Act on Legal Redress for Excessive Length of Court Proceedings and of Criminal
Investigation Proceedings
of 24 November 2011
The Federal Parliament has passed the following Act with the consent of the Federal
Council:
Table of Contents
Article 1
Amendment of the Courts Constitution Act
Article 2
Amendment of the Federal Constitutional Court Act
Article 3
Amendment of the Federal Regulations for Notaries
Article 4
Amendment of the Federal Regulations for Practising Lawyers
Article 5
Amendment of the Civil Procedure Code
Article 6
Amendment of the Labour Court Act
Article 7
Amendment of the Social Court Act
Article 8
Amendment of the Code of Administrative Court Procedure
Article 9
Amendment of the Code of Finance Court Procedure
Article 10 Amendment of the Court Costs Act
Article 11 Amendment of the Practising Lawyers’ Remuneration Act
Article 12 Amendment of the Act to Implement the EC Regulation on Consumer Protection
Cooperation
Article 13 Amendment of the Patent Act
Article 14 Amendment of the Utility Model Act
Article 15 Amendment of the Trade Mark Act
Article 16 Amendment of the Patent Attorney Regulations
Article 17 Amendment of the Semiconductor Protection Act
Article 18 Amendment of the Design Act
2
Article 19 Amendment of the Military Complaints Code
Article 20 Amendment of the Military Disciplinary Code
Article 21 Amendment of the Act against Restraint of Competition
Article 22 Amendment of the Energy Industry Act
Article 23 Transitional provision
Article 24 Entry into force
3
Article 1
Amendment of the Courts Constitution Act
The following Seventeenth Title, comprising sections 198 to 201, shall be added to the
Courts Constitution Act in the version published on 9 May 1975 (Federal Law Gazette I p.
1077), last amended by Article 3 paragraph 1 of the Act of 22 December 2010 (Federal Law
Gazette I p. 2300):
“Seventeenth Title
Legal redress for excessive length of court proceedings and of criminal investigation
proceedings
Section 198
(1) Whoever as the result of the unreasonable length of a set of court proceedings
experiences a disadvantage as a participant in those proceedings shall be given reasonable
compensation. The reasonableness of the length of proceedings shall be assessed in the
light of the circumstances of the particular case concerned, in particular the complexity
thereof, the importance of what was at stake in the case, and the conduct of the participants
and of third persons therein.
(2) A disadvantage not constituting a pecuniary disadvantage shall be presumed to
have occurred in a case where a set of court proceedings has been of unreasonably long
duration. Compensation can be claimed therefor only insofar as reparation by other means,
having regard to the circumstances of the particular case, is not sufficient in accordance with
subsection (4). Compensation pursuant to the second sentence shall amount to EUR 1,200
for every year of the delay. Where having regard to the circumstances of the particular case
the sum pursuant to the third sentence is inequitable, the court can assess a higher or lower
sum.
(3) A participant in proceedings shall obtain compensation only if he has complained
about the length of the proceedings to the court seized of the case (censure of delay). A
censure of delay can be filed only if there is cause to fear that the case will not be concluded
within a reasonable time; a censure of delay can be reiterated at the earliest after six months,
but not in a case where a shorter duration is necessary by way of exception. Where
expedition of the proceedings depends on factors that have not yet been introduced into the
4
proceedings, reference shall be made thereto in the complaint. Otherwise, in the assessment
of the reasonable length of proceedings, account shall not be taken of these factors by the
court required to give the decision on compensation (court of compensation). Where the
proceedings become delayed before another court, it shall be necessary to file a new
censure of delay.
(4) Reparation by other means shall be possible in particular where the court of
compensation makes a finding that the length of the proceedings was unreasonable. Such
finding shall not require the making of a prior application. In serious cases the finding can be
made in addition to compensation; it can also be made where one, or more than one,
precondition under subsection (3) has not been fulfilled.
(5) A court action to enforce a claim under subsection (1) can be brought at the earliest
six months after the filing of the censure of delay. The court action must be brought no later
than six months following entry into final and binding force of the decision ending the
proceedings, or following another manner of disposal of the proceedings. The claim shall not
be transferable until a final and binding decision has been given in the court action.
(6) Within the meaning of this provision
1.
a set of court proceedings shall mean every set of proceedings from their introduction
until their conclusion with final and binding force, including proceedings for granting
provisional court relief and for granting legal aid; an exception to this shall be formed by
insolvency proceedings once they have been opened; where insolvency proceedings
have been opened the obtaining of a decision shall be deemed to be a set of court
proceedings;
2.
a participant in proceedings shall mean any party to, and any participant in, a set of court
proceedings with the exception of entities of constitutional rank, of public administration
entities and of other public agencies, so far as the latter are not participating in a set of
proceedings in the exercise of a right of self-governance.
