition, § § 81, 83 to 86 of the Code of Civil Procedure shall apply. (7) In the trial, the parties may appear with applates. It may be that those who, in proceedings in which the parties are able to carry out the dispute itself, are empowered to represent them in the trial as authorised representative. The court may allow other persons to assist them if this is relevant and there is a need to do so in accordance with the circumstances of the case. The provisions of the first and third sentences of paragraph 3 and paragraph 5 shall apply accordingly. The assistance referred to by the assistance shall be deemed to have been brought forward by the person concerned, unless it is immediately revoked or corrected by the person concerned. Unofficial table of contents

Section 73a

(1) The provisions of the Code of Civil Procedure relating to legal aid with the exception of the second sentence of § 127 (2) of the Code of Civil Procedure shall apply mutatily. If the party concerned, who is authorised to grant legal aid, does not exercise his right to choose a lawyer, the court shall select the lawyer to be associated at the request of the party concerned. A participant who has been granted legal aid may also be attached to a tax advisor, tax representative, auditor, sworn accountant or pension adviser. The remuneration is governed by the law applicable to the associated lawyer. (2) Legal aid shall not be granted if the party concerned by an agent within the meaning of § 73 (2) sentence 2 No 5 to 9 is represented. (3) § 109 para. 1 sentence 2 remains unaffected. (4) Examination of personal and economic circumstances according to § § 114 to 116 of the Code of Civil Procedure, including those referred to in § 118 (2) of the Civil Procedure Code Measures, the assessment of comparisons in accordance with § 118 (1) sentence 3 of the The Code of Civil Procedure and the decisions pursuant to Section 118 (2) sentence 4 of the Code of Civil Procedure shall be the responsibility of the official of the office of the respective legal proceedings if the Chairman transfers the proceedings to him in so far as it is concerned. If the conditions for the approval of the legal aid are not fulfilled, the official shall issue the decision to reject the application; otherwise, the official shall note in the proceedings that the applicant shall be informed in accordance with his/her application. (5) In the proceedings concerning legal aid to the public, it is possible to pay monthly instalments or amounts from the assets. (5) further the determination of the timing of the setting and the Resumption of payments pursuant to § 120 (3) of the Code of Civil Procedure as well as the amendment and cancellation of the approval of the legal aid in accordance with § § 120a and 124 (1) (2) to (5) of the Code of Civil Procedure. (6) The Chairman may The tasks referred to in paragraphs 4 and 5 shall be carried out at any time. § 5 (1) (1), § § 6, 7, 8 (1) to (4) and § 9 of the Law on Law Obligations shall apply mutah. with the proviso that the official shall be replaced by the judicial officer of the office of office. (7) § 155 (4) shall apply accordingly. (8) Against Decisions of the official in accordance with paragraphs 4 and 5 may be made within one month of the announcement of the court which shall decide definitively. (9) By Land Law, it may be determined that paragraphs 4 to 8 shall apply to the courts of the shall not be applicable to each country. Unofficial table of contents

Section 74

§ § 59 to 65 of the Code of Civil Procedure on the Dispute Cooperative and the main intervention shall apply accordingly. Unofficial table of contents

§ 75

(1) The Court of First Instance may, on its own account or at the request of others, whose legitimate interests are affected by the decision, invite others. In matters of social compensation law, the Federal Republic of Germany is to be accuded upon request. (2) In the contested legal relationship, third parties are involved in such a way that the decision can also be issued to them only in a uniform manner, or in the case of a rejection of the claim, the result is that, when the claim is rejected, another insurance institution, a basic insurance institution for jobseekers, a social welfare institution, a institution of benefits under the Asylum Seeker Benefits Act, or in Matters of social compensation law a country as liable to be paid in (2a) If, in accordance with paragraph 2, the first alternative is to charge more than 20 persons, the court may order by order that only those persons who do so within a given period shall be invited to to set a deadline. The decision shall be indisputable. He is known in the Federal Gazette. It must also be published in daily newspapers distributed throughout the federal territory. The contract notice may also be made in an information and communication system designated by the Court of Notices. The deadline must be at least three months from the date of the announcement. The date on which the application deadline expires is to be specified. In order to reinstate the previous stand due to failure to meet the deadline, § 67 shall apply accordingly. The court is intended to invite persons who are particularly affected by the decision to be affected, even without a request. (3) The decision of the consignment is to be sent to all parties concerned. The state of the matter and the reason for the consignment shall be indicated. The decision to invite the third party is indisputable. (4) The invited person may, within the requests of the other parties, assert his or her own means of attack and defence and carry out all procedural acts effectively. He/she may submit deviant applications only if an additional charge is available in accordance with paragraph 2. (5) An insurance institution, a basic insurance institution for jobseekers, a social welfare institution, a institution of benefits under the Asylum seeker performance law or in matters of social compensation law a country can be convicted after being summoned.

Second subsection
Evidence-proof procedure

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Section 76

(1) On the request of a participant, the taking of the eyebrow and the hearing of witnesses and experts may be ordered to secure the proof, if it is to be provided that the evidence is lost or its use is made more difficult , or if the present condition of a person or a matter is to be determined and the applicant has a legitimate interest in this finding. (2) The application is in the case of the social court responsible for the main case . In cases of urgent danger, the application may be made to another social court or a local court in whose district the persons to be held are staying or the subject matter to be held is situated. (3) For the § § 487, 490 to 494 of the Code of Civil Procedure shall apply accordingly.

Third Subsection
Pre-trial procedure and incontedious legal protection

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Section 77

If the appeal against an administrative act is not appealed or unsuccessfully filed, the administrative act shall be binding on the parties in the matter, unless otherwise provided by law. Unofficial table of contents

Section 78

(1) The legality and appropriateness of the administrative act must be verified in a preliminary procedure before the action of the challenge is raised. A preliminary procedure shall not be required if:
1.
a law determines this for special cases, or
2.
the administrative act has been issued by a supreme federal authority, a supreme state authority, or by the executive board of the Federal Employment Agency, unless a law prescries the review, or
3.
a country, an insurance institution, or one of its associations.
(2) (3) In the case of the commitment, paragraph 1 shall apply mutafictily if the application for the management act has been rejected. Unofficial table of contents

§ § 79 to 82 (omitted)

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Section 83

The preliminary procedure begins with the survey of the contradiction. Unofficial table of contents

Section 84

1. The objection shall be submitted in writing or in writing to the body which has adopted the administrative act within one month after the administrative act has been notified to the complain of that objection. The time limit for the announcement abroad is three months. (2) The time limit for the collection of the objection shall be deemed to be preserved even if the notice of opposition is to another domestic authority or to an insurance institution or to an insurance institution or to an insurance institution. the German consular authority or, as far as the insurance of seafarers is concerned, also with a German seaman office. The notice of opposition shall be forwarded without delay to the competent authority or to the competent insurance institution which shall submit it to the body responsible for the decision. In addition, § § 66 and 67 apply accordingly. Unofficial table of contents

Section 84a

§ 25 (4) of the Tenth Book of Social Code does not apply to the pre-trial procedure. Unofficial table of contents

§ 85

(1) If the opposition is deemed to be well founded, it shall be remedied. (2) If the objection is not remedied, the appeal shall be issued
1.
the next higher authority or, if it is a supreme federal authority or a supreme state authority, the authority that issued the administrative act,
2.
in matters of social security, the body designated by the representative assembly,
3.
in the affairs of the Federal Employment Agency, with the exception of the matters referred to in the Second Book of the Social Code, the body designated by the Executive Board,
4.
in matters of local self-government, the self-governing authority, unless otherwise determined by law.
By way of derogation from the first sentence of paragraph 1, in matters referred to in the Second Book of the Social Code and, in so far as national law does not provide for any derogation, in matters relating to the fourth chapter of the Twelfth Book of the Social Code, the competent institution shall be responsible for the , it shall also be responsible for the decision on the opposition; § 44b (1) sentence 3 of the Second Book of the Social Code shall remain unaffected. Provisions under which committees or advisory councils shall replace an authority shall remain unaffected by the preliminary procedure. By way of derogation from the first sentence of sentence 1, the committees or advisory councils may also be constituted by the authority which has adopted the administrative act. (3) The notice of opposition shall be issued, justified and communicated to the parties concerned. If the authority accepts a service, the provisions of Sections 2 to 10 of the Administrative Delivery Act shall apply. Section 5 (4) of the Administrative Appointing Act and Section 178 (1) (2) of the Code of Civil Procedure shall apply mutas to the persons authorized as authorized agents pursuant to Section 73 (2), second sentence, no. 3 to 9. The parties concerned shall be informed of the admissibility of the action, the time limit to be observed and the seat of the competent court. (4) Appeals concerning dormant contradictions may be decided by a public opinion of the general public. , if the legal situation underlying the contested administrative files has been confirmed by a decision of the Federal Constitutional Court, appeal modestly to a multitude of opposition leaders at the same time , and the legal status of the persons concerned shall be determined exclusively by is modified for all identical scales. The public announcement is made by publishing the decision on the Authority's Internet presence, in the Federal Gazette and in at least three national daily newspapers. The public announcement, the place of their announcement and the period of application of § 87 (1) sentence 3 are already to be mentioned in the notice of fame. Unofficial table of contents

