Ec Consumer Protection Through Legislative Law

Original Language Title: EG-Verbraucherschutzdurchsetzungsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
EC consumer protection through legislative act (VSchDG) VSchDG Ausfertigung date: Dec 21, 2006 full quotation: "EC consumer protection through legislative act of December 21, 2006 (BGBl. I S. 3367), most recently by article 2 paragraph 4 of the law of 1 April 2015 (BGBl. I p. 434) has been changed" stand: amended article 2 paragraph 4 G v. 1.4.2015 I 434 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 29.12.2006 +++) the G as article 1 of the G v. 21.12.2006 I 3367 of the Bundestag with the consent of the Federal Council adopted. It entered into force article 9 of this G on 29.12.2006 according.
Section 1 General provisions article 1 scope of application (1) this law serves the implementation of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ OJ L 364 of the 9.12.2004, p. 1) in the currently valid version.
(2) provisions of this Act shall remain unaffected by the responsibilities and powers to the law relating to the 2006 / 2004-mentioned acts of the European Community or the European Union adopted the transposition or implementation in the annex of to Regulation (EC) No 1, or 2. in the annex of to Regulation (EC) No. 2006 / 2004 referred directly applicable legal acts of the European Community or the European Union and under the legislation adopted within its framework or its implementation.
(3) the powers under this Act shall not apply, as far as appropriate or further regulations are provided in other legislation.

§ 2 the authority responsible for the implementation of Regulation (EC) No 2006 / 2004 are responsible 1. the Federal Ministry of Justice and for consumer protection in the case of suspicion of an intra-Community infringement to the implementation or carrying out a) in paragraphs 1 to 3, 5 to 9, 11, 12, 14, 16 and 17 of the annex of to Regulation (EC) No. 2006 / 2004-mentioned acts adopted legislation , b) other legal acts of the European Community or the European Union adopted legislation, as far as acts within the scope of Regulation (EC) No 2006 / 2004 have been enrolled and the Federal Ministry of Justice and for consumer protection jurisdiction has been transferred by a regulation according to § 12 para. 1, 2. the Federal Agency for financial services supervision in cases of number 1, as far as it is about the suspicion of an intra-Community infringement of a) is a company , the aa) exercises an activity that requires a permit according to § 5 paragraph 1, article 105, paragraph 2 or article 112 paragraph 2 of the insurance supervision law, and is subject to the supervision of the Bundesanstalt für Finanzdienstleistungsaufsicht or bb) according to Article 110a, paragraph 1, of the insurance supervision law in Germany a branch operates or is acting in the way of cross-border services, b) a company is, the aa) banking business operates or provides financial services , which require a permit according to § 32 paragraph 1 sentence 1 or paragraph 1a of the Banking Act, or bb) according to § a branch operates 53 b of paragraph 1 or article 7 of the Banking Act in domestic or by way of cross-border services, banking operates or provides financial services, and the suspicion of the intra-Community infringement relates to the particular activity, 3. the Luftfahrt-Bundesamt in the case of a suspected of intra-Community infringement of the in paragraph 15 of the annex of to Regulation (EC) No. of 2006 / 2004 Act referred to and the regulations adopted for its implementation, 4. national law authority in cases of number 1, as far as it's the suspicion of an intra-Community infringement of a company, the a) exerts an activity requiring a permit according to § 5 paragraph 1, article 105, paragraph 2 or article 112 paragraph 2 of the insurance supervision law, and b) is subject to the supervision of the competent authority of the country , and the suspicion of the intra-Community infringement relates to the activity, 5 the federal railway Office in case of suspicion of an intra-Community infringement in paragraphs 18 and 19 of the annex of to Regulation (EC) No. 2006 / 2004-mentioned acts and which to implement adopted legislation, 6 subject to paragraph 1(b) after land rights authority in other cases.

§ 3 single Liaison Office (1) the Federal Ministry of Justice and for consumer protection single Liaison Office within the meaning of article 3 letter d of Regulation (EC) No. 2006/2004 (2) the single Liaison Office reported the Supreme Land authorities responsible for consumer protection annually, to December 31, 2007, for the first time comprehensively and anonymously via the received in connection with this law and forwarded requests for mutual assistance and exchange of information. These include in particular actions and judgments that are raised or issued in connection with a suspected of intra-Community infringement of laws for the protection of consumer interests.
Section 2 law enforcement duties of the competent authorities the competent authority is to protect of the interests of consumers in § 4 active 1 following a request from a competent authority of another Member State of the European Union under articles 6 or 8 of Regulation (EC) No 2006 / 2004, 2. to carry out the tasks referred to in articles 7 and 9 of Regulation (EC) No 2006 / 2004.