Section 199
(1) Section 198 shall be applied, subject to subsections (2) to (4), to criminal
proceedings, including proceedings in preparation of public charges.
(2) During proceedings in preparation of public charges the public prosecution office
and, in the cases under section 386 subsection (2) of the Fiscal Code, the revenue
authority shall act in lieu of the court; Section 198 subsection (3), fifth sentence,
shall apply mutatis mutandis to the proceedings subsequent to preferment of public
charges.
5
(3) Where for the benefit of the accused a criminal court or the public prosecution office
has taken account of the unreasonable length of the proceedings, this shall
constitute, pursuant to Section 198 subsection (2), second sentence, sufficient
reparation by other means; to this extent Section 198 subsection (4) shall not apply.
Where the accused in criminal proceedings seeks compensation for excessive
length of proceedings, the court of compensation shall be bound, in respect of the
assessment of the reasonableness of the length of the proceedings, by a decision
given by the criminal court.
(4) A private prosecutor shall not be a participant in proceedings within the meaning of
Section 198 subsection (6), number 2.
Section 200
For disadvantages occurring as the result of delays at courts of a Land, the Land
concerned shall bear liability. For disadvantages occurring as the result of delays at courts of
the Federation, the Federation shall bear liability. The first and second sentences shall apply
mutatis mutandis to public prosecution offices and revenue authorities in the cases under
section 386 subsection (2) of the Fiscal Code.
Section 201
(1) Where a Land is to be sued in a court action for compensation, jurisdiction shall lie
with the Higher Regional Court in whose district proceedings in the litigation were conducted.
Where the Federation is to be sued in a court action for compensation, jurisdiction shall lie
with the Federal Court of Justice. Such jurisdiction shall be exclusive in each case.
(2) The provisions of the Civil Procedure Code governing proceedings conducted
before the Regional Courts at first instance shall be applied mutatis mutandis. Jurisdiction to
give a decision shall not lie with a judge sitting alone. Subject to section 543 of the Civil
Procedure Code, an appeal shall be possible on points of law in respect of a decision given
by the Higher Regional Court; section 544 of the Civil Procedure Code shall be applied
mutatis mutandis.
(3) The court of compensation can suspend the case if the court proceedings upon
whose length a claim under Section 198 depends are still continuing. In criminal
proceedings, including proceedings in preparation of public charges, the court of
compensation shall suspend the case for as long as the criminal proceedings have not yet
been concluded.
6
(4) In a case where a compensation claim does not apply, or does not exist to the
extent pleaded, but where a finding is made to the effect that the proceedings have been of
unreasonable length, the court shall give a decision on the costs at its equitable discretion.”
Article 2
Amendment of the Federal Constitutional Court Act
The Federal Constitutional Court Act in the version published on 11 August 1993
(Federal Law Gazette I p. 1473), last amended by Article 11 of the Act of 22 December 2010
(Federal Law Gazette I p. 2248), shall be amended as follows:
1.
The following Fourth Part comprising sections 97a to 97e shall be inserted
after section 97:
“Fourth Part
Complaint of delay
Section 97a
(1) Whoever as the result of the unreasonable length of proceedings before the
Federal Constitutional Court experiences a disadvantage as a participant in those
proceedings or as a participant in proceedings suspended for the purpose of obtaining a
decision from the Federal Constitutional Court shall be given reasonable compensation.
The reasonableness of the length of proceedings shall be assessed in the light of the
circumstances of the particular case, having due regard to the functions and the rank of
the Federal Constitutional Court.
(2) A disadvantage not constituting a pecuniary disadvantage shall be presumed to
have occurred in a case where a set of proceedings before the Federal Constitutional
Court has been of unreasonably long duration. Compensation can be claimed therefor
unless, having regard to the circumstances of the particular case, reparation by other
means is sufficient, in particular where a finding is made that the length of the
proceedings was unreasonable. Compensation pursuant to the second sentence shall
amount to €1,200 for every year of the delay. Where having regard to the circumstances
of the particular case, the sum pursuant to the third sentence is inequitable, the Federal
Constitutional Court can assess a higher or lower sum.
7
Section 97b
(1) A decision on compensation and reparation shall be given if a complaint
(complaint of delay) has been lodged with the Federal Constitutional Court. A complaint
of delay shall only be admissible in the event that the complainant has censured the
length of the proceedings vis-à-vis the Federal Constitutional Court (censure of delay). A
complaint of delay shall be lodged in writing and it shall set out the circumstances
purporting to establish the unreasonableness of the length of the proceedings. It shall be
admissible twelve months at the earliest after receipt of the case at the Federal
Constitutional Court. A censure of delay shall not require a responding notification.
