EC Consumer Enforcement Act

Original Language Title: EG-Verbraucherschutzdurchsetzungsgesetz

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EC Consumer Enforcement Act (VSchDG)

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VSchDG

Date of date: 21.12.2006

Full quote:

" EC Consumer Enforcement Act of 21 December 2006 (BGBl. 3367), as last amended by Article 2 (4) of the Law of 1 April 2015 (BGBl. I p. 434).

Status:

Last amended Art. 2 para. 4 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 29.12.2006 + + +)

The G was enacted as article 1 of the G v. 21.12.2006 I 3367 by the Bundestag with the consent of the Bundesrat. It's gem. Article 9 of this Act entered into force on 29 December 2006.

Section 1
General provisions

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§ 1 Scope

(1) This Act provides for the implementation of Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 June 2004. October 2004 on cooperation between the national authorities responsible for the enforcement of consumer protection laws (OJ L 327, 28.12.2004, p. 1), as amended. (2) The powers and powers of the law remain unaffected by the provisions of this Act,

1.: the legislation adopted for the implementation or implementation of the acts of the European Community or of the European Union referred to in the Annex to Regulation (EC) No 2006/2004; or
2.: the direct acts of the European Community or of the European Union referred to in the Annex to Regulation (EC) No 2006/2004, and in accordance with the legislation adopted in its framework or in its implementation.

(3) The powers under this Act shall not apply to the extent provided for in other legislation or provisions which are in accordance with other provisions. Unofficial table of contents

§ 2 Competent Authority

The implementation of Regulation (EC) No 2006/2004 shall be responsible for:

1.

The Federal Ministry of Justice and Consumer Protection in the event of a suspicity of an intra-Community infringement of the

a): of the acts adopted in paragraphs 1 to 3, 5 to 9, 11, 12, 14, 16 and 17 of the Annex to Regulation (EC) No 2006/2004,
b): other acts of the European Community or of the European Union, in so far as the acts have been included in the scope of Regulation (EC) No 2006/2004 and the Federal Ministry of Justice and in the case of consumer protection, jurisdiction has been conferred by law pursuant to Section 12 (1),

2.

the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) in cases of point 1, insofar as it concerns the suspicion of an intra-Community infringement

a)

of a company that

aa): exercises an activity which requires a permit pursuant to Article 5 (1), § 105 (2) or § 112 (2) of the Insurance Supervision Act, and the supervision of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), or
bb): in accordance with Article 110a (1) of the Insurance Supervision Act, operates a branch in the territory of the country or operates by means of cross-border trade in services,

b)

of a company that

aa): operate banking transactions or provide financial services which require a permit pursuant to Article 32 (1) sentence 1 or paragraph 1a of the Banking Act, or
bb): in accordance with Article 53b (1) or (7) of the Banking Act, a branch shall operate a branch or, by means of cross-border trade in services, carry out banking operations or provide financial services,

and the suspicion of intra-Community infringement is related to the activity in question,

3.

the Federal Aviation Authority, in the event of an infringement of an intra-Community breach of the act referred to in point 15 of the Annex to Regulation (EC) No 2006/2004 and the legislation adopted for its implementation,

4.

the competent authority under national law in the cases referred to in point 1, in so far as it concerns the suspicion of an intra-Community breach of a company, the

a): carry on an activity which requires a permit pursuant to Article 5 (1), Article 105 (2) or Article 112 (2) of the Insurance Supervision Act; and
b): is subject to the supervision of the competent State authority,

and the suspicion of intra-Community infringement is related to the activity,

5.

the Federal Railway Authority (Bundesamt) in the event of a suspicion of intra-Community infringement of the acts referred to in points 18 and 19 of the Annex to Regulation (EC) No 2006/2004 and of the legislation adopted in implementation thereof,

6.

subject to point 1 (b), the competent authority under national law in the other cases.