§ 86

If, during the preliminary proceedings, the administrative act is amended, the new administrative act shall also be the subject of the preliminary procedure; it shall be notified without delay to the body which decides on the opposition. Unofficial table of contents

§ 86a

(1) The appeal and the action of appeal shall have suspensive effect. This also applies to administrative and administrative acts with a third party effect. (2) The suspensive effect is no longer necessary.
1.
in deciding on insurance, contribution and repayment obligations, as well as the requirement for contributions, levies and other public charges, including the incitation costs,
2.
in matters relating to social compensation law and the Federal Employment Agency, in the case of administrative acts that withdraw or reduce current performance,
3.
in respect of the action taken in respect of social security matters in the case of administrative acts which reduce or withdraw a current performance,
4.
in other cases prescribed by federal law,
5.
in cases where the immediate enforcement is in the public interest or in the overriding interest of a party, and the body which enacts the administrative act or has to decide on the appeal, the immediate enforcement of the to give written reasons for the special interest in immediate enforcement.
3. In the cases referred to in paragraph 2, the body which enacts the administrative act or which has to decide on the appeal may suspend all or part of the immediate enforcement. In the cases referred to in paragraph 2 (1), the suspension of enforcement shall take place where there are serious doubts as to the legality of the contested administrative act, or where the enforcement of the duties or expenses is an unreasonable one, would not result in harshness due to overriding public interests. In the cases referred to in paragraph 2 (2), in matters of social compensation law, the next highest authority shall be responsible, unless it is a supreme federal or supreme state authority. The decision may be subject to conditions or may be limited to a limited period. The position may change or cancel the decision at any time. (4) The suspensive effect shall not apply if a permit pursuant to Article 1 (1) of the Employees ' Admission Act in the version of the Notice of 3 February 1995 (BGBl. 158), as last amended by Article 2 of the Law of 23 July 2001 (BGBl I). I p. 1852) has been amended, repealed or not renewed. Paragraph 3 shall apply accordingly. Unofficial table of contents

§ 86b

(1) The Court of First Instance may, on request,
1.
in cases where opposition or counterclaim has suspensive effect, order in whole or in part the immediate enforcement of the law,
2.
in cases where opposition or challenge has no suspensive effect, order the suspensive effect, in whole or in part,
3.
in the cases of § 86a (3), restore the immediate enforcement in whole or in part.
If, at the time of the decision, the administrative act has already been carried out or has been followed, the court may order the annulment of the enforcement order. The restoration of the suspenseable effect or the order of immediate enforcement may be subject to conditions or may be limited to a limited period. The Court of First Instance may, at the request of the Court of First Instance, amend or repeal the measures at any time. (2) In so far as a case referred to in paragraph 1 does not exist, the Court of First Instance may, at the request of the Court of First Instance, make an injunction in relation to the subject of the dispute if there is a risk that the implementation of a right of the applicant could be foiled or substantially impeded by a change in the existing situation. Interim measures are also admissible in order to regulate a provisional state with regard to a dispute in dispute, if such a rule appears necessary to avoid significant disadvantages. The Court of First Instance is the Court of First Instance and, if the main proceedings are pending in the appeal proceedings, the Court of Appeal. § § 920, 921, 923, 926, 928, 929 (1) and (3), § § 930 to 932, 938, 939 and 945 of the Code of Civil Procedure shall apply accordingly. (3) The applications pursuant to paragraphs 1 and 2 shall be admissible before action is taken. (4) The court shall decide by Decision.

Fourth subsection
Procedure in the first legal proceedings

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Section 87

(1) The action shall be brought within one month of the announcement of the administrative act. The deadline shall be three months upon notification abroad. In the case of a public announcement according to Article 85 (4), the period shall be one year. The period shall begin to run on the day on which two weeks have elapsed since the day of the last publication. (2) If a preliminary procedure has taken place, the time limit shall begin with the notification of the notice of opposition. Unofficial table of contents

Section 88

(1) Where a request for an administrative act has been objectively not given within a reasonable time without a sufficient reason, the action shall not be admissible before the expiry of six months since the request for the application of the administrative act. If there is a sufficient reason why the administrative act requested has not yet been adopted, the court shall suspend the procedure until the expiry of a period specified by the court, which may be extended. If, within this period, the application is accepted, the main thing shall be declared void. (2) The same shall apply if there is no decision on an appeal, on the understanding that such a period of time shall be deemed to be three months shall apply. Unofficial table of contents

§ 89

The action shall not be bound by a time limit if the determination of the invalidity of an administrative act or the determination of the competent insurance carrier or the taking of an administrative act of failure is sought. Unofficial table of contents

§ 90

The action shall be brought before the competent court of the social jurisdiction in writing or in the minutes of the document of the Office of the Office of the Office. Unofficial table of contents

Section 91

(1) The time limit for the collection of the action shall be deemed to be respected even if the application is lodged with another domestic authority or an insurance institution or by the competent court of social justice within the period of time. of a German consular authority or, in the case of the insurance of seafarers, also with a German seaman's office abroad. (2) The application is immediately addressed to the competent court of social justice , Unofficial table of contents

§ 92

(1) The action must refer to the plaintiff, the defendant and the subject matter of the plea. The name of the defendant shall be sufficient to indicate the authority of the defendant. The action is intended to contain a specific application and be signed by the plaintiff or by a person authorized to represent it, with a place and time. The facts and evidence used in the explanatory statement are to be indicated, the disputed order and the notice of opposition are to be included in the transcript. (2) The Chairman does not meet these requirements, the Chairman shall have the plaintiff. to request the necessary supplement within a specified period. It may give the applicant a period of exclusive effect for the addition if it is lacking in one of the requirements referred to in the first sentence of paragraph 1. § 67 shall apply mutas to the reinstatation to the previous stand. Unofficial table of contents

Section 93

The application, the other pleadings and, if possible, the documents shall be accompanied by copies for the parties, subject to the second sentence of Article 65a (2). If the required copies are not filed, the court shall subsequently request them or make them themselves. The cost of the production can be recovered from the plaintiff. Unofficial table of contents

Section 94

(1) The application of the action shall be subject to the legal proceedings. (2) (3) Unofficial table of contents

§ 95

If a preliminary proceedings have taken place, the application shall be the subject of the original administrative act in the form which it has found through the opposition notice. Unofficial table of contents

§ 96

(1) A new administrative act shall be the subject of the proceedings for action only if, after the decision has been adopted, it has been issued and amended or replaced by the contested administrative act. (2) A copy of the new act The administrative act shall be notified to the court in which the proceedings are pending. Unofficial table of contents

Section 97

(repealed) Unofficial table of contents

Section 98

§ § 17, 17a and 17b (1), paragraph 2, sentence 1 of the Law on Judicial Constitution shall apply mutationally to the factual and local jurisdiction. Decisions in accordance with § 17a (2) and (3) of the Law on Judith Law are indisputable. Unofficial table of contents

§ 99

(1) An amendment to the action shall be admissible only if the other parties agree or the court considers the amendment to be relevant. (2) The consent of the parties to the amendment of the action shall be accepted if, without the amendment, it is necessary to: (3) It is not to be regarded as an amendment to the action, if without amendment of the plea, it is not to be regarded as a change of the action
1.
the actual or legal statements are supplemented or rectified;
2.
the application for action is extended or restricted in the main proceedings or in relation to any additional claims,
3.
instead of the originally required performance, a different performance is required due to a later change in the performance.
(4) The decision that an amendment to the action is not to be carried out or to be accepted shall be unquestionable. Unofficial table of contents

§ 100

In the case of the court of the action, a counterclaim may be made if the counterclaim is related to the claim asserted in the action or to the defence means brought against him. Unofficial table of contents

§ 101

(1) In order to complete or partially complete the claim asserted, the parties to the minutes of the minutes of the court or of the chairman or of the representative or requested judge may conclude a settlement as far as they are concerned with: The subject of the action may be taken. A judicial settlement may also be concluded by the fact that the parties to the Court of First Instance take a proposal from the Court of First Instance, the chairman or the rapporteur in the form of a decision in writing. (2) In so far as the claimed claim has been accepted, the dispute shall be dealt with in the main proceedings. Unofficial table of contents

Section 102

(1) The plaintiff may withdraw the action to the legal force of the judgment. The withdrawal of the proceedings shall be carried out in the main proceedings. (2) The action shall be deemed to be withdrawn if the plaintiff does not operate the proceedings for more than three months despite the court's request. Paragraph 1 shall apply accordingly. The plaintiff must be informed of the legal consequences resulting from the first sentence of the first sentence and, where applicable, the first sentence of Article 197a (1), in conjunction with section 155 (2) of the administrative court order. (3) , the Court of First Instance shall, at the request of the Court of First Instance, enter the proceedings by decision and shall decide on the costs incurred as far as these are The decision shall be indisputable. Unofficial table of contents

Section 103

The Court of First Instance investigates the facts on its own merits; the parties concerned are to be found in the process. It is not bound up with the arguments and the requests for evidence by the parties. Unofficial table of contents