(2) A complaint of delay can be lodged at the earliest six months after the filing of a
censure of delay; where a decision has been given by the Federal Constitutional Court
or where the case has otherwise been disposed of, the complaint of delay shall be
lodged within three months. It shall be lodged in writing, and at the same time reasons
shall be given therefor. The claim shall not be transferred before entry into final and
binding force of the decision on the complaint of delay.
Section 97c
(1) The decision on the complaint of delay shall lie with the complaints division, to
which the plenary Court shall appoint two judges from each Panel. Their regular term of
office shall amount to two years.
(2) In the event of the rapporteur in the impugned proceedings being a member of
the complaints division, the rapporteur shall be excluded from participating in the
proceedings on the complaint.
(3) The Rules of Court shall regulate more specific matters, in particular the
designation of the presiding judge and the means of ensuring continuity in the
appointment of successors needed to replace departing members of the division, as well
as the provision of deputies within the division.
Section 97d
(1) The rapporteur in the impugned proceedings should submit an opinion within
one month of receipt of the reasons for the complaint of delay.
(2) The complaints division shall give a majority decision. Where there is parity in
the number of votes cast, the complaint of delay shall be deemed to have been
dismissed. The complaints division shall give its decision without an oral hearing.
Reasons need not be given in respect of a ruling on a complaint of delay.
8
(3) The decision given shall be incontestable.
Section 97e
Sections 97a to 97d shall also apply to cases already pending on 3 December 2011
as well as to concluded cases whose length, as of 3 December 2011, has or can still
become the subject-matter of an application to the European Court of Human Rights.
Section 97b subsection (1), second to fifth sentences, shall not apply to concluded cases
referred to in the first sentence; Section 97b subsection (2) shall be applicable subject to
the proviso that a complaint of delay can be lodged immediately and must be lodged, at
the latest, on 3 March 2012.”
2.
The former Fourth Part shall become the Fifth Part.
Article 3
Amendment of the Federal Regulations for Notaries
The Federal Regulations for Notaries in the adjusted version published in the Federal
Law Gazette, Part III, segment number 303-1, last amended by Article 1 of the Act of 22
December 2010 (Federal Law Gazette I p. 2255), shall be amended as follows:
1.
The following subsection (5) shall be added to section 96:
“(5) The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied to legal redress for excessive length of court proceedings. Such provisions of
this Act as govern the composition of the Higher Regional Court and of the Federal Court
of Justice in disciplinary matters relating to notaries shall not be applied.”
2.
The following section 111h shall be inserted after section 111g:
“Section 111h
The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied to legal redress for excessive length of court proceedings. Such provisions of
this Act as govern the composition of the Higher Regional Court and of the Federal Court
of Justice in matters of administrative law relating to notaries shall not be applied.”
9
Article 4
Amendment of the Federal Regulations for Practising Lawyers
The Federal Regulations for Practising Lawyers in the adjusted version published in the
Federal Law Gazette, Part III, segment number 303-8, last amended by Article 1 of the Act of
22 December 2010 (Federal Law Gazette I p. 2248; 2011 I p. 223), shall be amended as
follows:
1.
The following sentence shall be added to section 57 subsection (3):
“Section 116 subsection (2) shall apply mutatis mutandis.”
2.
The following subsection (7) shall be added to section 74a:
“(7)
3.
Section 116 subsection (2) shall apply mutatis mutandis.”
The following section 112g shall be inserted after section 112f:
“Section 112g
Legal redress for excessive length of court proceedings
The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied to legal redress for excessive length of court proceedings. Such provisions of
this Act as govern the composition of the Panel at the Federal Court of Justice for
Matters Concerning the Legal Profession shall not be applied.”
4.
a)
Section 116 shall be amended as follows:
The words “and legal redress for excessive length of court proceedings” shall be
added to the title.
b)
The text shall become subsection (1).
c)
The following subsection (2) shall be added:
“(2) The provisions of the Seventeenth Title of the Courts Constitution Act shall
be applied to legal redress for excessive length of court proceedings. Such
provisions of this Act as govern the composition of the Panel at the Federal Court of
Justice for Matters Concerning the Legal Profession shall not be applied.”
Article 5
Amendment of the Civil Procedure Code
10
Section 41 of the Civil Procedure Code in the version published on 5 December 2005
(Federal Law Gazette I p. 3202; 2006 I p. 431; 2007 I p. 1781), last amended by Article 1 of
the Act of 21 October 2011 (Federal Law Gazette I p. 2082), shall be amended as follows:
1.
In number 6 the full stop at the end shall be replaced by a semicolon.
2.