§ 5 powers of the competent authority (1) the competent authority shall take the necessary measures that are required for the diagnosis, eradication or prevention of intra-Community infringements of laws for the protection of consumer interests. She may in particular 1 commit the responsible seller or service provider within the meaning of article 3 point (h) of Regulation (EC) No. 2006 / 2004 (seller or service provider), to eliminate the intra-Community infringement or to refrain from future violations, 2 by the seller or service provider require all necessary information within a reasonable period to be determined, 3 who businesslike provide postal services, telecommunication services, or tele-media services or participate in the provision of such services that require the notification of the name and the delivery enabled address of a party on postal services, telecommunication services, or tele-media services within a reasonable period to be determined insofar as this information solely based on the inventory data at the party can be granted, printouts of electronically stored data require 4., 5. to enforce the powers referred to in paragraph 2 meet necessary arrangements.
In the case of theorem 2 No. 3 is determined the compensation of the information of debtor in corresponding application of § 23 para 2 of the Justizvergütungs-and compensation law of 5 May 2004 (Federal Law Gazette I p. 718) in the currently valid version.
(2) on the implementation of Regulation (EC) No. 2006 / 2004 and this law is required, which empowered competent persons of the competent authority all necessary disk of the seller or service provider, in particular records, contract, and advertising materials, to see a 1, as well as plots and premises, as well as the associated business premises of the seller or service provider during normal operation or business hours to enter this transcripts, statements, make printouts or copies, or to demand, 2. the establishment of an intra-Community infringement , as far as it to the exercise of the powers referred to in point 1 is required.
If of for the implementation of Regulation (EC) No 2006 / 2004 is required, individuals are entitled to enter accompanied by the persons responsible under this Act for the establishment of an intra-Community infringement of the competent authority, land and premises, as well as related business premises of the seller or service provider during normal operation or business hours for the implementation of Regulation (EC) No. 2006 / 2004 the competent authorities of the Member States of the European Union.
(3) the referred to in paragraph 1 sentence 2 No. 2 information committed the information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences. He is to teach about the right to refusal of information.
(4) a decision pursuant to paragraph 1 No. 1 sentence 2 can by the competent authority within three months after it has become final, in the Federal Gazette known be made, insofar as this is necessary to avoid a future intra-Community infringement. Personal data may be made known only as far as the public interest prevails over sensitive interest of the person concerned to the exclusion of information access, or the data subject has consented. The competent authority has to refrain from promoting, as far as a comparable publication is made by the seller or service provider. The sentences 1 to 3 shall apply mutatis mutandis, insofar as the seller or service provider sentence 2 No. 1 has committed itself to the avoidance of a decision of the authority referred to in paragraph 1, the intra-Community infringement to adjust.
(5) the information given by the competent authority to the public in hindsight as a false face or the underlying circumstances as inaccurate, as the competent authority has to inform the public where she previously has announced the information in question as far as an affected Party, this has a legitimate interest and requests about this in the same manner.

§ 6 Duldungs - and cooperation obligations of the seller or service provider, which according to law or the statutes to their representation committed appointed persons and that of representative ordered them as well as the owner and other persons entitled to use the No. 2 designated land, operation and business premises are in section 5, paragraph 2, sentence 1, the measures after to tolerate 1. § 5 para 2 and support 2. the persons responsible for the establishment of an intra-Community infringement the competent authority in carrying out their duties.
In particular, the persons referred to in sentence 1 are obliged to open spaces on request of the competent authority.

