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Part 3 · Proceedings  ›  Chapter 5 · Common Provisions › Section 94

Cartel Panel of the Federal Court of Justice

(1) The Federal Court of Justice shall establish a cartel panel; it shall decide in the first and last instance on the decisions of the Bundeskartellamt specified in Section 73(5) and on the following legal remedies:

1.  in administrative matters, on appeals on points of law against decisions of the higher regional courts (Sections 77, 79, 80) and on appeals against the refusal to grant leave to appeal (Section 78);

2.  in proceedings concerning administrative fines, on appeals on points of law against decisions of the higher regional courts (Section 84);

3.  in civil actions pursuant to Section 87

a)  on appeals on points of law against final judgments of the higher regional courts including appeals against the refusal to grant leave to appeal,

b)  on leap-frog appeals against final judgments of the regional courts,

c)  on appeals on points of law against decisions of the higher regional courts in the cases under Section 574(1) of the German Code of Civil Procedure;

4.  in representative actions under the Consumer Rights Enforcement Act concerning claims and legal relationships in the civil actions listed in Section 87,

a)  on appeals against judgements of the higher regional courts and

b)  on appeals on points of law against decisions of the higher regional courts in the cases specified in Section 574(1) of the Code of Civil Procedure.

(2) In proceedings concerning administrative fines, the cartel panel shall constitute a criminal panel within the meaning of Section 132 of the German Courts Constitution Act, in all other matters it shall constitute a civil panel.

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