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Member State case law - Germany

The language version you are now viewing is currently being prepared by our translators.
Please note that the following languages: German have already been translated.

This page provides you with an overview of case law in Germany.


Case-law made available on a website

Presentation of decisions / Headlines

Supreme courts

Other courts

Case-law presented with headlines

Federal Supreme Court of Justice:

No

Federal Administrative Court:

Yes, in special judgements

Federal Finance Court:

Yes

Federal Labour Court:

Yes

Federal Social Court:

Yes

Federal Patents Court:

No


Important judgements of the Federal Administrative Court have headlines as titles, which helps the user to identify them easily.

Judgements of the Federal Finance Court have a kind of headline, giving the core thrust of the judgment.

Judgements of the Federal Labour Court show the division, date and reference number.

Example of headline/s

In the Federal Administrative Court: declaring the costs of potency-enhancing medicines ineligible for support contravenes Art. 3(1) of the Basic Law.

In the Federal Finance Court: no reduced tax rate for management and administrative services of a registered company for affiliated associations of members – scope of §68(2)(b) Fiscal Code – competition within the meaning of §65(3) of the Fiscal Code.

In the Federal Labour Court: 10., 11.2.2009, 10 AZR 222/08, special payment – with reference to a unilateral set of rules of employers – subject to modification.

Formats

Supreme courts

Other courts

document

metadata

document

metadata

What formats are used?

Federal Supreme Court of Justice:

pdf

Federal Administrative Court:

html

Federal Finance Court:

html

Federal Labour Court:

x html 1

Federal Supreme Court of Justice:

pdf

Federal Administrative Court:

pdf

Federal Finance Court:

html

Federal Patents Court:

pdf

Federal Patents Court:

none


Further proceedings

Supreme courts

Other courts

Is information available on appeals?

Federal Supreme Court of Justice: no

Federal Administrative Court: Yes

Federal Labour Court: no

Federal Social Court: no

Federal Patents Court: no

on whether a case is still pending?

Federal Supreme Court of Justice: no

Federal Administrative Court: no

Federal Finance Court: yes

Federal Labour Court: no

Federal Social Court: no

Federal Patents Court: no

on the results of appeals?

Federal Supreme Court of Justice: no

Federal Administrative Court: yes

Federal Finance Court: yes

Federal Labour Court: no

Federal Social Court: no

Federal Patents Court: no

as to the irrevocability of the decision?

Federal Supreme Court of Justice: yes

Federal Administrative Court: no

Federal Finance Court: no

Federal Labour Court: no

Federal Social Court: no

Federal Patents Court: no

as to further proceedings before another internal court (Constitutional court…)?

the European Court of Justice?

the Court of Human Rights?

Federal Supreme Court of Justice: no

Federal Administrative Court:

no

Federal Finance Court:

yes

Federal Labour Court:

yes

Federal Social Court:

no

Federal Supreme Court of Justice:

no

Federal Administrative Court:

yes, in some cases

Federal Finance Court:

yes

Federal Labour Court:

yes

Federal Social Court:

no

Federal Supreme Court of Justice:

no

Federal Administrative Court:

no

Federal Finance Court:

Federal Social Court:

no

Federal Patents Court: no

Federal Patents Court:

no

Federal Patents Court:

no


The Federal Patents Court communicates this information only when it is quoted in the complete text of the judgement.

The Federal Administrative Court publishes preliminary ruling proceedings before the European Court of Justice on the Internet.

Publication rules

At the national level?

At the level of courts?

Are there binding rules for the publication of case‑law?

Federal Supreme Court of Justice: no

Federal Patents Court: no

Federal Administrative Court: yes

Federal Labour Court: no

Federal Patents Court: no

Federal Administrative Court: yes

Federal Finance Court: yes

Federal Labour Court: yes


For the Federal Administrative Court, rules are laid down in §55 of the Rules of the Administrative Court in conjunction with §§169 and 173 of the Law on Constitution of Courts and §1 of the Law on Freedom of Information.

For the Federal Finance Court, the principle of equal treatment generally applies; i.e. the Federal Finance Court must take into consideration the right of the press to equal treatment of the media. Accordingly, a release date applies to Federal Finance Court judgements. On that date, the press is informed about judgements, judgements are published on the Internet and judgment subscriptions are honoured, etc.

Supreme Courts

Other courts

Is full case law published or only a selection?

Federal Supreme Court of Justice:

only a selection

Federal Administrative Court:

only a selection

Federal Finance Court:

only a selection

Federal Labour Court:

full publication

Federal Social Court:

full publication

Federal Patents Court:

full publication

If a selection is done, what are the criteria applied?

Federal Supreme Court of Justice:

all judgments with grounds

(‘opinions’)

Federal Administrative Court:

yes, in the case of fundamental judgments

Federal Finance Court:

All judgments of the Federal Finance Court are on the internet and are also published in the juris database: i.e. all judgments whose substance merits documentation (no information on, for example, judgements not accompanied by grounds)

Judgements remain accessible on the internet for a period of 4 years. They are then deleted.

The Federal Finance Court also provides for electronic despatch (individual judgments can be ordered using the specific reference number.


For the Federal Social Court, a selection of published judgments is published in full.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 26/11/2012