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§ 3 Central liaison office

(1) The Federal Ministry of Justice and Consumer Protection is the Central Liaison Office within the meaning of Article 3 (d) of Regulation (EC) No 2006 /2004. (2) The Central Liaison Office shall report to the competent authorities responsible for consumer protection. the highest national authorities annually, for the first time as at 31 December 2007, in an anonymised form on the requests received and forwarded in connection with this law for administrative assistance and exchange of information. These include, in particular, legal proceedings and judgments raised or raised in connection with suspicions of intra-Community infringement of the laws protecting the interests of consumers.

Section 2
Enforcement of laws to protect consumers ' interests

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§ 4 Tasks of the competent authorities

The competent authority shall act

1.: at the request of a competent authority of another Member State of the European Union, in accordance with Articles 6 or 8 of Regulation (EC) No 2006/2004,
2.: for the performance of the tasks referred to in Articles 7 and 9 of Regulation (EC) No 2006/2004.

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§ 5 Powers of the competent authority

1. The competent authority shall take the necessary measures necessary to establish, eliminate or prevent intra-Community infringements of laws protecting the interests of consumers. It may in particular:

1.: oblige the responsible seller or service provider within the meaning of Article 3 (h) of Regulation (EC) No 2006/2004 (sellers or service providers) to remove an established intra-Community infringement, or to refrain from any future violations,
2.: require the seller or service provider to provide all necessary information within a reasonable period of time to be determined;
3.: of persons who provide, or participate in the provision of such services, postal services, telecommunications services or telemedia services, the communication of the name and the address of a person concerned to postal services, require telecommunications services or telemedia services within a reasonable period to be determined, provided that such information can be obtained exclusively on the basis of the existing data available to the information provider;
4.: require print-outs of electronically stored data,
5.: the measures necessary for the enforcement of the powers referred to in paragraph 2.

In the case of sentence 2 No. 3, the compensation of the information provided for the information is determined by the appropriate application of Section 23 (2) of the Justice and Compensation Act of 5 May 2004 (BGBl. 718), as amended. (2) As far as is necessary for the implementation of Regulation (EC) No 2006/2004 and this Act, the persons responsible for establishing an intra-Community infringement shall be the competent authorities of the competent authorities of the Member States. Authority empowered to:

1.: include all necessary data carriers of the seller or service provider, in particular records, contract and advertising materials, as well as to manufacture or request copies, excerpts, printouts or copies thereof,
2.: to enter land and premises as well as the associated business premises of the seller or service provider during the normal operating or business period, in so far as it is necessary for the exercise of the powers referred to in point 1.

To the extent necessary for the implementation of Regulation (EC) No 2006/2004, persons of the competent authorities of the Member States of the European Union responsible for the implementation of Regulation (EC) No 2006/2004 shall also be entitled, accompanied by the following: the law governing the identification of persons responsible for intra-Community infringements of the competent authority, property and premises, and the business premises of the seller or service provider, during the normal operation of the operation, (3) The second sentence of the second sentence of paragraph 1 of this Article shall be Information on such matters may be refused, the answer of which may be answered by him or by one of the members of the risk of criminal prosecution or of proceedings referred to in § 383 (1) to (3) of the Code of Civil Procedure in accordance with the law on administrative offences. A decision pursuant to the second sentence of paragraph 1 may be made known by the competent authority within three months after it has become final, in the Federal Gazette (Bundesanzeiger). to the extent necessary to avoid any future intra-Community infringement. Personal data may only be disclosed to the extent that the information interest of the public outweighs the legitimate interest of the person concerned to the exclusion of the access to information or has consented to the person concerned. The competent authority shall refrain from the notice in so far as a comparable publication is made by the seller or service provider. The provisions of sentences 1 to 3 shall apply as long as the seller or service provider has undertaken, in order to avoid a decision of the authority referred to in the second sentence of paragraph 1, to terminate the intra-Community infringement. (5) the competent authority shall, in retrospect to the public, as incorrect or otherwise render the underlying circumstances as incorrect, the competent authority shall, in the same manner, inform the public of such information in which it has previously disclosed the information in question, as far as a person concerned has a legitimate interest, and so requests. Unofficial table of contents

§ 6 Dulunding and co-action obligations

The seller or service provider, the persons appointed by law or by statute to represent them and the representatives appointed by them, as well as the owners and other persons entitled to use the persons referred to in § 5 (2) sentence 1 no. Land, operating and business premises shall be subject to the following measures:

1.: § 5 (2), and
2.: to assist the competent authority in the performance of its duties in order to establish an intra-Community infringement.

