The Courts of Law in the Federal Republic of Germany 1) Information correct as of April 2005

FEDERAL CONSTITUTIONAL COURT 2 Panels 2 (8 judges each) Constitutional Courts of the States

Joint Panel of the highest Federal courts 3)

Federal Court of Justice United Grand P anels 3) Federal Administrative Federal Finance Court Federal Labour Court Federal Social Court Court Grand Panel 3) 3) for Civil Matters Grand Pan el for Grand Panel 3) 3) 3) 3) Grand Panel Grand Panel Grand Panel Criminal Matters Civil Panels (5 judges each) Criminal Panels Panels Panels Panels Panels Federal Patents 5 judges each 5 judges each 5 judges each 3 judges and 3 judges and 2 honorary judges 2 honorary judges Court

Appellate Panels Nullity Panels 3 or 4 judges each 3 or 5 judges each 4)

Higher Regional Court

Appellate Instance on Appellate Instance on Appellate Instance on First Instance Appellate Instance on Law only Higher Finance Court Higher Labour Court Higher Social Court Fact and Law Fact and Law Fact and Law Administrative Court

Criminal Divisions Criminal Divisions 8) / 9) Divisions Divisions Divisions Divisions 3/5 judges 3 judges Civil Divisions cases with a foreign Family Divisions 3 judges or 1 judge 10) connection 3 judges or 1 judge 10) 10) 3 judges or 1 judge 3 or 5 judges 5) 3 judges or 1 judge 10 ) 1 judge and 3 judges and and 2 honorary judges 2 honorary judges 2 honorary judges

Regional Court

First Instance Appellate Instance on Fact and Law 8) First Instance Appellate Instance Appellate First on Fact and Law Instance on Instance Civil Divisions Co mmercial Civil Commercial Grand Criminal Small Small Fact and Law Divisions Divisions Divisions Divisions Criminal Juvenile Grand Juvenile Divisions Divisions Divisions

6) 8 7 primarily 1 judge 1 judge 3 judges or 2 / 3 judges ) and 1 judge ) and 1 judge and 2 / 3 judges 8) and 10) or 3 judges 2 honorary judges 1 judge 1 judge 2 lay judges 2 lay judges 2 lay judges 2 lay judges Administrative Court Labour Court Social Court 2 honorary judges Divisions Divisions Divisions

3 judges or 1 judge 11 ) 1 judge and 1 judge and and 2 honorary judges 2 honorary judges Local Court 2 honorary judges

Default Execution Non - First Instance First Instance First Instance First Instance First Instance Court Court Contentious Notes: Administrative Fiscal Labour Social Matters 1) The following are not included; the legal remedy of complaint, under ordinary jurisdiction the agricultural courts, Trial Court Family Court Criminal Juvenile Juvenile jurisdiction jurisdiction jurisdiction jurisdiction Full Bench Extended the merchant shipping courts and the Bavarian State Supreme Court; under criminal jurisdiction the activity of the Court Court Bench Court judge judge criminal divisions with jurisdiction over the execution of sentences. In non-contentious matters and in the law 1 judicial 1 judicial 1 judicial governing civil execution a complaint to the Regional Court replaces an appeal on fact and law, and a legal complaint administration administration administration 1 judge 1 judge officer officer officer 1 judge 1 judge 1 judge and 2 judges and 1 judge and to the Higher Regional Court replaces an appeal on law only. or or 2 lay judges 2 lay judges 2 lay judges 2) Both panels appoint various chambers with three members each for a term of one business year, (Section 15a subsection 1 1 judge 1 judge Federal Constitutional Court Act). There are currently three chambers per panel. The chambers are vested with decision-making authority in the areas of review of specific laws (Section 81 a Federal Constitutional Court Act) and constitutional complaints (Section 93b et seqq. Federal Constitutional Court Act). 3) Decides only in exceptional cases; composition will depend on the relevant number of Panels. 4) Composition is governed by jurisdiction (lawyers and technical experts). Civil jurisdiction Criminal jurisdiction 5) Composition – in some of the Länder with 2 honorary judges as well – is regulated by Land law. 6) Decision given principally by a judge sitting alone; exceptions in Sections 348, 348a Civil Procedure Code. In complex Ordinary jurisdiction cases and in cases of fundamental importance the decision will be given by the full Civil Division 7) In cases of an appeal on fact and law against judgment by the extended bench a second professional judge must be brought in. 8) Composition depends on the scale and complexity of the case. Legend: 9) Land legislation may stipulate that the HRC shall have jurisdiction over all appeals on fact and law and over The arrows indicate the following legal remedies: complaints filed in respect of Local Court decisions. 10) Panels and Civil Divisions may transfer cases that are not particularly complex and not of fundamental importance appeal on fact and law appeal or complaint on points of law only immediate appeal on law only in lieu of an appeal on to a judge sitting alone if the contested decision was given by a judge sitting alone and there has not already been a fact and law trial on the merits. The composition of the criminal courts as stated applies only to the main court hearing. 11) The decision will be given by a judge sitting alone in cases that are not particularly complex or of fundamental