Section 104

The chairman shall send a copy of the action to the other parties concerned. At the same time as the delivery or notification is received, the request shall be issued in writing; § 90 shall apply accordingly. A time limit may be set for the utterance, which shall not be less than one month. The request must include the indication that it is also possible to negotiate and decide if the statement does not enter into force within the time limit. To the extent that the court requests the sending of administrative acts, the court shall, within one month of receipt of the request, be made to the competent administrative institution. The sending of a certified copy shall be the same as the consignment of the original administrative files, unless the court wishes to send the original administrative files. Unofficial table of contents

Section 105

(1) The court may decide, without oral proceedings, by a court decision, if the case does not have any particular difficulties of an actual or legal nature and the facts have been clarified. The participants must be heard beforehand. The rules on verdicts shall apply. (2) The parties may, within one month after the notification of the court, appeal the appeal, which would be admissible if the court had ruled by judgment. If the appeal is not given, oral proceedings may be requested. If both an appeal is filed and oral proceedings are requested, oral proceedings shall be held. (3) The judgment of the court acts as a judgment; if oral proceedings are requested in good time, it shall be deemed not to have been issued. (4) Oral proceedings shall be held in the oral proceedings. The Court of First Instance may, in the judgment, depart from a further presentation of the facts and the reasons for the decision, in so far as it follows the grounds of the Court of First Instance and establishes this in its decision. Unofficial table of contents

Section 106

(1) The Chairman shall seek to remove formal errors, explain unclear applications, submit relevant applications, provide insufficient information of an actual nature, and all the essential elements for the determination and assessment of the facts. (2) Before the oral proceedings, the chairman shall take all measures necessary to ensure that the litigation is carried out as soon as possible during oral proceedings. (3) To this end, he may, in particular:
1.
request the communication of documents and the transmission of electronic documents,
2.
Provide medical papers, records, medical histories, secretion and examination findings, as well as X-ray images,
3.
to obtain information of any kind,
4.
Witnesses and experts may, in appropriate cases, hear or, even otally, be heard by the judge who has been requested,
5.
Order and carry out the inspection by experts,
6.
other parts,
7.
, arrange an appointment, arrange the personal appearance of the parties concerned and discuss the facts with them.
(4) For the taking of evidence, § § 116, 118 and 119 shall apply accordingly. Unofficial table of contents

§ 106a

(1) The chairman may set a time limit for the plaintiff to indicate the facts, by taking into account or not taking into account the administrative procedure he feels complain. (2) The chairman may be a party to a party under a time limit. give up, at certain events
1.
to indicate facts or to identify evidence;
2.
To provide documents or other movable property and to transmit electronic documents to the extent that the person concerned is obliged to do so.
(3) The court may reject statements and evidence submitted only after the expiry of a time limit set in paragraphs 1 and 2, and may decide without further investigation, if:
1.
their authorisation would delay the execution of the dispute, according to the court's free conviction, and
2.
the party did not apologize enough for the delay and
3.
the party concerned has been informed of the consequences of a deadline for failure to meet the deadline.
The reason for the apology shall be credible at the request of the court. Sentence 1 shall not apply if it is possible with little effort to identify the facts without the participation of the person concerned. Unofficial table of contents

Section 107

A copy of the minutes of the taking of evidence or the contents thereof shall be communicated to the parties concerned, after the chairman has been appointed. Unofficial table of contents

Section 108

The parties may submit submissions for the preparation of the oral proceedings. The pleadings shall be notified to the other parties by their own motion. Unofficial table of contents

§ 109

(1) At the request of the insured person, the disabled person, the person entitled to care or the surviving dependants, a particular physician must be consulted. The hearing may be made conditional upon the applicant having to pay the costs and, subject to any other decision of the Court of First Instance, definitively. (2) The court may refuse an application if, by the authorisation, the Legal proceedings would be delayed and the request for the court's free conviction in the intention to delay the proceedings, or of gross negligence, was not brought forward earlier. Unofficial table of contents

§ 110

(1) The Chairman determines the place and time of the oral proceedings and generally informs them of the parties two weeks in advance. The parties must be informed that in the event of their failure to act according to the situation of the files, a decision can be taken. (2) The court may also hold meetings outside the place of jurisdiction if this is necessary for the proper execution of the proceedings. (3) § 227 The first sentence of paragraph 3 of the Code of Civil Procedure shall not apply. Unofficial table of contents

§ 110a

(1) The court may, on request or on its own account, allow the parties, their agents and advisers to stay in another place during oral proceedings and to carry out procedural acts there. The trial will be transferred simultaneously in picture and sound to this place and to the meeting room. (2) The court may, upon request, allow a witness or expert to stay in another place during a questioning. The interrogation is transmitted simultaneously in picture and sound to this place and into the meeting room. If the parties, authorised agents and advisers referred to in the first sentence of paragraph 1 have been authorised to reside in another place, the hearing shall also be transferred to that place. (3) The transfer shall not be recorded. The decisions referred to in the first sentence of paragraph 1 and the first sentence of paragraph 2 shall be indisputable. (4) Paragraphs 1 and 3 shall apply in accordance with the dates of the discussion (Section 106 (3) (7)). Unofficial table of contents

Section 111

(1) The Chairman may order the personal appearance of a party to the oral proceedings, as well as invite witnesses and experts. (2) The summons of witnesses and experts are to be communicated to the parties in the communication of the term for oral proceedings. (3) The court may not have a natural person, who is not a natural person. Person is to give up an official or employee for oral proceedings or an appointment in accordance with Section 106 (3) (7), who shall provide written proof of the power of representation and on the legal and legal situation is sufficiently informed. Unofficial table of contents

Section 112

(1) The Chairman shall open and direct the oral proceedings. It begins after the matter has been called up with the presentation of the facts. (2) Then the participants receive the word. The Chairman has to discuss matters of interest and dispute with the parties concerned and to act in such a way as to explain fully the facts of the matter and to submit appropriate and relevant applications. (3) The applications may be supplemented, (4) The Chairperson shall, on request, allow any co-sitter to ask any relevant questions. If a question has been objected to by a party, the Court of First Instance shall decide definitively. Unofficial table of contents

Section 113

(1) The Court may, by taking a decision, associate a number of legal disputes which have been brought before the Court of the same parties or of various parties to the joint negotiation and decision, if the claims which the subject-matter of which (2) The connection may, if it is appropriate, be rescind at the request or on its own account. Unofficial table of contents

Section 114

(1) In the event that the decision of a dispute depends on a family or legal relationship, the court may suspend the proceedings until such a relationship has been established in the civil procedure. (2) If, in whole or in part, the existence or non-existence of a legal relationship constitutes the subject-matter of another pending legal dispute or has been established by an administrative body, the court may order that the Proceedings pending the execution of the other dispute or until the decision of the The administrative body should be suspended. The court may, upon request, suspend the trial for the purpose of curing procedural and procedural errors to the extent that this is relevant for the purposes of the concentration of the proceedings. (2a) The decision of the dispute shall be suspended from the validity of a statutes or statutes. any other provision in rank under a Land Law which has been enacted in accordance with Article 22a (1) of the Second Book of the Social Code and the Land Law issued thereto, the court may order that the trial until the (3) The court may, if in the case of the application procedure, the court may decide to suspend the application procedure. In the course of a dispute, the suspicion of a criminal offence whose determination to determine the decision is of influence shall order the suspension of the trial until the criminal proceedings have been carried out. Unofficial table of contents

§ 114a

(1) Where the legality of an administrative measure is the subject of more than 20 proceedings in a court, the court may, in advance, carry out one or more appropriate procedures (model proceedings) and suspend the other procedures. The participants must be heard beforehand. The decision shall be indisputable. (2) If a final decision has been taken on the model proceedings carried out, the court may, after consulting the parties concerned, decide on the procedures suspended by a decision if it considers that it is unanimous in the opinion of the Court of First Instance is that the goods have no significant features of actual or legal nature in relation to the legally determined pattern procedure and that the facts have been clarified. The Court of First Instance may introduce evidence raised by a model procedure and may, at its discretion, order the repeated questioning of a witness or a new opinion by the same or other experts. The Court of First Instance may refuse to give evidence on facts which have already been demonstrated by the model procedure if, according to its free conviction, its authorisation does not contribute to the verification of new facts and the completion of the facts of the lawsuit. The refusal may be made in the decision as set out in the first sentence. The party concerned is against the decision under sentence 1 of the appeal, which would be admissible if the Court of First Instance had ruled by judgment. The parties concerned shall be informed of the appeal. Unofficial table of contents

§ 115

If a party involved in the trial has been removed from the place of negotiation in order to maintain order, it may be the same as if he had voluntarily removed himself. The same shall apply in the case of section 73 (3) sentences 1 and 3, if the rejection had already occurred in a previous negotiation. Unofficial table of contents

Section 116

The participants will be notified of all evidence-taking dates and may attend the taking of evidence. They may allow relevant questions to be addressed to witnesses and experts. If a question is objected to, the court shall decide. Unofficial table of contents

