Gesetz über Ordnungswidrigkeiten OWiG (Deutschland) (German Edition)

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Fee amount or fee rate pursuant to section 13 of the Law on the Remuneration of Attorneys. The fee shall not be incurred if the agreement is exclusively limited to an acknowledgement or a waiver. If a contract, in particular concerning maintenance, is concluded with regard to the proceedings specified in the first sentence, the value of these proceedings shall not be taken into account in calculating the fee.

In cases involving children, subsection 1, first and second sentences is also to be applied mutatis mutandis to assistance with an agreement concerning a matter which cannot be treated as a subject of disposal under a contract. The fee shall be incurred for assistance with reconciliation if a spouse seriously intended to bring divorce proceedings or proceedings for the annulment of a marriage and the spouses continue or resume the marital relationship.

This shall apply to civil unions mutatis mutandis. The same applies when a case is entirely or partly settled by means of the issue of a previously rejected administrative act. Notification of a claim to model proceedings pursuant to the Capital Market Investors' Model Proceedings Act shall be considered equal to pending court proceedings.

Proceedings before a court-appointed enforcement officer shall be considered equal to court proceedings.

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Appeal proceedings or appeal proceedings on points of law concerning the subject, proceedings concerning a complaint against the non-admission of one of these legal remedies or proceedings before the appellate court concerning the admissibility of the appellate remedy are pending:. Agreement or settlement in administrative proceedings in social law matters in which capped sliding-scale fees are incurred in court proceedings section 3 of the Law on the Remuneration of Attorneys :.

If court proceedings are pending on a matter, the fee shall be determined according to no. What is decisive for the amount of the fee is the maximum general fee incurred, disregarding an increase pursuant to no. If the attorney is only entitled to a fee pursuant to section 34 of the Law on the Remuneration of Attorneys, the fee shall be half of the amount specified in the note on no.

What is decisive for the amount of the fee is the procedural fee determined in the individual case in the matter in which the agreement is reached. An increase pursuant to no. The procedural or general fee shall increase for each further person by The fee can be deducted from the amount paid to the client. Additional fee for particularly extensive gathering of evidence in matters where the fees are based on part 3 and there are at least three court hearings at which experts or witnesses are heard The fee shall be incurred for the additional work involved in the particularly extensive gathering of evidence.

Part 2 Out-of-court activities including representation in administrative proceedings. For activity as a counsel for a witness or as an expert before a parliamentary enquete commission, the same fees shall be incurred as for the respective counsel services in criminal proceedings of first instance before a higher regional court. Examination of the prospect of success of an appellate remedy.

Fee for the examination of the prospect of success of an appellate remedy, unless otherwise determined in no.

The examination of the prospect of success of an appellate remedy involves the preparation of a written expert opinion:. Fee for the examination of the prospect of success of an appellate remedy in social law matters in which capped sliding-scale fees are incurred in the court proceedings section 3 of the Law on the Remuneration of Attorneys , and in matters for which capped sliding-scale fees are incurred pursuant to parts 4 to In assessing a further general fee on a scale, it shall not be taken into account that the scope of the activity was smaller on account of previous activity.

In the case of an ad valorem fee, the setting-off shall be done according to the value of the matter in dispute, which is also the matter in dispute in the further proceedings. Subsection 4, fourth sentence shall apply mutatis mutandis. General fee, unless otherwise determined in nos. Simple documents are documents containing neither complex legal arguments nor major substantial discussions.

Within the context of advisory assistance, fees shall be incurred exclusively in accordance with this division. A quarter of this fee shall be set off against the fees for proceedings for a declaration of enforceability of a settlement pursuant to sections a, b and c 2 , second sentence of the Code of Civil Procedure. Part 3 Civil matters, proceedings under public-law jurisdictions, proceedings under the Prison Act, also in conjunction with section 92 of the Juvenile Courts Act, and similar proceedings.

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A counsel for a witness or an expert shall receive the same fees as a legal representative in the proceedings. However, it shall not be incurred for attending a court hearing only for the announcement of a decision. The fee for out-of-court appointments and meetings shall be incurred for. If several fees have been incurred, the last fee incurred shall be decisive for the amount to be set off.

In the case of capped sliding-scale fees, it shall not be taken into account that the scope of the activity in the court proceedings is smaller as a result of the previous activity. In the case of a value-based fee, the amount to be set off shall be calculated according to the value of the matter in dispute that is also the subject of the court proceedings.