The following number 7 shall be added:
“7. in matters concerning excessive length of court proceedings if he participated
in the proceedings at an instance upon whose length the compensation claim is
based.”
Article 6
Amendment of the Labour Court Act
Section 9 of the Labour Court Act in the version published on 2 July 1979 (Federal
Law Gazette I p. 853, 1036), last amended by Article 2 of the Act of 14 June 2011
(Federal Law Gazette I p. 1050), shall be amended as follows:
1.
The words “and legal redress for excessive length of court proceedings” shall
be added to the title.
2.
The following sentence shall be added to subsection (2):
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Higher Labour Court shall be intended
in lieu of the Higher Regional Court, that the Federal Labour Court shall be intended in
lieu of the Federal Court of Justice and that the Labour Court Act shall be intended in
lieu of the Civil Procedure Code.”
Article 7
Amendment of the Social Court Act
The Social Court Act in the version published on 23 September 1975 (Federal Law
Gazette I p. 2535), last amended by Article 4 of the Act of 24 March 2011 (Federal Law
Gazette I p. 453), shall be amended as follows:
1.
In section 31 subsection (1), second sentence, the word “can” following the word
“mining” shall be replaced with the words “as well as in respect of cases concerning
excessive length of court proceedings (Section 202, second sentence) can respectively”.
2. Section 33 shall be amended as follows:
11
a) The text shall become subsection (1).
b)
The following subsection (2) shall be added:
“(2) The honorary judges appointed for social insurance matters shall also
participate in panels adjudicating cases concerning excessive length of court
proceedings (Section 202, second sentence).”
3.
Section 40, third sentence, 3 shall be repealed.
4.
The following sentence shall be added to section 183:
“Exemption from costs, pursuant to this provision, shall not apply in a case concerning
excessive length of court proceedings (Section 202, second sentence).”
5.
In section 197a subsection (1), first sentence, the following words shall be inserted after
the word “persons”:
“or if it is a case concerning excessive length of court proceedings (Section 202, second
sentence)”.
6.
The following sentence shall be added to section 202:
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Higher Social Court shall be intended in
lieu of the Higher Regional Court, that the Federal Social Court shall be intended in lieu
of the Federal Court of Justice and that the Social Court Act shall be intended in lieu of
the Civil Procedure Code.”
Article 8
Amendment of the Code of Administrative Court Procedure
The following sentence shall be inserted after section 173, first sentence, of the Code of
Administrative Court Procedure in the version published on 19 March 1991 (Federal Law
Gazette I p. 686), last amended by Article 9 of the Act of 22 December 2010 (Federal Law
Gazette I p. 2248):
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Higher Administrative Court shall be
intended in lieu of the Higher Regional Court, that the Federal Administrative Court shall be
intended in lieu of the Federal Court of Justice and that the Code of Administrative Court
Procedure shall be intended in lieu of the Civil Procedure Code.”
12
Article 9
Amendment of the Code of Finance Court Procedure
The following sentence shall be added to section 155 of the Code of Finance Court
Procedure in the version published on 28 March 2001 (Federal Law Gazette I p. 442, 2262;
2002 I p. 679), last amended by Article 6 of the Act of 30 July 2009 (Federal Law Gazette I p.
2449):
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Federal Finance Court shall be intended in
lieu of the Higher Regional Court and of the Federal Court of Justice, and that the Code of
Finance Court Procedure shall be intended in lieu of the Civil Procedure Code; the provisions
governing proceedings conducted at first instance shall be applied mutatis mutandis.”
Article 10
Amendment of the Court Costs Act
The Court Costs Act of 5 May 2004 (Federal Law Gazette I p. 718), last amended by
Article 8 of the Act of 23 May 2011 (Federal Law Gazette I p. 898), shall be amended as
follows:
1.
In the Table of Contents after the words appearing in conjunction with section 12 the
following words shall be inserted:
“Section 12a
Cases concerning excessive length of court proceedings and of
criminal investigation proceedings.”
2.
The following sentence shall be added to section 11:
“The first sentence shall not apply in respect cases concerning excessive length of court
proceedings (section 9 subsection [2], second sentence, of the Labour Court Act).”
3. The following section 12a shall be inserted after section 12:
“Section 12a
Cases concerning excessive length
of court proceedings and
of criminal investigation proceedings
In cases concerning excessive length of court proceedings and of criminal
investigation proceedings Section 12 subsection (1) shall be applied mutatis mutandis.”
13
4.
In section 52 subsection (4) the words “except for cases under section 155, second
and third sentences, of the Code of Finance Court Procedure” shall be inserted after
the word “finance jurisdiction”.
5.