In particular, the persons referred to in the first sentence shall be obliged to open spaces at the request of the competent authority. Unofficial table of contents

§ 7 appointment of a third party

(1) The competent authority in accordance with § 2 Nr. 1 or 2 shall, before issuing a measure pursuant to § 5 (1) sentence 2 no. 1, a sentence 1 No. 1 to 3 of the German injunctions Act or in § 8 para. 3 no. 2 to 4 of the Act against the Unfair Commission (third party) under the conditions laid down in paragraphs 2 and 3, pursuant to Section 4a of the Law on the Law of Injunctions, also in conjunction with Section 8 (5), second sentence, second half sentence of the Act against unfair competition, to which the To work towards the removal of intra-Community infringements. The commissioned third party acts in his own name. (2) Without prejudice to the requirements of Article 8 (4) and (5) of Regulation (EC) No 2006/2004, an assignment is only admissible if the commissioned third party is responsible for the application of the contract.

1.: provides reasonable assurance for the proper performance of the task, and
2.: in the assignment.

If the competent authority comes to the conclusion that the proper performance of the tasks is no longer guaranteed, the application shall be revoked without compensation. (3) The competent authority pursuant to § 2 (1) or (2) may To conclude framework agreements on a general order referred to in paragraph 1, having regard to paragraph 2, and to designate the third party to be appointed in accordance with the second sentence of Article 4 (2) of Regulation (EC) No 2006/2004. A framework agreement shall be subject to the approval of the competent supreme federal authority, the division of which shall be the competent authority in accordance with Section 2 (2). The framework agreement is to be published in the Federal Gazette (Bundesanzeiger). (4) The national governments are empowered to enact the relevant provisions of paragraphs 1 to 3 for their authorities by means of a regulation. The State Governments have the power to transfer the authorisation provided for in the first sentence of the first sentence to other authorities in the country in whole or in part by means of a regulation. Unofficial table of contents

§ 8 External transport

The power to transport with the European Commission and the authorities of other Member States of the European Union, which is responsible for the implementation of Regulation (EC) No 2006/2004, shall be conferred on the Central Liaison Office.

Section 3
Fines, enforcement, fees, expenses, levies and reimbursement of expenses

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§ 9 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.: an enforceable arrangement in accordance with § 5 (1) sentence 2 no. 2 to 4, or
2.: Contrary to § 6, sentence 1, no. 1 or 2, a measure is not tolerated or a person responsible or responsible does not support.

(2) The administrative offence can be punished with a fine of up to ten thousand euros. (3) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences are within the scope of their respective competence, which are referred to in § 2 (1), (2), 3 or 5, as far as the law is carried out by these authorities. Unofficial table of contents

§ 10 Enforcement

The competent authority may enforce its orders in accordance with the rules applicable to the enforcement of administrative measures. The amount of the penalty for decisions pursuant to § 5 (1) sentence 2 No. 1 shall not exceed a maximum of two hundred and fifty thousand euros for each individual case. Unofficial table of contents