§ 7 commissioning third parties (1) according to § 2 No. 1 or 2 competent authority should, before it adopts a measure according to § 5 para 1 sentence 2 No. 1, a charge no. 1 to 3 of the injunctions Act or in article 8, para. 3 in section 3, subsection 1, sentence 1 called no. 2 to 4 of the Act against unfair competition Office (representative of third parties) in accordance with the provisions of paragraphs 2 and 3 , according to Section 4a of the injunctions Act, also in connection with article 8, paragraph 5, sentence 2 second half-sentence of the law against unfair competition, to work towards stopping intra-Community infringements. The third parties commissioned is on his/her own behalf.
(2) without prejudice to the requirements of laid down in article 8 paragraph 4 and 5 of Regulation (EC) No 2006 / 2004 is a commissioning only permitted, as far as the commissioned third 1 provides sufficient guarantee for the proper performance of the tasks and 2 in the Commission agrees.
The competent authority comes to the conclusion that the proper fulfilment of the tasks is no longer guaranteed, the assignment is without revoke compensation.
(3) that competent authority may under § 2 No. 1 or 2 agreements of a general assignment to complete paragraph 1 in accordance with paragraph 2 and the third party after that name after article 4 para 2 sentence 2 of the Regulation (EC) No 2006 / 2004. A framework agreement requires the approval of the competent Supreme Federal Authority, whose Division it belongs to number 2 competent authority pursuant to article 2. The framework agreement is to make known in the Federal Gazette.
(4) the land Governments are authorised for their authorities by regulation corresponding regulations to adopt the paragraphs 1 to 3. The State Governments are empowered to confer the empowerment pursuant to sentence 1 by regulation wholly or partly on other authorities of the country.

§ 8 external transport the power to the road with the European Commission and with the implementation of Regulation (EC) No. 2006 / 2004 concerned authorities of other Member States of the European Union will be transferred to the Central connection point.
Section 3 penalty provisions (1) any person is fine rules, enforcement, fees, costs, charges and expenses section 9, who intentionally or negligently 1 an enforceable order according to § 5 para 1 sentence 2 is against no. 2 to 4 or 2. contrary to paragraph 6, sentence 1 does not tolerate a measure no. 1 or 2 or does not support a competent or responsible person.
(2) the offence can be punished with a fine up to ten thousand euros.
(3) administrative authorities within the meaning of § 36 para 1 No. 1 of the code of administrative offences are within their respective competence the number 1, 2, 3, or 5 authorities referred, as far as the law is running in section 2 by these authorities.

Enforcement of that competent authority may enforce their orders according to the rules applicable to the enforcement of administrative measures section 10. The amount of the penalty payment for decisions according to § 5 para 1 sentence 2 No. 1 is not more than two hundred and fifty thousand euro for each individual case.

§ 11 fees, costs, charges and expenses (1) the competent authority shall levy for individually attributable public services by this law or by Regulation (EC) No. 2006 / 2004 cost-covering fees and expenses.
(2) as far as the cost according to § 2 No. 2 competent authority not by fees and expenses referred to in paragraph 1, separate reimbursement pursuant to sentence 2 or other revenue are covered, are they are in accordance with paragraph 3 to the company and credit or financial services institutions, which captured No. 2 letter a and b of section 2, to kill. The costs incurred by the competent authority through a survey carried out on the basis of § 5 or check, are separately be compensated for by the persons concerned of the authority and to advance you request. Pursuant to sentence 2, the costs include the costs with which the competent authority of the German Central Bank and other agencies, which operate in the framework of such measures for the competent authority, will be charged, as well as the costs for the use of their own staff. These costs is to apply article 15 par. 2 of the Act on financial services supervision according to.
(3) that 1 costs fair to are set pursuant to paragraph 2 to include in the assessment, levied according to § 16 of the financial services supervisory Act in connection with the on the basis of § 16 para 2 sentence 1, also in conjunction with sentence 4, of the Act on financial services supervision adopted by Legislative Decree. While companies are according to § 2 No. 2 letter a the supervisory field of insurance, credit or financial services institutions according to § 2 No. 2 to assign letter b terms of supervision of credit and financial services industry.
(4) the Federal Ministry of Justice and each for their business area authorized for consumer protection, the Federal Ministry of finance and the Ministry of transport and digital infrastructure, by Decree without the consent of the Federal Council to determine the chargeable offences and the rates provided in fixed rates, or frame rates and rules increases, reductions and exemptions for certain types of individually attributable public services to be provided and to specify the date of origination and the fee , as far as this law number 1, 2, 3, or 5 authorities runs through the section 2.
(5) the Federal Ministry of Justice, and each authorized for the area of the Federal Administration through special fees regulation according to section 22, paragraph 4, of the German fees Act the date of origination for consumer protection, the Federal Ministry of finance and the Ministry of transport and digital infrastructure and closer to determine the fee.
(6) the federal ministries according to sections 4 and 5 can transfer each number 2, 3 or 5 the authorization to issue the Decree according to sections 4 and 5 by Decree without the consent of the Federal Council to competent authority belonging to their business area according to § 2.
Section 4 adaptation to modified Community law article 12 empowerment is the Federal Ministry of Justice to adapt (1) as far as further acts of the European Union have been enrolled within the scope of Regulation (EC) No 2006 / 2004, and for consumer protection authorized to transferred responsibility for the implementation of Regulation (EC) No 2006 / 2004 in agreement with the Federal Ministry of finance by Decree without the consent of the Federal Council on himself. In the event of an Ordinance pursuant to sentence 1, § 2 remains unaffected number 2 and 4.
(2) the Federal Ministry of Justice and is entitled for consumer protection, to change references to provisions of Regulation (EC) No 2006 / 2004 this Act by Decree without the consent of the Federal Council 1, as far as it to adapt to changes in these rules is required to delete 2. provisions of this Act or to adapt a remaining field of application in their wording, insofar as it through the adoption of appropriate provisions in the regulations of the European Community or the European Union have become inapplicable.
Section 5 legal protection for certain management measures article 13 admissibility, jurisdiction (1) against a decision after 1 § 5 para 1 sentence 2 No. 1, para. 4 or 5 or 2. section 10 or section 11, where a decision under those provisions in a factual context with a decision pursuant to number 1, the appeal is allowed to the competent authority. In addition, the provisions on remedies for administrative measures remain unaffected.
(2) the competent authority has a decision within the meaning of paragraph 1 sentence 1 to add a legal appeal pursuant to section 37 paragraph 6 of the Administrative Procedure Act. section 58 of the administrative court procedure shall apply mutatis mutandis.
(3) the appeal is allowed only if the applicant asserts, by the decision within the meaning of paragraph 1 sentence violated 1 of their refusal or omission in his right hand; She can be based on new facts and evidence.
(4) exclusively the court competent for the seat of the competent shall decide on the appeal. section 36 of the code of civil procedure shall apply mutatis mutandis.