If the mandate ends before the attorney has lodged an action, submitted an application initiating proceedings or a brief containing factual applications or presentations of facts, or the withdrawal of the action or the application, or before attending a court hearing;. Procedural fee for proceedings before the social courts in which capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys.

Attending only a hearing at which a party or participant failed to appear or was not properly represented and only an application was filed for a default judgment, a default decision or regarding the direction, or the direction in substance, of the course of proceedings Prozessleitung , Verfahrensleitung or Sachleitung :.

Hearing fee in proceedings before the social courts in which capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys. Appeal, appeal on points of law, certain complaints and proceedings before a finance court.


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This shall apply mutatis mutandis to interim order proceedings and proceedings for ordering or restoring a suspensive effect, for suspending or repealing an enforcement, or for ordering immediate enforcement of an administrative act. Appeals, certain complaints and proceedings before the finance court. Insofar as the total amount of procedural fees incurred according to section 15 3 of the Law on the Remuneration of Attorneys exceeds fee in cases under no.

Attending only a hearing at which a party or participant failed to appear or was not properly represented in appeal proceedings the appellant and in complaint proceedings the claimant and only an application was filed for a default judgment, default decision or regarding the direction or the direction in substance of the course of proceedings:.

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Procedural fee for proceedings before the regional social courts in which capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys Hearing fee in proceedings before the regional social courts in which sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys The first sentence, 1 and 3 of the note on no. Appeal on points of law, certain complaints and complaints on points of law.

Parties or participants can only be represented in the proceedings by an attorney authorised to appear in the Federal Court of Justice:. Premature termination of the mandate if the parties or participants can only be represented by an attorney authorised to appear in the Federal Court of Justice:. Subsection 1 1 and 3 and subsections 2 and 3 of the note on no.

Attending only a hearing at which a claimant lodging an appeal on points of law or a claimant is not properly represented and an application is only filed for a default judgment, a default decision or regarding the direction or the direction in substance of the course of proceedings.

Procedural fee for proceedings before the Federal Social Court in which capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys Hearing fee in proceedings before the Federal Social Court in which capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys. The note on no. Termination of the mandate before the attorney has submitted an application initiating proceedings or a brief containing factual applications, presentations of facts, or the withdrawal of the application:.

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Procedural fee for representation of the applicant in proceedings on the application for the issue of an enforcement decision The fee shall be incurred in addition to fee only if no objection is filed within the period for filing an objection or the objection has been limited under section a 2 4 of the Code of Civil Procedure.

The fee shall be incurred for participation in a court hearing, a hearing to provide information on financial status or to record an affidavit. The fee shall only be incurred for attending an auction appointment for a participant. In all other cases, no hearing fee shall be incurred in compulsory auction and compulsory administration proceedings. Procedural fee for representation of the debtor in opening proceedings. The fee shall also be incurred in distribution proceedings pursuant to the Distribution Ordinance under Shipping Laws. Procedural fee for representing a creditor in the opening proceedings Procedural fee for proceedings concerning an insolvency plan Representation of a debtor who has submitted a plan: Procedural fee shall be Procedural fee for proceedings concerning a petition for refusal or revocation of discharge of residual debt.

Procedural fee for proceedings on petitions for authorisation of compulsory enforcement pursuant to section 17 4 of the Distribution Ordinance under Shipping Laws Procedural fee for proceedings on petitions for suspension of enforcement measures section 8 5 and section 41 of the Distribution Ordinance under Shipping Laws The hearing fee shall be determined pursuant to division 1 unless otherwise determined in this subdivision. In proceedings concerning assistance with court costs, the hearing fee shall be determined according to the provisions applying to the proceedings for which the application for assistance with court costs is being filed.

Procedural fee for proceedings pursuant to section 1 and 2 , sections a and 6 of the [German] Stock Corporation Act Aktiengesetz — AktG , also in conjunction with section e 2 of the said Act or pursuant to Section 16 3 of the [German] Transformation Act Umwandlungsgesetz — UmwG Procedural fee for proceedings before the labour courts if the activity is limited to a court decision concerning setting a deadline section 3 of the Labour Courts Act , the recusal of an arbitrator section 3 of the Labour Courts Act or taking evidence or administering an oath section 2 of the Labour Courts Act.

Procedural fee for proceedings concerning the provisional stay, limitation or suspension of compulsory enforcement or the temporary stay or limitation of enforcement and an order for the suspension of enforcement measures The fee shall be incurred only if a separate hearing for oral argument or a special court hearing takes place for this purpose.