Annex 1 (Table of Costs) shall be amended as follows:
a)
The Table of Contents shall be amended as follows:
aa)
After the words appearing in conjunction with Part 1 Principal Division 2
Division 1 the following words shall be inserted:
“Subdivision 1 Cases before the Local Court or the Regional Court
Subdivision 2
Cases before the Higher Regional Court
Subdivision 3
Cases before the Federal Court of Justice”.
bb)
After the words appearing in conjunction with Part 6 Principal Division 1
Division 1 the following words shall be inserted:
“Subdivision 1 Cases before the Finance Court
Subdivision 2
cc)
Cases before the Federal Finance Court”.
After the words following Part 7 Principal Division 1 Division 1 the
following words shall be inserted:
“Subdivision 1 Cases before the Social Court
b)
Subdivision 2
Cases before the Higher Social Court
Subdivision 3
Cases before the Federal Social Court”.
The following heading shall be inserted before number 1210:
“Subdivision 1
Cases before the Local Court or the Regional Court”.
c)
The following subdivisions 2 and 3 shall be inserted after number 1211:
Fee or Fee
Number
Fee element
Rate under
section 34
CCA
14
Fee or Fee
Number
Fee element
Rate under
section 34
CCA
“Subdivision 2
Cases before the Higher Regional Court
1212
Cases in general.................................................................
1213
Conclusion of the entire case
1.
by withdrawal of the court action
a) before the end of the oral hearing,
b) in the cases under section 128 subsection (2) of the Civil
Procedure Code, before the point at which the oral
hearing ends, or
c) in the case under section 331 subsection (3) of the Civil
Procedure Code, before expiry of the day on which the
judgment is transmitted to the Registry,
if no decision on costs is given pursuant to section 269
subsection (3), third sentence, of the Civil Procedure Code,
or if the decision follows a previously notified agreement of
the parties concerning the assumption of costs or follows a
party’s declaration of the assumption of costs,
2. by a judgment based on the defendant’s acknowledgement,
by a judgment based on a declaration of waiver or by a
judgment which, under section 313a subsection (2) of the
Civil Procedure Code, contains neither a statement of the
facts nor the reasons given for the decision,
3. by a court settlement or
4.
by declarations of disposal, made pursuant to section 91a of
the Civil Procedure Code, in a case where no decision is
given on costs or where the decision follows a previously
notified agreement of the parties concerning the assumption
of costs or follows a party’s declaration of the assumption of
costs,
4,0
15
Fee or Fee
Number
Fee element
Rate under
section 34
CCA
unless already preceded by such other judgment as is not one of
the judgments referred to in Number 2:
Fee 1212 shall be reduced to.............................. …………..
2,0
The fee shall also be reduced where there is fulfilment of more than one
ground for reduction.
Subdivision 3
Cases before the Federal Court of Justice
1214
Cases in general.................................................................
1215
Conclusion of the entire case
1.
by withdrawal of the court action
a) before the end of the oral hearing,
b) in the cases under section 128 subsection (2) of the Civil
Procedure Code, before the point at which the oral
hearing ends, or
c) in the case under section 331 subsection (3) of the Civil
Procedure Code before expiry of the day on which the
judgment is transmitted to the Registry,
if no decision on costs is given pursuant to section 269
subsection (3), third sentence, of the Civil Procedure Code,
or if the decision follows a previously notified agreement of
the parties concerning the assumption of costs or follows a
party’s declaration of the assumption of costs,
2. by a judgment based on the defendant’s acknowledgement,
by a judgment based on a declaration of waiver or by a
judgment which, under section 313a subsection (2) of the
Civil Procedure Code, contains neither a statement of the
facts nor the reasons given for the decision,
3.
by a court settlement or
4.
by declarations of disposal, made pursuant to section 91a of
5,0
16
Fee or Fee
Number
Fee element
Rate under
section 34
CCA
the Civil Procedure Code, in a case where no decision is
given on costs or where the decision follows a previously
notified agreement of the parties concerning the assumption
of costs or follows a party’s declaration of the assumption of
costs,
unless already preceded by such other judgment as is not one of
the judgments referred to in Number 2:
Fee 1214 shall be reduced to.............................. …………..
The fee shall also be reduced where there is fulfilment of more than one
3,0“.
ground for reduction.
d)
The following heading shall be inserted before number 6110:
“Subdivision 1
Cases before the Finance Court”.
e)
The following subdivision 2 shall be inserted after number 6111:
Fee or Fee
Number
Fee element
Rate under
section 34 CCA
“Subdivision 2
Cases before the Federal Finance Court
6112
Cases in general .................................................................