§ 14 suspensive effect, order the immediate enforcement of (1) the appeal has suspensive effect.
(2) the competent authority may order the immediate enforcement of the decision, as far as this is necessary in the public interest.
(3) the arrangement can be made already referred to in paragraph 2 before the filing of the complaint. The arrangement shall be justified.
(4) at the request of the appellate court can restore wholly or partly the suspensive effect, unless 2. serious doubts as to the legality of the contested decision are 1 who have not been requirements for the arrangement referred to in paragraph 2 or no longer exist, or 3 an undue, provided not by prevailing public interests hardness result would have enforcement for those affected.
(5) the application is admissible before filing the complaint pursuant to paragraph 4. The facts on which the request is based, are to make credible by the applicant. The competent authority's decision is already completed, the appellate court may order the suspension of the execution. The recovery and the arrangement of the suspensory effect can be made depending on the performance of a security or of other conditions. You can also be temporary.
(6) decisions pursuant to paragraph 4 can be anytime changed or repealed. Any interested person may request the modification or revocation due to modified or in the original proceedings through no fault claim not made circumstances.
(7) the Court of Appeal decides on an application after paragraph 4 or 6 by decision. The decision can be made without oral proceedings.
(8) b paragraph 1 of administrative court procedure for the end of the suspensive effect of the appeal, section 80 shall apply mutatis mutandis.
(9) in cases of urgency, the Chairman may decide.

§ 15 time limit and form (1) is the appeal to submit in writing within a period of one month to the competent authority. The period starts with the notification of the decision of the authority. It is sufficient if the complaint is within the period at the Court of appeal.
(2) the complaint must identify the applicant, the respondent and the subject-matter of the complaint sought. The contested decision should be attached in original or copy.
(3) the complaint is substantiated. The time limit for the statement of grounds is one month; It begins with the filing of the appeal and may be extended at the request of the Chairman of the appeal court.
(4) the statement of grounds must include 1 the explanation, to what extent will the decision appealed and their amendment or repeal requested, 2. State of the facts and evidence on which is based the complaint.
(5) the notice of appeal and the statement of grounds must be signed by a lawyer approved at a German court or law teacher at a German University in the sense of the Hochschulrahmengesetz with the qualification of judgeship.

§ 16 Parties to the appeal proceedings to the proceedings before the Court of appeal are involved in 1 the complainant, 2. the competent authority, 3 persons and associations of persons, whose interests be substantially affected by the decision and has loaded in the appellate court upon application to the procedure Interests of the consumer centres and other consumer organisations, funded with public funds, are then considerably affected if the decision affects a variety of consumers and thus the interests of consumers be affected considerably.