Section 117

The Court of First Instance finds evidence at the oral proceedings, in so far as the evidence of evidence does not require a special date. Unofficial table of contents

Section 118

(1) Unless otherwise specified in this Act, the taking of evidence shall be governed by § § 358 to 363, 365 to 378, 380 to 386, 387 para. 1 and 2, § § 388 to 390, 392 to 406 paragraphs 1 to 4, § § 407 to 444, 478 to 484 of the Civil Procedure Code , The decision on the legality of the refusal pursuant to Section 387 of the Code of Civil Procedure shall be taken by decision. (2) witnesses and experts shall only be sworn in if the court so does so with regard to the importance of the certificate or opinion for the (3) The Chairman may prohibit the occurrence of a representative of a process as long as the party is not fully established in spite of the arrangement of her personal appearance, and thereby the purpose of the party is to be the order will be foiled. Unofficial table of contents

§ 119

(1) An authority shall not be required to submit documents or files, to transmit electronic documents and to provide information, if the competent supreme supervisory authority declares that the disclosure of the contents of such documents, files, of electronic documents or information would be detrimental to the good of the Federal Government or of a German country, or that the transactions must be kept secret according to a law or by its nature. (2) Documents or files and information provided by a supreme federal authority shall be subject to the submission of the Documents or files, the transmission of electronic documents and the provision of information shall not be granted unless the declaration referred to in paragraph 1 is made by the Federal Government. The Land Government shall make the declaration, if these conditions are met by a supreme state authority. Unofficial table of contents

§ 120

(1) The parties shall have the right of access to the files, in so far as the competent authority does not exclude it. (2) Participants may, at their expense, issue copies, excerpts, prints and copies of their costs by the office. . At the discretion of the Chairman, an authorised representative, who is one of the natural persons referred to in Article 73 (2), first sentence and 2, No. 3 to 9, may take the file into the home or business premises, electronic access to the content. the files are permitted or the contents of the files are transmitted electronically. Section 155 (4) shall apply accordingly. In the case of electronic access to the contents of the files, it is necessary to ensure that access is made only by the authorised representative. For the transmission of electronic documents, the entirety of the documents must be provided with a qualified electronic signature in accordance with § 2 No. 3 of the Signature Act and shall be protected against unauthorized knowledge. Costs are not collected for the sending of files, the transmission of electronic documents and the granting of electronic access to files, unless the court costs law applies in accordance with § 197a. (3) The Chairman may be made of special To refuse or restrict access to the files or parts of the file, as well as the manufacture or issue of extracts and copies. The court may be seised against any denunciation or restriction of access to the file; it shall decide definitively. (4) The drafts of judgments, decisions and orders, the work prepared for their preparation, and the documents, Which votes relate to, shall not be communicated or communicated in writing. Unofficial table of contents

Section 121

After a sufficient discussion of the matter, the chairman shall declare the oral proceedings closed. The Court of First Instance may decide to reopen it. Unofficial table of contents

§ 122

§ § 159 to 165 of the Code of Civil Procedure shall apply mutas to the minutes of the publication.

Fifth Subsection
Judgments and Decisions

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§ 123

The court shall decide on the claims raised by the plaintiff without being bound by the version of the claims. Unofficial table of contents

Section 124

(1) The court decides, unless otherwise specified, on the basis of oral proceedings. (2) With the agreement of the parties, the court may decide by judgment without oral proceedings. (3) Decisions of the Court of First Instance which do not comply with the judgment of the Court of First Instance. Judgments may be made without oral proceedings, unless otherwise specified. Unofficial table of contents

§ 125

The action, unless otherwise specified, shall be decided by judgment. Unofficial table of contents

§ 126

The court may, if it has been pointed out in the summons to this possibility, decide on the situation of the files if no one of the parties concerned appears in an appointment or if the parties to the proceedings have been requested to do so in the absence of any interested parties. Unofficial table of contents

§ 127

If a participant has not been notified that the oral proceedings are being carried out, and if he is not present or represented at the hearing, a judgment which is unfavourable to him may not be issued at that date. . Unofficial table of contents

§ 128

(1) The Court of First Instance shall decide on its free conviction, which is obtained from the overall result of the proceedings. The judgment shall state the reasons for which the judicial convictions have been made. (2) The judgment may only be based on facts and evidence of evidence to which the parties concerned have been able to express their views. Unofficial table of contents

Section 129

The judgment can only be delivered by the judges who took part in the trial on which the judgment was based. Unofficial table of contents

§ 130

(1) If, in accordance with Section 54 (4) or (5), a benefit is sought in money on which there is a legal claim, it is also possible for the performance to be condemned only in accordance with the principles of the law. In this case, a one-off or ongoing preliminary power can be arranged in the judgment. The order of the provisional service cannot be challenged. (2) The court may decide in advance, if this is relevant, by an intermediate judgment on a substantive issue or a matter of law which is significant. Unofficial table of contents

Section 131

(1) Where an administrative act or an appeal, which has already been completed, is repealed, the Court of First Instance may declare that, and in what manner, the enforcement of the administrative act shall be reversed. This is only permissible if the administrative body is legally in a position to do so, and this question is readily available in any relationship. If the administrative act has been dealt with in advance by withdrawal or otherwise, the court shall, on request, claim by judgment that the administrative act is unlawful if the plaintiff has a legitimate interest in this statement. (2) Does that hold The Court of First instance justifies the conviction for the adoption of a rejected administrative act and that question in any relation for opposition, the judgment shall be the obligation to adopt the administrative act requested. Moreover, paragraph 3 shall apply. (3) If the Court of First Instance considers that an administrative act is unlawful, the judgment must be given an obligation to make the plaintiff modest in compliance with the law of the Court of First Instance. (4) Court a choice within the meaning of section 57b or an election to the self-governing bodies of the associations of cash-medical associations or the national associations of the treasury, in whole or in part, or a supplement to the self-governing bodies, shall be invalid, it does so in the judgment, and determines the consequences of the (5) If the court considers that further information is necessary, it may, without ruling in the matter itself, lift the administrative act and the appeal decision, insofar as the type or extent of the necessary information is still necessary. Investigations are important and the lifting is also relevant, taking into account the interests of the parties involved. Sentence 1 shall also apply to cases of conviction for the adoption of an administrative act and in the case of claims pursuant to Section 54 (4); paragraph 3 shall apply accordingly. At the request of the Court of First Instance, the Court of First Instance may, pending the adoption of the new administrative act, take a restrainable order, in particular to determine that collateral is to be provided or to remain in whole or in part, and that benefits shall not be returned first . The decision may be amended or repealed at any time. A decision in accordance with the first sentence may be taken only within six months from the date of receipt of the files of the Authority in court. Unofficial table of contents

Section 132

(1) The judgment is given in the name of the people. It shall be announced in principle in the date when the oral proceedings are closed. By way of exception, the judgment may be given in a date to be immediately scheduled, which shall not be scheduled for more than two weeks. A summons of the participants is not required. (2) The verdict is announced by reading the judgment formula. In the case of the announcement, the essential content of the decision-making grounds shall be communicated when participants are present. Unofficial table of contents

§ 133

In the case of judgments which are not due to oral proceedings, the delivery shall be replaced by service. This shall apply in the event of the announcement of decisions. Unofficial table of contents

Section 134

(1) The judgment shall be signed by the Chairman. (2) The judgment shall be sent to the office before the end of a month, calculated on the date of delivery. In the case of § 170a, the time limit is extended by the time required for the hearing of the honorary judges. (3) On the judgment, the official of the office of the office must note the day of delivery or delivery and have this note. sign. If the files are kept in electronic form, the official of the office shall hold the endorsement in a separate document. The document is inextricably linked to the judgment. Unofficial table of contents

§ 135

The judgment shall be delivered without delay to the parties concerned. Unofficial table of contents

Section 136

(1) The judgment shall contain:
1.
the description of the parties, their legal representatives and the agents by name, place of residence and their position in the proceedings;
2.
the name of the court and the names of the members who took part in the decision,
3.
the place and day of the oral proceedings,
4.
the judgment of the judgment,
5.
the repressed depiction of the facts,
6.
the reasons for the decision,
7.
the right of appeal.
(2) The presentation of the facts may be replaced by a reference to the content of the preparatory pleadings and to the statements made to the minutes of proceedings, insofar as they are correct and correct in the circumstances of the property and the dispute. is complete. In any case, however, the claims raised must be sufficiently marked and the means of attack and defence made available to them must be emphasized by their nature. (3) The court can see from a further description of the reasons for the decision, in so far as it follows the statement of reasons of the administrative act or of the appeal and determines this in its decision. (4) If the judgment is announced in the date in which the oral proceedings have been concluded, it shall be necessary for the Facts and reasons of decision not, if plaintiffs, defendant and others Parties entitled to appeal shall waive the judgment against the right of appeal. Unofficial table of contents

