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Book 3 · Commercial records  ›  Title 2 · Coercive fines › Section 335a

Complaint against the imposition of a coercive fine; complaint on points of law; power to issue statutory instruments

(1) Unless otherwise provided for in sentence 2 or in the subsections below, a complaint may be lodged in accordance with the provisions of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction against the decision by which the coercive fine is imposed or by which the opposition is rejected or the request for restoration of the status quo ante is refused, and also may be lodged against the decision pursuant to section 335 (3) sentence 5. The complaint will have suspensive effect if its subject matter is the imposition of a fine.

(2) The complaint is to be lodged within a time limit of two weeks; the regional court having jurisdiction at the seat of the Federal Office of Justice decides on the complaint. In order to avoid any significant backlogs of proceedings or in order to balance out an excessive case load, the Land government of that Land in which the Federal Office of Justice maintains its seat is authorised to transfer by statutory instrument to some other regional court or to further regional courts the power to take the decision on the appellate remedies pursuant to sentence 1. The Land government may transfer this power to the Land department of justice. Where a commercial division is instituted at the regional court, this division takes the stead of the civil division. Where the civil division takes the decision on the complaint, sections 348 and 348a of the Code of Civil Procedure apply accordingly; the chairperson rules on a complaint pending with the commercial division. The regional court may determine at its equitably exercised discretion that the treasury is to reimburse the parties involved, either fully or in part, for the out-of-court costs necessary in order to bring the appropriate action. Sentence 6 applies accordingly where the Federal Office of Justice grants the relief sought by the complaint. Section 91 (1) sentence 2 and sections 103 to 107 of the Code of Civil Procedure apply accordingly. Section 335 (2) sentence 3 applies.

(3) A complaint on points of law may be lodged against the ruling handed down on the complaint, provided the regional court has admitted it. Unless otherwise provided for in this subsection, the provisions of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction apply accordingly to the complaint on points of law. The higher regional court having jurisdiction for the seat of the regional court decides on the complaint on points of law. The Federal Office of Justice likewise is entitled to file a complaint on points of law; this complaint also can be admitted against a restoration of the status quo ante granted by the regional court regarding the six-week time period defined in section 335 (4) sentence 1 for the fulfilment of the statutory duty to make disclosures. In proceedings before the higher regional court, the parties involved must be represented by a lawyer; this does not apply to the Federal Office of Justice. Subsection (1) sentence 2 and subsection (2) sentences 6 and 8 apply accordingly.

(4) The following provisions are to be applied accordingly to the electronic maintenance of files by the court and the communications with the court pursuant to subsections (1) to (3):

1.  section 110a (1) sentence 1 and section 110c of the Act on Regulatory Offences as well as

2.  section 110a (1) sentences 2 and 3, (2) sentence 1 and section 134 sentence 1 of the Act on Regulatory Offences, with the proviso that the Land government of the Land in which the Federal Office of Justice has its seat issues the statutory instrument and can transfer the powers by statutory instrument to the Land department of justice.

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