§ 11 Fees, expenses, levies and reimbursement

(1) The competent authority shall collect, for individually attributable public services under this Act or Regulation (EC) No 2006/2004, cost-covering fees and expenses. (2) Insofar as the costs of the competent authority pursuant to § 2 (2) are not incurred by: The fees and expenses referred to in paragraph 1, separate reimbursement under the second sentence or other revenue, shall be covered by the undertakings and credit or financial services institutions referred to in Article 2 (2) (a) and (b), in accordance with the provisions of paragraph 3. , are to be relocated. The costs incurred by the competent authority through an inspection or inspection carried out on the basis of the provisions of Article 5 shall be reimbursed by the authorities concerned and shall be submitted to the competent authority upon request. The costs referred to in the second sentence shall also include the costs incurred by the competent authority of the Deutsche Bundesbank and other authorities acting within the framework of such measures for the competent authority, as well as the costs of the Use of our own staff. § 15 (2) of the Financial Services Supervision Act shall be applied accordingly. (3) The costs to be repaid in accordance with the first sentence of paragraph 2 shall be included in the transfer which is in connection with the provisions of Section 16 of the Financial Services Supervisory Act (Finanzdienstleistungsprugesetz) which is levied on the basis of the first sentence of § 16 (2), also in conjunction with sentence 4, of the Financial Services Supervisory Act. In accordance with § 2 (2) (a), companies are to be assigned to the supervisory area of the insurance industry, credit or financial services institutions in accordance with § 2 (2) (b) to the supervisory area of credit and financial services. (4) Federal Ministry of Justice and Consumer Protection, the Federal Ministry of Finance and the Federal Ministry of Transport and Digital Infrastructure are each authorized for their business area, by means of a legal regulation without the consent of the Federal Council of the Federal Republic of Germany for the chargeable event and the fee rates for , to lay down fixed rates or framework rates and to lay down rules on increases, reductions and exemptions for certain types of public services which can be individually attributed and the date on which it is established and the (5) The Federal Ministry of Justice and Consumer Protection, the Federal Ministry of Finance and the Federal Ministry of Finance and the Federal Ministry of Finance and the Federal Ministry of Finance Federal Ministry of Transport and Digital Infrastructure are in each case authorized for the area In accordance with Section 22 (4) of the Federal Law on Fees of Fees, the Federal Administration shall determine the date of the creation and the collection of the fee. (6) The Federal Ministries responsible pursuant to paragraphs 4 and 5 may each have the following: Authorisation to enact the legal regulation pursuant to paragraphs 4 and 5 by means of a regulation without the consent of the Federal Council to the competent authority belonging to its business unit in accordance with § 2 (2), (3) or (5).

Section 4
Adaptation to amended Community legislation

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§ 12 empowerment for adaptation

(1) Where further acts of the European Union have been included within the scope of Regulation (EC) No 2006/2004, the Federal Ministry of Justice and Consumer Protection shall be empowered to take responsibility for the implementation of the Regulation (EC) No 2006/2004, in agreement with the Federal Ministry of Finance, by means of a regulation without the consent of the Federal Council. In the case of a legal regulation in accordance with the first sentence, § 2 (2) and (4) shall remain unaffected. (2) The Federal Ministry of Justice and Consumer Protection shall also be authorized, by means of a regulation without the consent of the Federal Council

1.: to amend the provisions of Regulation (EC) No 2006/2004 in this Act in so far as it is necessary to adapt it to amendments to those provisions;
2.: provisions of this Act, or to adapt them in their wording to a remaining area of application, to the extent that they are subject to the adoption of appropriate provisions in regulations of the European Community or of the European Union have become inapplicable.

Section 5
Legal protection of certain administrative measures

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§ 13 Admissibility, Responsibility

(1) Against a decision after

1.: § 5 (1) sentence 2 no. 1, para. 4 or 5, or
2.: § 10 or § 11, in so far as a decision under these provisions is in fact related to a decision under paragraph 1,

the competent authority shall be admissible. In addition, the rules on remedies remain unaffected in the case of administrative measures. (2) The competent authority has a decision within the meaning of the first sentence of the first sentence of paragraph 1 of the Administrative Procedure Act (Administrative Procedure Act) shall be attached. § 58 of the Administrative Court Rules apply accordingly. (3) The appeal shall be admissible only if the applicant asserts that the decision within the meaning of the first sentence of paragraph 1, or the refusal or omission thereof, infringes upon his rights. , it may also be based on new facts and evidence. (4) The decision on the appeal shall be the sole decision of the regional court responsible for the seat of the competent authority. Section 36 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 14 Postponing effect, order of immediate enforcement

