Difference between cost audit and financial audit

Disposal of costs (KostVfg)



Announcement of the new version of the cost ruling

6 March 2014





Reference: BAnz AT 04/07/2014 B1

Changed by administrative regulation of 08/10/2015 (BAnz AT 08/25/2015 B1)



According to the decree of the Federal Ministry of Justice and Consumer Protection dated March 6, 2014 (Az .: RB5 - 5607 - R3 131/2014), the presidents of the Federal Court of Justice, the Federal Administrative Court, the Federal Fiscal Court, the Federal Patent Court and the Federal Office for Justice as well as the Federal Public Prosecutor General at the Federal Court of Justice to apply the uniform federal provisions of the cost disposition as well as the additional provisions issued for this in the following version (annex) from April 1, 2014 accordingly.



This announcement follows the announcement of the change and the new version of the cost decree of August 26, 2009 (BAnz. P. 3245).





Berlin, March 6, 2014

RB5 - 5607 - R3 131/2014





Federal Ministry

justice and consumer protection



On behalf

Klaus Otto





investment





Disposal of costs

(KostVfg)



Part 1
Uniform federal regulations





The Federal Ministry of Justice and Consumer Protection and the state justice administrations have agreed the following nationwide revision of the cost ruling (KostVfg).



Contents overview



Part 1
General provisions

§ 1

Cost officer

§ 2

Obligations of the cost officer in general

§ 3

Involvement of the body keeping the files



Section 2
Cost estimate

§ 4

Concept and subject

§ 5

Jurisdiction

§ 6

Cost estimate for referral of a legal dispute to a court in another country

§ 7

Requirements for the cost approach and determination of the cost debtors in general

§ 8

Joint and several costs

§ 9

Costs for the approval of legal aid or procedural cost aid

§ 10

Inability of the cost debtor in other cases

§ 11

Failure to collect expenses

§ 12

Refrain from appraisals

§ 13

Cost estimate for subject-specific limited exemption from fees

§ 14

Detention costs

§ 15

Time of the cost approach in general

§ 16

Time of cost estimate in special cases

§ 17

Use of tax values

§ 18

Charge rate when several properties are debited at the same time

§ 19

Bailiff costs

§ 20

Cost hedging

§ 21

Securing the costs (Section 3 GNotKG)

§ 22

Annual advances in administrative administrative proceedings

§ 23

Right of retention

§ 24

Cost accounting

§ 25

Request for costs with debit position

§ 26

Request for costs without debit position



Section 3
Further duties of the cost officer

§ 27

Handling of requests and communications from the enforcement authority

§ 28

Correction of the cost estimate

§ 29

Subsequent change to the cost claim

§ 30

Subsequent change in cost liability

§ 31

Objection of the statute of limitations

§ 32

Funds in transit



Section 4
Change of claims

§ 33

Change of claims



Section 5
Cost review

§ 34

Supervision of the cost approach

§ 35

Cost auditor

§ 36

Correction of the cost estimate in the administrative channel

§ 37

Failure to collect costs

§ 38

Memories and complaints from the treasury

§ 39

Special examination of the cost estimate

§ 40

Duties and Powers of the Examiner

§ 41

Scope of the cost review

§ 42

Cost review procedure

§ 43

Complaints

§ 44

Record of the cost review



§ 45

Annual reports

Section 6
Judicial administration costs

§ 46

Decisions according to the Justice Administration Costs Act

§ 47

Continuous procurement of prints from the debtor register



Section 7
Notary fees

§ 48

Objections to the cost calculation







Part 1
General provisions



§ 1
Cost officer



The duties of the cost officer are carried out according to the general orders issued above by the officials of the higher or middle legal service or comparable employees.



§ 2
Obligations of the cost officer in general



(1) The cost officer is responsible for the fulfillment of the tasks assigned to him, in particular for the timely, correct and complete accounting of the costs.



(2) At the same time as drawing up the final cost account, the cost officer certifies that the costs have been fully recognized on the files (sheet collections), naming the sheets checked and specifying the date and official title. In the case of basic files, register files, guardianship files, care files and similar files that are regularly kept for several chargeable matters, the certification is issued for each individual matter. The certificate must also be issued if the right to collect small amounts is reserved.



§ 3
Involvement of the body keeping the files



(1) The record-keeping body is responsible for ensuring that the costs can be set in good time. If it is not responsible for the cost estimate itself, it submits the files to the cost officer in particular,



1.
if a final judicial decision has been made,


2.
if the files are received by the court as a result of an objection to the enforcement order,


3.
if a lawsuit is expanded or a counterclaim is raised or the amount in dispute increases in some other way,


4.
if the witness and expert advances paid are insufficient to cover the claims that have arisen,


5.
if the files come back from an appeal,


6.
if a written or electronic notification of an incoming payment (notification of payment) or a document with the imprint of a court fee stamp is received, unless the incoming payment relates to an advance demanded according to § 26,


7.
if a notification of the write-down of costs or the lifting of the write-down is received,


8.
if a notification of the waiver or partial waiver of costs is received,


9.
if for other reasons there are doubts as to whether costs or advances should be calculated.


The submission must be noted briefly in the files, stating the day.