Section 137

The copies of the judgment must be signed by the official of the office of the office and shall be provided with the court seal. Copies, excerpts and copies of a judgment in the form of an electronic document (§ 65a (3)) may be issued by a judgment in accordance with Section 65b (4). Extracts and copies of a judgment in paper form may be issued by telecopia or as an electronic document (Section 65a (3)). The telecopia has a reproduction of the court seal, the telecopia to issue an extract additionally the signature of the official of the office of the office. The electronic document shall be accompanied by a qualified electronic signature of the office of the office of the office of the office. Unofficial table of contents

§ 138

Writing errors, calculation errors and similar apparent inaccuracies in the judgment are to be corrected at any time by the Office of the Office of the European Parliament. The Chairman shall decide on this by decision. The amending decision shall be recorded on the judgment and on the copies. If the files are kept in electronic form, the official of the office shall hold the endorsement in a separate document. The document is inextricably linked to the judgment. Unofficial table of contents

Section 139

(1) If the facts of the judgment contain other inaccuracies or ambiguities, the correction may be requested within two weeks of the date of notification of the judgment. (2) The court shall decide without taking any evidence by decision. The decision shall be indisputable. Only the judges who participated in the judgment shall act in the decision. If a judge is prevented from voting, the vote of the chairman shall be decided in the event of a tie. The decision of correction shall be recorded on the judgment and the copies. (3) If the judgment is electronically drafted, the decision shall also be drafted electronically and be inseparably linked to the judgment. Unofficial table of contents

§ 140

(1) If the judgment has left a claim or the point of cost in whole or in part raised by a person concerned, it shall be subsequently supplemented upon request. The decision must be made within one month from the date of delivery of the judgment. (2) The application shall be decided in a special procedure. The decision shall be taken, if only the point of cost, by a decision which may be contested only in the main proceedings, and by a judgment which has the effect of the right of appeal in the case of the previous claim. (3) The oral proceedings have only the unfinished part of the litigation on the subject. (4) The supplementary decision shall be noted on the original of the judgment and the copies. Unofficial table of contents

Section 141

(1) bind legally binding judgments to the extent that the object of the dispute has been decided,
1.
the parties and their legal successor,
2.
in the case of section 75 (2a), persons who have not submitted an application for consignment or who have not submitted a request for a period of time.
(2) Where the defendant has asserted the offsetting of a counterclaim, the decision that the counterclaim does not exist shall be capable of the amount of the legal force for which the offsetting has been claimed. Unofficial table of contents

Section 142

(1) For decisions, § 128 (1) sentence 1, § § 134 and 138, after oral proceedings also apply the § § 129, 132, 135 and 136 accordingly. (2) Decisions must be justified if they can be appealed by appeal or if they have to be Decide on the right of appeal. Decisions on the restoration of the suspensive effect and on interim measures (§ 86b) as well as decisions after completion of the legal dispute on the main object must always be justified. Decisions which decide on an appeal do not require any further reasons, in so far as the court rejects the appeal as unfounded on the grounds of the contested decision. (3) The decisions of the Court of First Instance shall be removed from the decision of the Court of Justice. To sign office officials of the office.

Sixth subsection
(dropped)

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§ 142a

(dropped)

Second section
Legal remedies

First subsection
Appeal

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Section 143

The judgments of the Social Courts shall be appealed to the State Social Court, unless otherwise provided for by the provisions of this subsection. Unofficial table of contents

Section 144

(1) The appointment shall be subject to admission in the judgment of the Social Court or to appeal by decision of the State Social Court, if the value of the subject of appeal
1.
in the case of an action relating to a monetary, service or material performance or an administrative act to that effect, 750 euro or
2.
in the case of a refund dispute between legal persons under public law or authorities, EUR 10,000
does not exceed. This shall not apply if the appointment relates to recurring or ongoing benefits for more than one year. (2) The appeal shall be permitted if:
1.
the fundamental importance of the case,
2.
the judgment deviates from a decision of the State Social Court, the Federal Social Court, the Joint Senate of the Supreme Court of Justice of the Federal Republic of Germany or the Federal Constitutional Court, and is based on this deviation, or
3.
a procedural violation which is subject to the assessment of the Court of Appeal is asserted and is available on which the decision may be based.
(3) The Regional Social Court is bound by the admission. (4) The appeal is excluded if it is the cost of the proceedings. Unofficial table of contents

§ 145

(1) The non-authorisation of the appeal by the Social Court may be challenged by appeal. The appeal must be lodged with the Regional Social Court in writing or in writing of the official document within one month of the date of notification of the complete judgment. (2) The appeal is to refer to the judgment under appeal and to the (3) The appeal of the appeal inhibits the legal force of the judgment. (4) The Regional Social Court decides by decision. The authorisation of the appointment does not require any justification. The rejection of the complaint should be accompanied by a brief explanatory statement. With the rejection of the appeal, the judgment becomes final. (5) The appeal proceedings are continued as an appeal by the State Social Court; the lodging of an appeal by the appellant does not need to be filed. This should be pointed out in the decision. Unofficial table of contents

§ § 146 to 150 (omitted)

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Section 151

(1) The appeal shall be lodged with the Regional Social Court in writing or for the minutes of the original customer of the office within one month after the date of delivery of the judgment. (2) The appeal period shall also be maintained if the appeal within the time-limit shall be lodged with the Social Court in writing or in the minutes of the Office of the Office of the Office of the Office of the Office. In this case, the Social Court shall immediately submit the appeal or the minutes with its files to the State Social Court (Landessozialgericht). (3) The appeal shall refer to the judgment under appeal, contain a specific application, and which shall be the subject of the appeal. Provide the justification for the facts and evidence. Unofficial table of contents

Section 152

(1) The Office of the Regional Social Court shall, immediately after the appeal has been filed, request the proceedings of the Social Court from the office of the Social Court. (2) After the appointment has been made, the files of the Office of the Social Court shall be filed. of the Social Court, in addition to a certified copy of the judgment issued in the Appellate Body. Unofficial table of contents

Section 153

(1) For the proceedings before the National Social Courts, the provisions relating to the procedure in the first legal suit shall apply, with the exception of § § 91, 105, insofar as nothing else is apparent from this subsection. (2) The Regional Social Court may in (3) The judgment is to be held by the members of the Senate, to the extent that the appeal has been rejected as unfounded on the grounds of the contested decision. (3) sign. If a member is prevented, the chairman, in the event of which the oldest appellate judge is prevented from doing so, shall be prevented from doing so under the judgment stating the reason for the obstacle. (4) The State Social Court may, except in the cases of § 105 (2) Sentence 1, rejecting the appeal by decision if it does not consider it to be necessary unanimously and for oral proceedings to be unfounded. The participants must be heard beforehand. § 158, sentences 3 and 4 shall apply accordingly. (5) In the cases of § 105 (2) sentence 1, the Senate may, by decision, delegate the appointment to the rapporteur, who shall decide together with the honorary judges. Unofficial table of contents

Section 154

(1) The appeal and the appeal pursuant to Section 144 (1) shall have suspensive effect to the extent that the action pursuant to Section 86a of the appeal has been effected. (2) The appeal and the appeal pursuant to Section 144 (1) of an insurance carrier or in the supply of war victims of an insurance carrier In so far as they are amounts to be repaid for the period prior to the adoption of the judgment under appeal, the country shall have the effect of postponing the postponing. Unofficial table of contents

§ 155

(1) The Chairman may delegate his duties in accordance with § § 104, 106 to 108 and 120 to a professional judge of the Senate. (2) The Chairman shall decide if the decision is taken in the preparatory proceedings,
1.
on the suspension and suspension of the procedure;
2.
in the event of withdrawal of the action or appeal, waiver of the claim or the recognition of the claim, including a request for legal aid;
3.
in the event of a legal dispute in the main proceedings, including a request for legal aid;
4.
on the value of the dispute;
5.
about costs.
In urgent cases the chairman also decides on the application pursuant to § 86b para. 1 or 2. (3) In the consent of the parties, the chairman may also decide otherwise instead of the senate. (4) If a rapporteur is appointed, the decision shall be taken of this instead of the chairman. Unofficial table of contents

Section 156

(1) The appeal may be withdrawn up to the legal force of the judgment or of the decision taken pursuant to Section 153 (4) or § 158 sentence 2. The withdrawal after the end of the oral proceedings requires the consent of the appellant. (2) The appeal shall be deemed to be withdrawn if the appellant does not comply with the proceedings for more than three months despite the court's request. Operates. The appeal is to be pointed out in the invitation to the legal consequences arising from the first sentence and, where applicable, the first sentence of § 197a (1), in conjunction with Section 155 (2) of the Administrative Court order. The court finds, by decision, that the appeal is deemed to be withdrawn. (3) The withdrawal brings about the loss of the legal remedy. The court shall decide on the costs on request by decision. Unofficial table of contents

Section 157

The State Social Court shall examine the dispute on the same scale as the Social Court. It has also to take into account newly introduced facts and evidence. Unofficial table of contents

§ 157a

(1) New statements and evidence which have not been brought forward in the first legal proceedings against a time limit set for this purpose (§ 106a (1) and (2)) may be rejected by the court under the conditions set out in § 106a (3). (2) Statements and Evidence that the Social Court was right to reject is also excluded in the appeal proceedings. Unofficial table of contents

Section 158

If the appeal is not subject to a statutory period, or not in writing or in electronic form, or in the form of a copy of the official of the office, it shall be deemed to be inadmissible. The decision may be taken by decision. The decision against the decision is the right of appeal, which would be admissible if the court had ruled by judgment. The parties concerned shall be informed of this legal remedy. Unofficial table of contents

Section 159

(1) The State Social Court may, by judgment, cancel the decision under appeal and refer the case back to the Social Court if:
1.
has dismissed the action without deciding in the case itself,
2.
the procedure suffers from a substantial defect and, due to this lack of evidence, it is necessary to take on extensive and complex evidencing of evidence.
(2) The Social Court has the right to base its decision on the legal assessment on which the annulment is based.