§ 17 lawyer before the Court of appeal represented by a lawyer authorised to a German court or law teacher at a German University in the sense of the Hochschulrahmengesetz with the qualification of judgeship as agent the parties have. The competent authority can be represented also by officials or employees with the qualification of the judicial office, as well as diploma lawyers in the senior civil service.

§ 18 oral proceedings (1) the appellate court decides on the complaint on the basis of oral proceedings; with the consent of the parties involved can be decided without oral proceedings.
(2) the parties are in the trial date despite timely notification not present or duly represented, so thing may nevertheless in the be negotiated and decided.

Article 19 principle of investigation (1) the appellate court explored the facts by virtue; the parties are doing to attract. It is not bound to the submissions and the evidence requests of the parties.
(2) authorities are required to submit documents or files, to the delivery of electronic documents and information.
(3) the Chairman has to ensure, that form error eliminated, explains unclear claims, provided useful applications, insufficient actual information complements, also all for the determination and assessment of facts essential statements made are.
(4) the appeal court can abandon the parties to speak, to call evidence and to produce any documents and other evidence in their hands within a period to be determined about educating needy points. Failure to comply with the time limit can be decided according to the thing without taking into account the not installed documentation.

Article 20 appeal decision (1) that appellate court shall decide by resolution after its free, from the overall result of the procedure gained conviction. The decision must be based only on facts and evidence which the parties could express themselves. The appellate court may deviate from this, as far as loaded with important reasons, in particular for the protection of industrial or trade secrets, has been granted access to the file and the file contents for these reasons is also not presented. This is not for such loaded with, so involved in the contentious legal relationship, that the decision to only uniformly can fare also.
(2) article 113, paragraph 1, 3 to 5 and § 114 apply to the appeal decision of the administrative court order according to.
(3) the decision is justified and to deliver those involved with an appeal.

Article 21 the files of the Court of appeal (1) inspection which can 16 no. 1 and 2 referred to those involved in and can grant themselves by the Office at their own expense copies, excerpts and transcripts. Article 299 para. 3 of the code of civil procedure shall apply mutatis mutandis.
(2) inspect before files, at files, opinions and information are only with the consent of the points allowed, which the files belong or which have obtained the statement. The competent authority has to deny consent to the access to their documents, as far as this is necessary for important reasons, in particular for the protection of industrial or trade secrets. Insight is rejected or it is not allowed, these documents of the decision must be put only in that regard based as its content is been presented. The appellate court can the disclosure of facts or evidence, whose Geheimhaltung important reasons, in particular for the protection of industrial or trade secrets, if required, after hearing of the by the disclosure concerned by decision order insofar as it arrives for the decision on these facts or evidence, do not exist other ways of the facts and after consideration of all circumstances of the case, the importance of the thing outweighs the interest of the data subject to the secrecy. The decision is justified. In proceedings pursuant to sentence 4 the person concerned must be not legally represented.
(3) section 16 no. 3 designated parties to the appeal court after hearing of the designated inspection in the same grant.

Article 22 validity of provisions of the Judiciary Act and the code of civil procedure In proceedings before the Court of appeal shall also apply, save as otherwise provided, 1 the provisions of §§ 169 to 197 of the Judicature Act on public and meeting police, court language, advice and coordination;
2. the provisions of the code of civil procedure, in particular through exclusion and rejection of a judge, Attorney and Adviser, on the delivery of Office because, loads, dates and deadlines, about the arrangement of the personal appearance of the parties, through the connection of multiple processes, over the handling of the witness and expert evidence and about other types of evidence, about the restitutio in integrum against failure to meet a time limit , accordingly.
The rules of the seventeenth title of the courts act are apply mutatis mutandis.

Article 23 cannot make even before complaint survey, an interim order with respect to the subject-matter of the dispute, the appeal court injunction (1) on application, if there is a danger that by changing the existing State the achievement of a right of the applicant could be thwarted or substantially more difficult. Interim measures are allowed also establishing a provisional State in a contentious legal relationship, if this regulation, especially in ongoing legal conditions, appears necessary to avert major drawbacks, or to prevent imminent violence or other reasons.
(2) for the adoption of interim measures, the Court of appeal is responsible. § 14 para 6, 7 and 9 shall apply mutatis mutandis.
(3) for the adoption of interim measures, the §§ 920, 921, 923, 926, 928-932, 938, 939, 941 and 945 of the code of civil procedure shall apply mutatis mutandis.
(4) paragraphs 1 to 3 do not apply to the cases of § 14.