6113
Conclusion of the entire case
1. by withdrawal of the court action
a) before the end of the oral hearing, or
b) where there is no such oral hearing, before expiry of the
5,0
17
Fee or Fee
Number
Fee element
Rate under
section 34 CCA
day on which the judgment or the court notice is
transmitted to the Registry, or
2. by a ruling in the cases under section 138 of the Code of
Finance Court Procedure,
unless already preceded by a judgment or a court notice:
Fee 6112 shall be reduced to...............................………….
3,0“.
The fee shall also be reduced where there is fulfilment of more than one
ground for reduction.
f)
The following heading shall be inserted before number 7110:
“Subdivision 1
Cases before the Social Court”.
g)
The following subdivisions 2 and 3 shall be inserted after number 7111:
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
“Subdivision 2
Cases before the Higher Social Court
7112
Cases in general .................................................................
7113
Conclusion of the entire case
1. by withdrawal of the court action
a) before the end of the oral hearing, or
b) where there is no such oral hearing, before expiry of the
day on which the judgment or the court notice is
transmitted to the Registry, or
2. by a judgment based on the defendant’s acknowledgement,
3. by a court settlement or acceptance of acknowledgement, or
4,0
18
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
4.
by declarations of disposal, made pursuant to section 197a
subsection (1), first sentence, of the Social Code in
conjunction with section 161 subsection (2) of the Code of
Administrative Court Procedure, in a case where no decision
is given on costs or where the decision follows a previously
notified agreement of the participants concerning the
assumption of costs or follows a participant’s declaration of
the assumption of costs,
unless already preceded by a judgment or a court notice:
Fee 7112 shall be reduced to...............................………….
The fee shall also be reduced where there is fulfilment of more than one
ground for reduction.
2,0
19
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
Subdivision 3 Cases before the Federal Social Court
7114
Cases in general .................................................................
7115
Conclusion of the entire case
5,0
1. by withdrawal of the court action
a) before the end of the oral hearing, or
b) where there is no such oral hearing, before expiry of the
day on which the judgment or the court notice is
transmitted to the Registry, or
2. by a judgment based on the defendant’s acknowledgement,
3. by a court settlement or acceptance of acknowledgement, or
4.
by declarations of disposal, made pursuant to section 197a
subsection (1), first sentence, of the Social Code in
conjunction with section 161 subsection (2) of the Code of
Administrative Court Procedure, in a case where no decision
is given on costs or where the decision follows a previously
notified agreement of the participants concerning the
assumption of costs or follows a participant’s declaration of
the assumption of costs,
unless already preceded by a judgment or a court notice:
3,0“.
Fee 7114 shall be reduced to...............................………….
The fee shall also be reduced where there is fulfilment of more than one ground
for reduction.
.
h)
The following numbers 8212 to 8215 shall be inserted after number 8211:
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
“8212
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
20
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
Act) before the Higher Labour Court:
Fee 8210 shall amount to....................................................
8213
4,0
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
Act) before the Higher Labour Court:
2,0
Fee 8211 shall amount to....................................................
8214
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
Act) before the Federal Labour Court:
Fee 8210 shall amount to....................................................
8215
5,0
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
Act) before the Federal Labour Court:
Fee 8211 shall amount to....................................................
i)
3,0“.
The following numbers 8233 to 8235 shall be inserted after number 8232:
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
“8233
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
Act):
Fee 8230 shall amount to....................................................
8234
5,0
Cases concerning excessive length of court proceedings
(section 9 subsection [2], second sentence, of the Labour Court
Act):
Fee 8231 shall amount to....................................................
8235
Cases concerning excessive length of court proceedings
1,0
21
Fee or Fee
Number.
Fee element
Rate under
section 34 CCA
(section 9 subsection [2], second sentence, of the Labour Court
Act):
Fee 8232 shall amount to....................................................
3,0”.
Article 11
Amendment of the Practising Lawyers’ Remuneration Act
The Practising Lawyers’ Remuneration Act of 5 May 2004 (Federal Law Gazette I p. 718,
788), last amended by Article 11 of the Act of 23 May 2011 (Federal Law Gazette I p. 898),
shall be amended as follows:
1.
The following sentence shall be added to section 3 subsection (1):
“In cases concerning excessive length of court proceedings (section 202, second
sentence, of the Social Court Act) the fees shall be calculated according to the value
of the subject-matter.”
2.
The fee element under number 3300 of Annex 1 (Table of Remuneration) shall be
amended as follows:
a)
In number 1 the word “and” shall be replaced by a comma.
b)
In number 2 the word “and” shall be added after the words “(Administrative
Court)”.
c)
The following number 3 shall be added:
“3.
for proceedings in cases concerning excessive length of court
proceedings and of criminal investigation proceedings before the
Higher Regional Courts, the Higher Social Courts, the Higher
Administrative Courts, the Higher Labour Courts or a highest court of
the Federation.”