Second subsection
Revision

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§ 160

(1) The decision of the Federal Social Court to the Federal Social Court against the judgment of a national social court and against the decision pursuant to Section 55a (5) sentence 1 shall only be applied to the parties if they are in the decision of the Regional Social Court or in the decision of the Federal Social Court. The Federal Social Court has been approved in accordance with § 160a (4) sentence 1. (2) It is to be permitted only if:
1.
the case is of fundamental importance, or
2.
the judgment deviates from a decision of the Federal Social Court, the Joint Senate of the Supreme Courts of the Federal Republic of Germany or the Federal Constitutional Court, and is based on this deviation, or
3.
a procedural violation is claimed on which the contested decision can be based; the procedural defect claimed cannot be based on an infringement of Sections 109 and 128 (1) sentence 1 and on a violation of Section 103 only, if he refers to an application for proof which the National Social Court has not followed without sufficient justification.
(3) The Federal Social Court shall be bound by the authorisation. Unofficial table of contents

§ 160a

(1) The non-authorisation of the revision may be challenged independently by appeal. The appeal shall be lodged with the Federal Social Court within one month of the notification of the judgment. The notice of appeal shall be accompanied by a copy or a certified copy of the judgment against which the revision is to be filed. Sentence 3 shall not apply to the extent that electronic documents are transmitted in accordance with Section 65a. (2) The appeal shall be justified within two months of the date of notification of the judgment. The period of justifications may be extended once up to one month to a request submitted by the chairman before the expiry of the period. In the explanatory statement, the fundamental importance of the case must be set out, or the decision which deviates from the judgment of the State Social Court, or the procedural defect. (3) The lodging of the appeal inhibits the legal force. of the judgment. (4) The Federal Social Court decides on the basis of the award of the honorary judges by decision; § 169 shall apply accordingly. The decision shall be accompanied by a brief explanatory statement, except where it is not appropriate to contribute to the clarification of the conditions under which the revision is granted. With the rejection of the complaint by the Federal Social Court, the judgment will be final. If the appeal is granted, the delivery of this decision begins with the course of the revision period. (5) In the decision the Bundessozialgericht (Federal Social Court) can repeal the contested judgment and repeal the conditions of § 160 (2) No. 3. to refer the matter back to a retrial and a decision. Unofficial table of contents

Section 161

(1) In the case of the judgment of a Social Court, the parties to the Court of Appeal overpass the appeal if the opponent agrees in writing and if it is approved by the Social Court in the judgment or upon request by a decision. The application shall be made in writing within one month of the date of notification of the judgment. The consent of the opponent shall be attached to the application or, if the revision is approved in the judgment, to the revision copy. (2) The revision shall only be permitted if the conditions of § 160 (2) no. 1 or 2 are fulfilled. The Federal Social Court is bound by the admission. The rejection of the authorization shall be indisputable. (3) If the social court rejects the application for authorisation of the revision by decision, the notification of that decision shall begin with the period of appeal or the time limit for the appeal against the Dismissal of the appeal, if the application was filed in the legal form and in the time limit and accompanied by the consent of the opponent. (4) The revision cannot be based on defects in the procedure. (5) The filing of the revision and the approval of the review shall not be based on any shortcomings in the procedure. of the opponent shall be deemed to be a waiver of the appeal if the Social Court has approved the revision. Unofficial table of contents

Section 162

The revision can only be based on the fact that the judgment under appeal is based on the infringement of a provision of the federal law or of any other provision in the district of the Court of Appeal, the scope of which is to be found in the district of the Court of Appeal. Unofficial table of contents

Section 163

The Federal Social Court is bound by the actual findings made in the judgment under appeal, except where admissible and justified grounds for revision are brought forward with regard to these findings. Unofficial table of contents

Section 164

(1) The revision shall be submitted in writing to the Federal Social Court within one month of the notification of the judgment or of the decision on the approval of the revision (§ 160a (4) sentence 1 or § 161 (3) sentence 2). The revision must state the judgment under appeal; a copy or a certified copy of the judgment under appeal shall be annexed, unless this has already been done in accordance with Article 160a (1) sentence 3. The second half-sentence shall not apply in so far as electronic documents are transmitted in accordance with Section 65a. (2) The revision shall be justified within two months of the date of notification of the judgment or of the decision on the approval of the revision. The time limit for justifications may be extended to a request submitted by the chairman before the expiry of the period. The explanatory statement must contain a specific request, the injured legal standard and, to the extent that there are procedural shortcomings, refer to the facts which result in the defect. Unofficial table of contents

Section 165

For the purpose of the revision, the provisions relating to the appointment shall apply accordingly, insofar as nothing else results from this sub-section. § 153 (2) and (4) as well as § 155 (2) to (4) shall not apply. Unofficial table of contents

§ 166 (omitted)

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Section 167

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§ 168

Changes of action and charges shall be inadmissible in the revision procedure. This shall not apply to the consignment of the Federal Republic of Germany in matters relating to the right of social compensation pursuant to section 75 (1) sentence 2 and, if the consignor agrees, for condolences pursuant to section 75 (2). Unofficial table of contents

§ 169

The Bundessozialgericht (Federal Social Court) has to examine whether the revision has been filed and whether it has been filed and justified in the legal form and time limit. If there is a lack of one of these requirements, the revision shall be rejected as inadmissible. The reprehension without oral proceedings takes place by decision without the contraction of the honorary judges. Unofficial table of contents

§ 170

(1) If the revision is unfounded, the Federal Social Court shall reject the revision. If the reasons for the decision give rise to a violation of the law, the decision itself, however, is considered correct for other reasons, the revision must likewise be rejected. (2) If the revision is justified, the Federal Social Court has in the To decide for yourself. If this is not the case, it may remove the judgment under appeal with the findings on which it is based and refer the matter back to the court which issued the judgment under appeal for further negotiation and decision. (3) The The decision on the revision does not need to be justified, insofar as the Federal Social Court does not consider Rügen to be able to understand procedural shortcomings. This does not apply to complaints pursuant to section 202 in conjunction with Section 547 of the Code of Civil Procedure and, if only procedural defects are asserted with the revision, for Rügen on which the approval of the revision is based. (4) Redends the In the case of the revision of the Federal Social Court (Bundessozialgericht) in accordance with Section 161 of the German Court of Justice, it is also possible, at its discretion, to refer the matter back to the State Social Court, which would have been responsible for the appeal. The same principles apply to the proceedings before the State Social Court, as if the legal dispute had been brought before the State Social Court for a duly filed appeal. (5) The court to which the case for revocation was renewed The decision has to be based on the legal assessment of the Court of Revision. Unofficial table of contents

§ 170a

A copy of the judgment shall be sent to the honorary judges who have participated in the decision before being sent to the office of business. The honorary judges can comment on this within two weeks from the chairman of the recognizing senate. Unofficial table of contents

Section 171

If, during the review procedure, the administrative act under appeal is amended or replaced by a new one, the new administrative act shall be deemed to have been challenged by the social court, unless the applicant is required to do so by the new administrative act shall be filed or fully satisfied by the decision of the Revisional Court on the first administrative act of the plea for the plea.