Section 24 (1) appeal against the decisions of the State courts adopted in the main held the appeal to the Federal Court if the Court allowed the appeal.
(2) the appeal is to allow to decide a question of law of fundamental importance is 1 or 2. a decision of the Federal Court requires the training of law or the assurance of consistent case law.
(3) the admission or non-admission of the appeal is to find in the decision of the District Court. It is the non-admission.
(4) an approval for the filing of appeal against decisions of the Court of appeal need not, if one of the following shortcomings in the proceedings and will be reprimanded: 1. the decisive Court was not properly staffed, 2. when determining a judge has appeared, who was excluded or rejected due to partiality with success by the performance of the duties of judge law, 3rd was denied a legal hearing , 4. a party to the proceedings was not in accordance with the law, unless he expressly or tacitly agreed not the leadership of the process, 5. the decision was taken on the basis of an oral hearing, where the rules on the public of the procedure have been infringed, or 6 If the decision is not accompanied by reasons.

§ 25 rejection appeal (1) the rejection of the appeal can be independently contested by non-admission complaint.
(2) the Supreme Court decides on the appeal of the rejection decision, which is to establish. The decision can be made without oral proceedings.
(3) the non-admission complaint is to submit in writing the District Court within a period of one month. The period begins with the decision to fencing.
(4) for the non-admission complaint, article 14, paragraph 1, § 15 para 2, 3, 4 No. 1 and para 5, §§ 16, 17, 21 and 22 No. 2 of this Act and the sections 192 to 197 of the courts act on the advice and vote shall apply mutatis mutandis.
(5) if the appeal is not approved, the decision of the District Court with the delivery of the decision of the Federal Court of justice becomes legally binding. The appeal is allowed, the running of the time limit for appeal starts with the delivery of the decision of the Federal Court of Justice.

Section 26 persons entitled to appeal, form and time limit (1) that appeal is the appeal involved to.
(2) the appeal may be based only on it that the decision is based on an infringement of the right; the articles 546 and 547 of the code of civil procedure shall apply mutatis mutandis.
(3) the appeal is to submit in writing the District Court within a period of one month. The period starts with the notification of the contested decision.
(4) the Federal Court is tied to the actual findings made in the contested decision, except when admissible and reasoned appeal reasons are put forward in relation to these observations.
(5) § 14 para 1, § 15 para 2, 3, 4 No. 1 and paragraph 5 apply the appeal Moreover, according to articles 16 to 18 and the articles 20 to 22.

§ 27 expenses borne and-festsetzung In the appeal proceedings and the appeal procedure may order the Court, that the costs that were necessary for the adequate handling of the matter, are to reimburse wholly or in part by one of the parties if this is equitable. The costs has led a party costs by an unfounded appeal or by gross negligence, are him to impose. In addition, the rules of civil procedure on the procedure of awarding of costs and the enforcement of decisions of the awarding of costs shall apply mutatis mutandis.

Section 28 remedy for breach of the right to be heard (1) on the complaint of a weighted by a court decision involved is the process to continue if 1 an appeal or an another appeal against the decision is not given, and 2. the Court has violated the claim of this involved to be heard in decision way.
Against a decision prior to the final decision the complaint does not take place.
(2) the complaint is raising two weeks after knowledge of the violation of the rights of the defence; the time of obtaining of knowledge is to make credible. After one year of notification of the contested decision, the complaint may be filed. Informally communicated decisions are given with the third day after the post known as task. The complaint is in writing or to the transcript of the Registrar of the Office in which to collect court, whose ruling will be attacked. The complaint must identify the contested decision and the existence of the in paragraph 1 sentence 1 No. 2 where the conditions set out.
(3) is if necessary, be given the opportunity to comment, other interested parties.
(4) the complaint is not permitted or raised not in the legal form or deadline, to dismiss it as inadmissible. The complaint is unfounded, the Court rejects them. The decision was made by means of an unchallengeable order. The decision to be established shortly.
(5) if the complaint is justified, so the Court helps out her by it continues the process, as far as this is necessary on the basis of the complaint. The procedure is returned in the location where it was before the close of the oral procedure. Written procedure the timing to the pleadings can be filed takes the place of conclusion of the oral proceedings. For the dictum of the Court, article 343 of the code of civil procedure shall apply.
(6) section 149 subsection 1 sentence 2 of the administrative court procedure is to be applied accordingly.

Related Laws

1936 Patent Law