22
Article 12
Amendment of the Act to Implement the EC Regulation on Consumer Protection
Cooperation
The Act to Implement the EC Regulation on Consumer Protection Cooperation of 21
December 2006 (Federal Law Gazette I p. 3367), last amended by Article 8 of the Act of 9
December 2010 (Federal Law Gazette I p. 1934), shall be amended as follows:
1.
The title of Division 5 shall be worded as follows:
“Division 5
Legal redress for certain administrative measures”.
2.
The following sentence shall be added to section 22:
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis.”
Article 13
Amendment of the Patent Act
The Patent Act in the version published on 16 December 1980 (Federal Law Gazette
1981 I p. 1), last amended by Article 1 of the Act of 31 July 2009 (Federal Law Gazette I p.
2521), shall be amended as follows:
1.
In the Table of Contents the word “128a” shall be replaced by the word “128b”.
2.
The following section 128b shall be inserted after section 128a:
“Section 128b
The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied mutatis mutandis to proceedings before the Patent Court and the Federal Court
of Justice.”
23
Article 14
Amendment of the Utility Model Act
In section 21 subsection (1) of the Utility Model Act in the version published on 28
August 1986 (Federal Law Gazette I p. 1455), lasted amended by Article 2 of the Act of 31
July 2009 (Federal Law Gazette I p. 2521), the word “and” following the words “(Section
128)” shall be replaced by a comma, and the words “and concerning legal redress for
excessive length of court proceedings (Section 128b)” shall be inserted after the words
“(Section 128a)”.
Article 15
Amendment of the Trade Mark Act
The Trade Mark Act of 25 October 1994 (Federal Law Gazette I p. 3082; 1995 I p. 156;
1996 I p. 682), last amended by Article 17 of the Act of 22 December 2010 (Federal Law
Gazette I p. 2248), shall be amended as follows:
1.
In the Table of Contents after the word in conjunction with section 96 the
following words shall be inserted:
“Section 96a Legal redress for excessive length of court proceedings”.
2.
The following section 96a shall be inserted after section 96:
“Section 96a
Legal redress for excessive length of court proceedings
The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied mutatis mutandis to proceedings before the Patent Court and the Federal Court
of Justice.”
Article 16
Amendment of the Patent Attorney Regulations
The Patent Attorney Regulations of 7 September 1966 (Federal Law Gazette I p. 557),
last amended by Article 4 of the Act of 22 December 2010 (Federal law Gazette I p. 2248),
shall be amended as follows:
1.
The following section 94f shall be inserted after section 94e:
24
“Section 94f
Legal redress for excessive length of court proceedings
The provisions of the Seventeenth Title of the Courts Constitution Act shall be
applied to legal redress for excessive length of court proceedings. Such provisions of
this Act as govern the composition of the Panel for Patent Attorney Matters at the Higher
Regional Court and at the Federal Court of Justice shall not be applied.”
2.
Section 98 shall be amended as follows:
a)
The words “and legal redress for excessive length of court
proceedings” shall be added to the title.
b)
The text shall become subsection (1).
c)
The following subsection (2) shall be added:
“(2) The provisions of the Seventeenth Title of the Courts
Constitution Act shall be applied to legal redress for excessive length of
court proceedings. Such provisions of this Act as govern the
composition of the Panel for Patent Attorney Matters at the Higher
Regional Court and at the Federal Court of Justice shall not be
applied.”
Article 17
Amendment of the Semiconductor Protection Act
In section 11 subsection (1) of the Semiconductor Protection Act of 22 October 1987
(Federal Law Gazette I S. 2294), last amended by Article 5 of the Act of 31 July 2009
(Federal Law Gazette I p. 2521), the word “and” following the words “(section 127)” shall be
replaced by a comma, and the words “and concerning legal redress for excessive length of
court proceedings (section 128b)” shall be inserted after the words “(section 128a)”.
Article 18
Amendment of the Design Act
Section 23 of the Design Act of 12 March 2004 (Federal Law Gazette I p. 390), last
amended by Article 6 of the Act of 31 July 2009 (Federal Law Gazette I p. 2521), shall be
amended as follows:
25
1.
In subsection (1), fourth sentence, the words “sections 124, 126 to 128” shall be
replaced by the words “sections 124, 126 to 128a”.
2.
In subsection (2), third sentence, the words “sections 124, 126 to 128” shall be
replaced by the words “sections 124, 126 to 128b”.
3.
In subsection (3), second sentence, the words “as well as section 124” shall be
replaced by the words “as well as sections 124 and 128b”.