(1) The appeal shall have suspensive effect. (2) The competent authority may order the immediate enforcement of the decision, in so far as this is necessary in the public interest. (3) The order referred to in paragraph 2 may already be made before the filing of the Complaints are made. The order shall be justified. (4) Upon request, the Appeal Court may, in whole or in part, restore the suspensive effect to the extent that:

1.: the conditions for the arrangement referred to in paragraph 2 have not been fulfilled or are no longer available,
2.: serious doubts as to the legality of the contested decision, or
3.: full education would result in an undue hardship that would not be offered by overriding public interests.

(5) The request referred to in paragraph 4 shall be admissible before the filing of the appeal. The facts to which the application is based shall be made credible by the applicant. If the decision of the competent authority has already been taken, the appeal court may also order the annulment of the enforcement order. The restoration and the arrangement of the suspenseable effect may be made conditional on the performance of a security or other conditions. They may also be limited in time. (6) Decisions referred to in paragraph 4 may be amended or repealed at any time. Any person concerned may request the amendment or cancellation of any circumstances which have not been claimed in the original proceedings without fault. (7) The Board of Appeal shall decide on an application pursuant to paragraph 4 or 6 by decision. The decision can be taken without oral proceedings. (8) For the end of the postponing effect of the appeal, Section 80b (1) of the Administrative Court of Justice applies. (9) In urgent cases, the Chairman may decide. Unofficial table of contents

§ 15 Deadline and Form

(1) The appeal shall be submitted in writing to the competent authority within one month. The time limit shall begin with the notification of the Authority's decision. It is sufficient if the appeal is received by the appeal court within the time limit. (2) The appeal must refer to the applicant, the defendant, and the subject matter of the appeal. The contested decision is to be accompanied by a copy or a copy of the decision. (3) The appeal must be justified. The time limit for the statement of grounds of appeal is one month; it begins with the filing of the appeal and can be extended upon request by the chairman of the appeal court. (4) The statement of grounds of appeal must contain

1.: the explanation of the extent to which the decision is challenged and its amendment or repeal is requested,
2.: an indication of the facts and evidence on which the complaint is based.

(5) The notice of appeal and the statement of grounds of appeal must be made by a lawyer or legal teacher admitted to a German court at a German university within the meaning of the Higher Education Framework Act, with qualification as the judge's office. signed. Unofficial table of contents

§ 16 Participants in the appeal proceedings

The proceedings before the Appeal Court shall involve:

1.: the complainant,
2.: the competent authority,
3.: persons and associations of persons whose interests are significantly affected by the decision and which the appeal court has attached to their application for the proceedings; the interests of consumer centres and of other consumer associations which by public funds will be significantly affected even if the decision affects a large number of consumers, thereby substantially affecting the interests of consumers as a whole.

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§ 17 Anwaltszwang

Before the appeal court, the parties concerned must be entitled to the right to judge by a lawyer or legal teacher admitted to a German court at a German university within the meaning of the Higher Education Framework Act (Hochschulframework) Have authorised representatives represented. The competent authority may also be represented by officials or employees with qualifications for the Office of Judges and Diploma lawyers in the higher service. Unofficial table of contents

§ 18 Oral proceedings

(1) The Board of Appeal decides on the appeal on the basis of oral proceedings; with the consent of the parties concerned, it can be decided without oral proceedings. (2) If the parties are in the process of negotiation, despite the right time of the hearing. Notification not appearing or being represented, however, can be negotiated and decided in the case. Unofficial table of contents