Third Subsection
Complaint, Reminder, Hearing of Hearing

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Section 172

(1) Against the decisions of the Social Courts, with the exception of the judgments and against decisions of the chairpersons of these courts, the appeal shall be made to the State Social Court, unless otherwise provided in this law. (2) Executive orders, declarations of enlightenment, decision-making decisions, time-limits, decisions of evidence, decisions on the rejection of evidence, the connection and separation of proceedings and claims, and the rejection of Judicial staff and experts cannot be challenged with the complaint. (3) The complaint is excluded
1.
in the case of incarnate legal protection, where the main reason for the appointment of the authorisation is to be:
2.
against the rejection of legal aid if:
a)
the court of law negates the personal or economic conditions for legal aid,
b)
in the main proceedings, the appointment of the authorisation should be subject to
c)
the court in the case decides by a decision against which the appeal is excluded,
3.
against basic cost decisions in accordance with § 193,
4.
against decisions pursuant to Section 192 (4), if there is no legal remedy in the main proceedings and the value of the subject-matter does not exceed 200 euros.
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Section 173

The appeal shall be filed within one month after notification of the decision to the Social Court in writing or to the minutes of the Office of the Office of the Office of the Office; Section 181 of the Law of the Court of Justice shall remain unaffected. The notice of appeal shall also be maintained if the complaint is filed in writing or in writing to the Office of the Office of the Office of the Office within the time-limit within the time limit. The instruction on the right of appeal is also possible orally; it is then to be informed. Unofficial table of contents

§ 174 (omitted)

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§ 175

The appeal shall have suspensive effect if it relates to the setting of an order or penalty. To the extent that this law refers to the provisions of the Code of Civil Procedure and the Law of the Court of Justice, the suspensive effect of these laws is governed by these laws. The Court of First Instance or the Chairman whose decision is being challenged may determine that the enforcement of the contested decision may be suspended in the event of the application of the decision. Unofficial table of contents

Section 176

The State Social Court decides on the appeal by decision. Unofficial table of contents

Section 177

Subject to Section 160a (1) of this Act and Section 17a (4) sentence 4 of the Law on the Law of the Court of Justice, decisions of the Regional Social Court, its Chairman or the rapporteur cannot be made with the complaint to the Federal Social Court. are challenged. Unofficial table of contents

Section 178

Decisions taken by the judge or the judge or the official in question may be brought before the Court of First Instance, which shall decide definitively within one month of the announcement. § § 173 to 175 apply accordingly. Unofficial table of contents

§ 178a

(1) The proceedings shall be continued on the complaint of a party complained of by a court decision, if:
1.
an appeal or any other appeal against the decision is not given and
2.
the Court of First Instance infringed the right of that party to be heard in a substantial manner in a decision-making manner.
The complaint does not take place against a decision which precedes the final decision. (2) The complaint is to be made within two weeks of knowledge of the infringement of the legal hearing; the date of the acquisition of knowledge is credibly . After the expiry of a year since the contested decision has been announced, the complaint can no longer be levied. Decisions notified in a formless form shall be deemed to have been notified to the post of mail with the third day after the assignment. The complaint shall be made in writing or in the minutes of the official of the Office of the Office of the Court of First Instance, whose decision shall be attacked. The complaint must indicate the decision taken and the existence of the conditions set out in the first sentence of the first sentence of paragraph 1. (3) The other parties concerned shall, if necessary, be given the opportunity to comment. (4) Is the beet not shall be rejected as inadmissible or not in the legal form or by a period of time. If the beet is unfounded, the court rejects it. The decision shall be taken by means of an indisputable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. The procedure shall be returned to the situation in which it was before the end of the oral proceedings. In written proceedings, the date of the oral proceedings shall be replaced by the date until the pleadings may be filed. § 343 of the Code of Civil Procedure is to be applied accordingly for the judgment of the Court of First Instance. (6) § 175 sentence 3 shall apply accordingly.

Third Section
Resumption of the procedure and special procedural rules

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§ 179

(1) A legally binding procedure may be resumed in accordance with the provisions of the Fourth Book of Civil Procedure. (2) The resumption of proceedings shall also be admissible if a party is punishable by a criminal court (3) The Court of First Instance may, upon request, order that the benefits granted shall be subject to the law of the Court of Justice, and the Court of First Instance may, in the case of the Court of Justice, have the right to to be reimbursed. Unofficial table of contents

§ 180

(1) A resumption of proceedings shall also be admissible if:
1.
that a number of insurance institutions have definitively recognised the same claim or have been convicted of the same claim for benefit in the same way as
2.
one or more insurance institutions have definitively rejected the same claim or have been legally exempted from the obligation to perform the same claim on account of the fact that a different insurance institution is liable to the performance of the insurance institution, who is responsible for the performance of the insurance institution has already been definitively rejected or has been legally liberated by it.
(2) The same shall apply in the relationship between insurance institutions and a country where it is in dispute whether a benefit is to be paid from social security or under the social compensation right. (3) The application for a retrial is in the case of one of the courts of the social jurisdiction responsible for the resumption of proceedings pursuant to section 179 (1). This shall be understood by the parties involved in the retrial and the courts which have decided on the claim. (4) The court appointed for the decision shall determine, with the annulment of the conflicting foes or judicial decisions, the person liable to pay. (5) For the court of law, the court shall determine the case for the decision of the court. The implementation of the procedure referred to in paragraph 4 shall also apply in accordance with the rules on the resumption of proceedings. (6) (omitted) Unofficial table of contents

§ 181

If the Court of First Instance wishes to refuse the action against an insurance institution, because it considers that another insurance institution is liable for payment, even though the insurance institution has already definitively rejected the claim or has been legally freed in an earlier procedure , it shall notify the other insurance institution and the court which has decided on the claim by a final decision and shall issue the case to the jointly next higher court for a decision. In addition, § 180 (2) and (4) and (5) apply. Unofficial table of contents

§ 182

(1) If the Federal Social Court or a provincial social court has legally denied the obligation to provide an insurance carrier because another insurance institution is obliged to do so, the claim against the other insurance institution cannot be (2) The same is true in relation to the relationship between an insurance institution and a country where the obligation to provide benefits under the law of social compensation is in dispute. Unofficial table of contents

§ 182a

(1) Contribution claims of companies of the private nursing care insurance according to the Eleventh Book of Social Code may be asserted in accordance with the provisions of the Civil Procedure Code in the order of payment procedure before the Local Court. In the application for the remission of the letter of payment, claims of a different kind may not be connected with the contribution claims. The opposition to the letter of formal notice can be withdrawn as long as the tax is not available to the social court. (2) The case in the Social Court is to be followed in accordance with the provisions of this Act. § 700 para. 1 and § 343 of the Code of Civil Procedure shall apply mutatis-ly to the decision of the Social Court on the opposition to the enforcement order.

Fourth Section
Costs and enforcement

First subsection
Cost

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Section 183

The procedure before the courts of the social justice system is for insured persons, beneficiaries including survivor's beneficiaries, disabled persons or their special legal successor in accordance with § 56 of the First Book of Social Law free of charge, as far as they are involved in this particular property as plaintiff or defendant. If any other legal successor takes up the procedure, the proceedings shall remain free of charge in the legal proceedings. The persons referred to in the first and second sentences shall be equal to who would be among those persons in the case of the Obsiegen. Applicants pursuant to the first sentence of the first sentence of Section 55a (2) sentence 1 shall be the same as the second alternative. § 93 sentence 3, § 109 para. 1 sentence 2, § 120 para. 2 sentence 1 and § 192 shall remain unaffected. The freedom of movement under this provision does not apply in proceedings for an excessive court procedure (§ 202 sentence 2). Unofficial table of contents

Section 184

(1) The plaintiff and the defendant, who do not belong to the persons referred to in § 183, have to pay a fee for each dispute. The fee shall be charged as soon as the dispute has become legal; it shall be payable for any legal action. To the extent that a payment procedure (§ 182a) has been passed on the same dispute, the fee for the proceedings on the application for a letter of payment shall be credited in accordance with the law on legal expenses. (2) The amount of the fee will be charged for the proceedings.
before the Social Courts 150 Euro,
before the National Social Courts 225 Euro,
before the Federal Social Court EUR 300

(3) § 2 of the Law of the Court of Law shall apply accordingly. Unofficial table of contents

§ 185

The fee shall be payable as soon as the dispute is settled by the withdrawal of the appeal, by comparison, recognition, decision or judgment. Unofficial table of contents

Section 186

If a case is not dealt with by judgment, the fee will be reduced to half. The fee shall not be charged if the execution is based on a change of law. Unofficial table of contents

§ 187

If several persons are involved in a dispute in accordance with § 184 (1), they must pay the fee in equal parts. Unofficial table of contents

Section 188

Where proceedings are reopened by a final judgment, the new procedure shall be a particular dispute. Unofficial table of contents

§ 189

(1) The fees for the disputes shall be drawn up in a list. The notice of withdrawal from this list to the persons liable to charge pursuant to § 184 (1) shall be deemed to be the determination of the fee debt and as an invitation to the amount of the charge within one month to the body indicated in the notice. (2) The declaration shall be made by the official of the office of the office. The Court of First Instance may, within one month of notification, be called upon to take a final decision on this finding. Unofficial table of contents

§ 190

The Presidents and the supervisory judges of the courts of the social justice system shall be entitled to apply a fee which has arisen due to incorrect treatment of the case without the liability of the parties liable to pay. You can look away from the confiscation if it is linked to costs or administrative expenses that are disproportionate to the intake. Unofficial table of contents

Section 191

Where the personal appearance of a person concerned has been ordered, he or she shall be remunerated at his request and loss of time, such as a witness; they may be remunerated if he appears without order and the court for the appearance of the appearance of the court . Unofficial table of contents

§ 192

(1) The court may, in the judgment or, if the proceedings are concluded in a different way, impose, in whole or in part, the costs caused by the decision of a party to the effect that:
1.
is required to postpone an oral hearing or to hold a new date for oral proceedings, by default of the party, or
2.
the person concerned continues the proceedings, despite the fact that he has been informed by the chairman of the abusive nature of the legal proceedings or defence and that he has been informed of the possibility of imposing costs on the continuation of the dispute. is.
The participant shall be the same as his representative or authorized representative. At the same time, at least the amount referred to in section 184 (2) shall be deemed to be the responsible amount for the respective instance. (2) (omitted) (3) The decision referred to in paragraph 1 shall not be affected by the withdrawal of the action in its stock. It can only be annulled in the appeal proceedings by means of a cost decision to be justified. (4) The court may, in whole or in part, impose on the authority the costs which are caused by the fact that the authority is able to identify and to provide the necessary information. Have not investigated the administrative procedures which have been carried out in the judicial proceedings. The decision shall be taken by a separate decision. Unofficial table of contents