Article 19
Amendment of the Military Complaints Code
The following sentence shall be added to section 23a subsection (2) of the Military
Complaints Code in the version published on 22 January 2009 (Federal Law Gazette I p. 81):
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Panels for Military Affairs at the Federal
Administrative Court shall be intended in lieu of the Federal Court of Justice and that the
Code of Administrative Court Procedure shall be intended in lieu of the Civil Procedure
Code.”
Article 20
Amendment of the Military Disciplinary Code
The following sentence shall be added to section 91 subsection (1) of the Military
Disciplinary Code of 16 August 2001 (Federal Law Gazette I p. 2093), last amended by
Article 6 of the Act of 14 November 2011 (Federal Law Gazette I p. 2219):
“The provisions of the Seventeenth Title of the Courts Constitution Act shall be applied
mutatis mutandis, subject to the proviso that the Panels for Military Affairs at the Federal
Administrative Court shall be intended in lieu of the Federal Court of Justice and that the
Code of Administrative Court Procedure shall be intended in lieu of the Civil Procedure Code;
however, the aforesaid provisions shall not be applied to proceedings conducted by the
Disciplinary Attorney for the Armed Forces prior to submission of the Bill of Accusation
(Anschuldigungsschrift) to the Services Court (Truppendienstgericht ).”
26
Article 21
Amendment of the Act against Restraint of Competition
The Act against Restraint of Competition in the version published on 15 July 2005
(Federal Law Gazette I p. 2114; 2009 I p. 3850), last amended by Article 3 of the Act of 26
July 2011 (Federal law Gazette I p. 1554), shall be amended as follows:
1.
In the Table of Contents the words “and legal redress for excessive length of
court proceedings” shall be added to the word appearing in conjunction with the
Third Part.
2.
The words “and legal redress for excessive length of court proceedings” shall be
added to the title of the Third Part.
3.
Section 73 shall be amended as follows:
a)
In the part of the sentence preceding number 1 the words “In
proceedings before the court seized of a complaint” shall be replaced
by the words “In respect of proceedings before the court seized of a
complaint”.
b)
In number 1 the words “sections 169 to 197” shall be replaced by the
words “sections 169 to 201” and the words “deliberations and voting”
shall be replaced by the words “deliberations and voting as well as
concerning legal redress for excessive length of court proceedings”.
4.
In section 75 subsection (4), first sentence, the words “sections 192 to 197”
shall be replaced by the words “sections 192 to 201” and the words
“deliberations and voting” shall be replaced by the words “deliberations and
voting as well as concerning legal redress for excessive length of court
proceedings”.
Article 22
Amendment of the Energy Industry Act
The Energy Industry Act of 7 July 2005 (Federal Law Gazette I p. 1970, 3621), last
amended by Article 2 of the Act of 28 July 2011 (Federal Law Gazette I p. 1690), shall be
amended as follows:
27
1.
In the Table of Contents the words “and legal redress for excessive length of
court proceedings” shall be added to the word appearing in conjunction with Part
8.
2.
The words “and legal redress for excessive length of court proceedings” shall be
added to the title of Part 8.
3.
Section 85 shall be amended as follows:
a)
In the part of the sentence preceding number 1 the words “In proceedings
before the court seized of a complaint” shall be replaced by the words “In
respect of proceedings before the court seized of a complaint”.
b)
In number 1 the words “sections 169 to 197” shall be replaced by the words
“sections 169 to 201” and the words “deliberations and voting” shall be replaced
by the words “deliberations and voting as well as concerning legal redress for
excessive length of court proceedings”.
4.
In section 87 subsection (4), first sentence, the words “sections 192 to 197” shall
be replaced by the words “sections 192 to 201” and the words “deliberations and
voting” shall be replaced by the words “deliberations and voting as well as
concerning legal redress for excessive length of court proceedings”.
Article 23
Transitional provision
This Act shall also apply to proceedings already pending upon its entry into force as well
as to concluded cases whose length, upon its entry into force, has or can still become the
subject-matter of an application to the European Court of Human Rights. Section 198
subsection (3) shall be applicable to pending proceedings that were already delayed upon
entry into force of this Act, subject to the proviso the censure of delay must be filed without
delay after entry into force. In the latter case, the censure of delay shall sustain a claim under
section 198 of the Courts Constitution Act in respect of the preceding period as well. Where
during pending proceedings the delay has occurred at an instance already concluded, there
shall be no need for a censure of delay. Section 198 subsections (3) and (5) of the Courts
Constitution Act shall not be applied to concluded cases pursuant to the first sentence. In
concluded cases a court action to enforce a claim under section 198 subsection (1) of the
Courts Constitution Act can immediately be brought and must, at the latest, be brought on 3
June 2012.
28
Article 24
Entry into force
This Act shall enter into force on the day after its promulgation.