Section 19 Investigation principle

(1) The Board of Appeal shall investigate the facts of its own motion; the parties concerned shall be involved in this process. (2) The authorities are obliged to submit documents or files, to transmit electronic documents and to provide information. (3) The Chairman has to work towards this, that formal errors are eliminated, unclear applications are explained, relevant applications are made, insufficient actual information is added, and all the statements which are essential for the determination and assessment of the facts are made. (4) Appeal court may give up the parties to be determined within a To submit a deadline for points in need of information, to refer to evidence and to present documents in their hands and other evidence. In the event of a failure to meet the deadline, the situation of the case may be decided without taking into account the documents which have not been provided. Unofficial table of contents

Section 20 Appeal decision

(1) The Board of Appeal shall decide by a decision on its free conviction, which is obtained from the overall result of the proceedings. The decision may only be based on facts and evidence to which the parties have been able to express their views. The Board of Appeal may derogate from this, if, for important reasons, in particular for the purpose of safeguarding operational or business secrets, the appellants have not been granted access to the file and the contents of the file have not been made available for these reasons. is. This does not apply to those invited who are involved in the legal relationship in dispute in such a way that the decision can only be given to them in a uniform manner. (2) For the appeal decision, § 113 (1), (3) to (5) and § 114 of the Administrative court order. (3) The decision must be justified and shall be notified to the parties concerned with an instruction for the right to appeal. Unofficial table of contents

Section 21 File inspection

(1) The parties referred to in § 16 (1) and (2) may inspect the files of the Board of Appeal and may, by the office of the office, grant them copies, excerpts and copies of their costs. Section 299 (3) of the Code of Civil Procedure shall apply in accordance with the provisions of Article 299 (3) of the Code of Civil Procedure. (2) View in the case of acts, conacts, expert opinions and information shall be admissible only with the consent of the bodies to which the files belong or who have obtained the statement. The competent authority shall refuse to consent to the inspection of its documents, insofar as this is necessary for important reasons, in particular for the protection of business or business secrets. If the inspection is rejected or is inadmissible, these documents may only be used for the decision in so far as their content has been put forward. The appeal court may, after hearing the person concerned by the disclosure, disclose facts or evidence whose secrecy is required for important reasons, in particular for the purpose of safeguarding business or commercial secrets. , by order, in so far as it is important for the decision to take these facts or evidence, do not have other means of clarifying the facts and, after weighing all the circumstances of the individual case, the importance of the matter is the interest of the Affected by secrecy outweighs. The decision shall be justified. In the proceedings under sentence 4, the person concerned does not have to be represented by a lawyer. (3) The party referred to in § 16 (3) is to grant the same scope to the appeal court after consultation of the right of access to the file. Unofficial table of contents

§ 22 Validate of provisions of the Law of the Court of Justice and of the Code of Civil Procedure

In the proceedings before the Appeal Court, supplementary, unless otherwise specified,

1.: the provisions of § § 169 to 197 of the Law of the Judicial Constitution on the public and the seat police, court language, consultation and voting;
2.: the rules of the Code of Civil Procedure, in particular on the exclusion and rejection of a judge, on litigation agents and advisers, on the delivery of the Office, on charges, dates and time limits, on the arrangement of the personal The parties concerned, the connection of several processes, the completion of the witness and expert's proof and the other types of evidence, the reinstatement to the previous stand against the failure of a Deadline, accordingly.