Section 193

(1) The Court of First Instance shall decide in the judgment whether and to what extent the parties concerned shall reimburse each other. If a payment procedure is preceded by a payment procedure (§ 182a), the court also decides which party has to pay the court costs. The court decides upon request by decision if the proceedings are terminated in a different way. (2) Costs are the expenses of the parties involved in the appropriate legal proceedings or legal defence. (3) The statutory remuneration of a Legal counsel or legal counsel is always refundable. (4) Non-refundable expenses are the expenses of the taxable persons referred to in § 184 (1). Unofficial table of contents

§ 194

If a number of participants are subject to a charge, Section 100 of the Code of Civil Procedure shall apply accordingly. The costs can be imposed on them as total debtors, if the dispute can only be decided in a uniform manner. Unofficial table of contents

§ 195

If the lawsuit is dealt with by a court settlement and the parties concerned have not made any provision concerning the costs, each party shall bear its costs. Unofficial table of contents

§ 196

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§ 197

1. At the request of the parties or their agents, the official of the court of the first instance shall fix the amount of the costs to be reimbursed. Article 104 (1) sentence 2 and subsection (2) of the Code of Civil Procedure shall apply. (2) The Court of First Instance may, within one month after the announcement, be brought against the decision of the official of the office of the office of the Office which shall decide definitively. Unofficial table of contents

§ 197a

(1) In a legal suit, neither the plaintiff nor the defendant belongs to the persons referred to in § 183, or is a procedure due to an excessive court procedure (§ 202 sentence 2), shall be charged according to the provisions of the Court cost law; § § 184 to 195 do not apply; § § 154 to 162 of the administrative court order are to be applied accordingly. If the action is withdrawn, Section 161 (2) of the Administrative Court shall not apply. (2) The costs are also imposed on the invited person, except in the cases of § 154 (3) of the Administrative Court order, to the extent that he is convicted (§ 75 Paragraph 5). If one of the persons mentioned in § 183 is charged, these costs can only be imposed under the conditions of § 192. Expenses incurred by the invited person shall be paid under the conditions laid down in § 191; they do not belong to the costs of the court. (3) Paragraphs 1 and 2 shall also apply to social assistance providers in so far as they are involved in reimbursement disputes with other institutions. are involved. Unofficial table of contents

§ 197b

In the case of claims arising from the Federal Social Court, the Act on Administrative Coventions and the Rules of Justice shall apply accordingly, insofar as they do not apply directly. The executing authority is the Justice Department of the Federal Social Court.

Second subsection
Enforcement

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§ 198

(1) For the purposes of enforcement, the Eighth Book of the Code of Civil Procedure shall apply in accordance with the provisions of this Law. (2) The provisions concerning the provisional enforceability shall not apply. (3) To the place of immediate The complaint is lodged by the complaint (§ § 172 to 177). Unofficial table of contents

§ 199

(1) Enforcement shall be carried out
1.
from judicial decisions, in so far as no delay occurs in accordance with the provisions of this Act,
2.
from interim measures,
3.
from prior knowledge and judicial comparisons,
4.
from cost-fixing decisions,
5.
out of enforceable conditions.
(2) Where an appeal has no suspensive effect, the chairman of the court which has to decide on the appeal may suspend enforcement by an order for an injunction. He may make the suspension and enforcement dependent on a security benefit; § § 108, 109, 113 of the Code of Civil Procedure shall apply accordingly. The order is indisputable; it can be repealed at any time. (3) Paragraph 2 sentence 1 shall apply accordingly if a judgment in accordance with section 131 (4) has determined that an election or a supplement to the self-governing bodies must be repeated. The injunction is that the re-election or the completion of the self-governing bodies is not the same for the duration of the appeal procedure. (4) For enforcement purposes, the parties concerned may, at their request, make copies of the Judgment is given without any facts and without reasons of decision, the delivery of which shall be equivalent to the effects of the delivery of a full judgment. Unofficial table of contents

§ 200

(1) If it is to be carried out in favour of a federal authority or a federal body governed by public law or a federal institution of public law, enforcement shall be governed by the provisions of Administrative enforcement law. (2) In the case of enforcement in favour of an authority which is not a federal authority, and in favour of a non-federal body or institution governed by public law, the provisions of the Administrative enforcement act accordingly. In this case, the country shall determine the enforcement authority. Unofficial table of contents

Section 201

(1) If, in the cases of § 131 of the obligation imposed in the judgment, the Authority does not comply, the court of the first legal suit may, upon request, under a time limit, grant a penalty payment of up to a thousand euros by decision and, in accordance with the provisions of Fix the freewheel run. The penalty payment may be fixed repeatedly. (2) § 200 shall apply to enforcement.

Part Three
Transitional and final provisions

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Section 202

Insofar as this law does not contain any provisions on the procedure, the Law of the Court of Justice and the Code of Civil Procedure, including Section 278 (5) and § 278a, shall apply mutagenly if the fundamental differences between the two Do not rule out this method. The provisions of the Seventeenth Title of the Constitutional Law are to be applied in accordance with the conditions laid down by the Federal Court of Justice, the Federal Court of Justice and the Federal Court of Justice and the Federal Court of Justice. the place of the Code of Civil Procedure is replaced by the Social Court Act. In disputes concerning decisions of the Federal Cartel Office concerning the voluntary association of sickness funds according to § 172a of the Fifth Book of the Social Code, § § 63 to 78a of the Act against restrictions on competition are subject to the conditions laid down in the Act. by applying to the Office of the Higher Regional Court the State Social Court, the Federal Court of Justice, the Federal Social Court, and the Social Court Act to replace the Civil Procedure Code. Unofficial table of contents

§ 203

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§ 203a

The Senate of the Federal Social Court can also hold meetings in Berlin. Unofficial table of contents

Section 204

The courts of the social jurisdiction also include disputes for which the jurisdiction of the former insurance authorities or supply courts had been established by means of a decree law. Unofficial table of contents

§ 205

If the testimonial or the scouring of witnesses and experts is carried out in accordance with the Tenth Book of the Social Code by the Social Court, it shall be held before the judge appointed for this purpose in the business distribution plan. The Social Court decides on the legality of a denial of the testimony, of the opinion or of the eidespower in accordance with the Tenth Book of Social Law. Unofficial table of contents

§ 206

(1) Procedure in matters relating to social assistance and the law on asylum seekers, which do not apply to the courts of social justice, is Article 188 of the Administrative Court of Justice in the version valid until 31 December 2004. (2) § § 1, 50a to 50 c and 60 in the version valid until 31 December 2008 shall apply to proceedings pending on 1 January 2009 in the case of the special carcases of the courts of the administrative jurisdiction. The Landessozialgericht (Regional Social Court) is responsible for an appeal against decisions of a special body of the Administrative Court which, after 31 December 2008, is to be taken up. Unofficial table of contents

§ 207

Proceedings in disputes concerning decisions of award chambers concerning legal relations according to § 69 of the Fifth Book of Social Code and which are pending at the State Social Courts on 28 December 2010 shall go to the stage in which they are located on the Oberlandesgericht (Oberlandesgericht), which is responsible for the seat of the contracting chamber. Proceedings in disputes concerning decisions of award chambers concerning legal relations in accordance with Section 69 of the Fifth Book of Social Code and which are pending before the Federal Social Court on 28 December 2010 shall be submitted to the Federal Court of Justice. Sentences 1 and 2 shall not apply to procedures which have been dealt with in the main proceedings. To the extent that a national social court is bound by a time limit pursuant to Section 121 (3) of the Act against restrictions on competition, the course of this period begins with the receipt of the files at the competent Higher Regional Court of New. Unofficial table of contents

Section 208

(1) Honorary judges who have been elected as members of the Committee of Voluntary Judges before 1 January 2012 pursuant to Section 23 (1) sentence 2 shall remain in office until the end of the parliamentary term applicable to them. This also applies to honorary judges, who are from the list of proposals for the circle of employees before the 25. (2) Honorary Judges made up of the lists of proposals for the circle of employees before the 25. They shall remain in office until the end of the period for which they have been appointed, and shall remain in office until the end of the period for which they have been appointed for matters of basic security for jobseekers, including disputes on the basis of Section 6a. of the Federal Children's Money Act and the Chambers of Employment Promotion. Unofficial table of contents

§ § 209 to 217 (omitted)

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§ 218

(1) This Act shall apply in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to the authorisations contained in this Act shall apply in the Land of Berlin in accordance with Section 14 of the Third Transfer Act. (2) to (6) (omitted). Unofficial table of contents

Section 219

The Länder may allow deviations from the provisions of Section 85 (2) No. 1. Unofficial table of contents

§ § 220 to 223 (omitted)