If the petition is filed with the court of enforcement and with the trial court, the fee shall be incurred only once. Procedural fee for proceedings for a declaration of enforceability of uncontested parts of a judgment sections and of the Code of Civil Procedure. Procedural fee for proceedings concerning an objection filed on account of a violation of the right to be given an effective and fair legal hearing Hearing fee in proceedings concerning an objection filed on account of a violation of the right to be given an effective and fair legal hearing Procedural fee for distribution proceedings other than compulsory auction and compulsory administration The value shall be determined pursuant to section 26 1 and 2 of the Law on the Remuneration of Attorneys.

An appointment fee shall not be incurred. Procedural fee for proceedings before the trial court or the local court for the approval, extension or shortening of a clearance period sections and a of the Code of Civil Procedure if the proceedings are not consolidated with the main proceedings Procedural fee for proceedings concerning assistance with court costs ……………. Procedural fee for an activity as a representative of the person notifying a claim under model claims proceedings section 10 2 of the Capital Market Investors' Model Proceedings Act A hearing fee shall only be incurred for activities specified in this division if this is expressly determined.

Ordnungswidrigkeiten werden vom Amtsgericht Stuttgart ohne Geltungsbereich verurteilt - § 5 OWiG

The mandate is limited to carrying out the correspondence of the party or participant with the legal representative in the proceedings:. The same fee shall also be incurred if, in agreement with the client, statements by experts are associated with the sending of the files to the attorney at the higher level of jurisdiction.

The mandate is limited to representation at an appointment within the meaning of preliminary note 3 3 :.

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The amount of the hearing fee to which the legal representative in the proceedings is entitled. The fee shall be incurred for other activities in court proceedings if the attorney has not been appointed attorney of record or legal representative in the proceedings unless otherwise determined in this division.

This fee shall be incurred in particular if the document contains neither complex legal arguments nor major substantial discussions. Procedural fee for other individual activities in proceedings before social courts if capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys The fees pursuant to this division shall not be incurred in the complaint proceedings specified in preliminary notes 3.

Procedural fee for proceedings concerning complaints and reminders serving as a legal remedy unless special fees are determined in this division Procedural fee for proceedings before the courts of social jurisdiction concerning complaints and reminders serving as a legal remedy if capped sliding-scale fees are incurred in the proceedings section 3 of the Law on the Remuneration of Attorneys unless special fees are determined in this division Procedural fee for proceedings concerning a complaint against the non-admission of an appeal, unless otherwise determined in no. Procedural fee for proceedings concerning a complaint against the non-admission of an appeal on points of law or concerning a complaint against the non-admission of one of the complaints on points of law specified in preliminary note 3.

The fee shall be set off against the procedural fee for subsequent proceedings concerning an appeal on points of law or a complaint on points of law. In proceedings concerning a complaint against the non-admission of an appeal on points of law, the parties can only be represented by an attorney who has been admitted to the Federal Court of Justice:. Premature termination of the mandate if the parties can only be represented by an attorney who has been admitted to the Federal Court of Justice:.

Procedural fee for proceedings concerning a complaint against the non-admission of an appeal before a regional social court if capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys Procedural fee for proceedings concerning a complaint against the non-admission of an appeal on points of law before the Federal Social Court if capped sliding-scale fees are incurred section 3 of the Law on the Remuneration of Attorneys The fee shall be set off against the procedural fee for subsequent proceedings concerning an appeal on points of law.

In proceedings concerning a complaint against the dismissal of a petition for the issue of a writ of seizure or of a petition for the issue of an injunction, the court hearing the complaint shall set a date for a hearing for oral argument:. Hearing fee in the proceedings specified in nos. Fee amount or fee rate pursuant to section 13 or section 49 of the Law on the Remuneration of Attorneys.

These provisions are to be applied mutatis mutandis to an activity as a counsel or representative of a private prosecutor, private accessory prosecutor, participant in forfeiture proceedings or secondary participant, aggrieved party, witness or expert as well as in proceedings pursuant to the [German] Criminal Rehabilitation Act Strafrechtliches Rehabilitierungsgesetz — StrRehaG.

The attorney shall also receive the hearing fee if he is present at the appointed time but the hearing does not take place for reasons for which he is not responsible. This does not apply if he was informed in good time of the cancellation or rescheduling of the hearing.

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This also includes activities within the context of offender-victim mediation insofar as the subject is not related to property rights. Several hearings on one day shall be deemed to be one hearing. The fee shall be incurred once for participation in up to three hearings within preparatory proceedings and for participation in up to three hearings at each level of jurisdiction.


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The preparation of a private prosecution shall be considered equal to activity in preparatory proceedings.

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