The provisions of the seventeenth title of the Judith Constitutional Law shall be applied accordingly. Unofficial table of contents

Section 23 Inauguration

(1) Upon request, the appeal court may, even before the appeal is raised, take an injunction in relation to the subject of the dispute if there is a risk that a change in the existing state will result in the realization of a To the right of the applicant could be foiled or made considerably more difficult. Interim measures are also admissible in order to regulate a provisional state in relation to a contested legal relationship, if such a rule, in particular in the case of permanent legal relationships, is to avert significant disadvantages or imminent violence (2) The Board of Appeal shall be responsible for the adoption of interim measures. § 14 (6), (7) and (9) shall apply accordingly. (3) The provisions of Sections 920, 921, 923, 926, 928 to 932, 938, 939, 941 and 945 of the Code of Civil Procedure shall apply in accordance with the provisions of § § 920, 921, 923, 926, 928, 928, 928, 932, 928, 928, 928, 928, 928, 928, 928, 932, Unofficial table of contents

Section 24 Legal complaint

(1) In the case of the decisions of the regional courts issued in the main proceedings, the appeal shall be brought to the Federal Court of Justice if the district court has allowed the legal appeal. (2) The appeal shall be allowed if:

1.: a legal matter of fundamental importance must be decided or
2.: requires the further training of the law or the assurance of a uniform case-law of a decision of the Federal Court of Justice.

(3) The decision of the Regional Court shall be the subject of the authorisation or non-authorisation of the appeal. The reasons for non-authorisation are to be justified. (4) An admission to the lodging of the appeal against decisions of the Board of Appeal shall not be required if one of the following defects of the proceedings is present and is rumors:

1.: the court decided not to have been appointed in accordance with the rules;
2.: In the case of the decision, a judge who was excluded from the exercise of the judge's office by law or who was successful in refusing to act on the grounds of concern, has participated in the decision,
3.: a party was denied the right to be heard,
4.: a participant in the proceedings was not represented in accordance with the provisions of the law, unless he expressly or implicitly consented to the conduct of the proceedings,
5.: the decision has been taken on the basis of oral proceedings in which the provisions relating to the public have been infringed, or
6.: the decision is not reasoned.

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Section 25 Non-admission complaint

(1) Non-admission of the legal complaint can be appealed independently by means of non-admission proceedings. (2) The Federal Court of Justice decides on the non-admissibility complaint by decision which is to be justified. The decision may be taken without oral proceedings. (3) The non-admission complaint shall be submitted in writing to the regional court within one month. The time limit begins with the notification of the decision to be challenged. (4) For the non-admission complaint, § 14 para. 1, § 15 para. 2, 3, 4 No. 1 and para. 5, § § 16, 17, 21 and 22 No. 2 of this Act as well as the § § 192 to 197 of the Court Constitutional Law on deliberation and voting accordingly. (5) If the legal complaint is not admitted, the decision of the Regional Court will be final with the notification of the decision of the Federal Court of Justice. If the legal complaint is admitted, the decision of the Federal Court of Justice shall begin to be notified of the course of the appeal period. Unofficial table of contents

§ 26 Board of Appeal, Form and Deadline

(1) The appeal shall be based on the parties to the appeal proceedings. (2) The appeal may only be based on the fact that the decision is based on an infringement of the law; § § 546 and 547 of the Code of Civil Procedure shall apply (3) The legal complaint shall be submitted in writing to the District Court within one month. The period begins with the notification of the contested decision. (4) The Federal Court of Justice shall be bound by the actual findings made in the contested decision, except where, in relation to these findings, the Court of Justice has admissible and § 14 (1), § 15 (2), 3, 4 (1) and (5), § § 16 to 18 as well as § § 20 to 22 shall apply mutas to the legal complaints. Unofficial table of contents

Section 27 Costing and fixing of costs

In the appeal proceedings and in the appeal proceedings, the court may order that the costs which were necessary for the appropriate execution of the matter shall be reimbursed in whole or in part by a party if that is the case. Image quality. If a participant has caused costs by means of an unfounded legal remedy or by gross negligence, the costs shall be incurred by him. Moreover, the provisions of the Code of Civil Procedure on the procedure for the fixing of costs and the enforcement of cost-fixing decisions shall apply mutatily. Unofficial table of contents

Section 28 remedial action in the event of violation of the right to be heard

(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 the written procedure, 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 for the judgment of the Court of First Instance. (6) § 149 (1) sentence 2 of the Administrative Court order must be applied accordingly.