(2) The body keeping the files must note in the files in a conspicuous manner all expenses incurred in the matter to be collected by the cost debtor, unless a calculation is found in the files.



(3) In civil proceedings, criminal proceedings, fines, insolvency, foreclosure and compulsory administration proceedings, in family and civil partnership matters, in guardianship, care and custody matters, in estate matters and in labor, financial, social and administrative court matters In the procedure, all cost accounts, complaints from the cost auditing officers and notices of payment as well as notifications about the cancellation of costs, the cancellation of the cancellation or the (partial) decree, must be filed in front of the first file or placed loosely in a briefcase to be attached there or, if the files are not permitted must be kept loosely under the file envelope. The same can also be done in other proceedings if this appears expedient, especially if the files are extensive. If an enforcement record is created, the cost invoices, complaints, payment notices and messages must be kept in this accordingly (cf. § 16 Paragraph 2 StVollstrO). If it is necessary to add page numbers to the documents stapled or stored in front of the first file, Roman numerals must be used.



(4) The body keeping the files must continuously designate the sheets on the file envelope or on a cost sheet,



1.
on which there are prints of court fee stamps, file printouts in accordance with Section 696, Paragraph 2, Clause 1 of the German Code of Civil Procedure with court cost invoices or notes about them,


2.
from which it emerges that advances to debit (Section 25) have been made or have been paid in without prior debit position (Section 26),


3.
on which there are cost invoices, payment notices, notifications about the cancellation of costs or the lifting of the cancellation as well as notifications about the (partial) waiver of costs or the order for their non-collection (§ 21 GKG, § 20 FamGKG, § 21 GNotKG), which are not filed or kept in accordance with paragraph 3,


4.
on which small amounts are noted, the collection or payment of which is reserved for the time being in accordance with the provisions enacted on the treatment of such amounts.


(5) The record-keeping body forwards the files and collections of papers to the cost officer before they are put away. This checks whether the calculated costs are either set to the debit or the receipt of payment is proven. He certifies this check on the files (sheet collections), naming the last record sheet and specifying the date and official title. The certificate must also be issued if the right to collect small amounts is reserved.





Section 2
Cost estimate



§ 4
Concept and subject



(1) The cost approach consists in the preparation of the cost accounting (§ 24). Its object is the calculation of court costs and judicial administration costs as well as the determination of the cost debtors. The costs include all fees, expenses and advances to be collected for the work of the court and the administration of justice.



(2) If the calculated cost claim has not yet been paid, the cost officer will initiate the request in accordance with Section 25 or Section 26.



(3) If the costs are incurred as a result of an application by an authority responsible for the enforcement of claims for judicial costs (enforcement authority) for enforcement against immovable property, a cost calculation is drawn up; However, the costs incurred are only to be communicated to the enforcement authority for possible later collection as ancillary costs.



(4) Can the fees for the decision on the application to order a foreclosure auction or to join the procedure (No. 2210 KV GKG) or the expenses of the order (accession) procedure cannot be collected from the applicant because he has legal aid without Payment determination is approved or he is entitled to exemption from fees or expenses (e.g. in the case of a foreclosure auction due to public charges in arrears), the cost officer initiates the request for the costs in accordance with Section 25. The enforcement authority reports the costs - irrespective of other collection options - in the foreclosure auction with the range of the claim of the operating creditor in good time for satisfaction from the property (Section 10 (2), Sections 12, 37 No. 4 ZVG). This applies accordingly in the administrative proceedings. Paragraph 3 remains unaffected.



(5) The special provisions issued for this purpose apply to the treatment of small amounts of costs.



(6) If costs are to be collected at the same time as a monetary amount within the meaning of Section 1 (1) of the collection and collection order, the procedure is based on the collection and collection order.



§ 5
Jurisdiction



(1) The cost approach is based, insofar as costs are charged according to the Court Fees Act, according to § 19 GKG, insofar as costs are charged according to the law on court costs in family matters, according to § 18 FamGKG, and in matters of voluntary jurisdiction according to § 18 GNotKG. The costs of enforcing custodial reform and security measures are charged to the competent authority according to Section 19 (2) GKG, unless the state governments have established other responsibilities by ordinance (Section 138 (2) StVollzG).



(2) If, in criminal matters, the Federal Court of Justice has referred the matter back in whole or in part for other negotiation and decision, the authority responsible for the cost estimate shall send a certified copy of the final decision on the cost estimate to the Federal Court of Justice.



(3) The costs incurred in preparing the public lawsuit (nos. 9015, 9016 KV GKG) also include



1.
the expenses incurred by the police when executing requests from the court or the public prosecutor's office, when the police officers act as investigators for the public prosecutor's office and in cases in which the police investigate criminal offenses under Section 163 of the Code of Criminal Procedure on their own initiative,


2.
Expenses incurred by the competent administrative authorities as prosecuting bodies in criminal and fines matters.


(4) If the court detects a penalty or measure in criminal proceedings due to a tax offense or a fine or ancillary consequence in a tax offense, the costs of the court proceedings include the expenses incurred by a tax authority during the investigation and the Participation in judicial proceedings. These expenses are not to be determined according to § 464b StPO, but to be calculated and collected as court costs. If the expenses are incurred by a federal tax authority, they will be treated as transitory funds and paid to them (cf. § 24 Paragraph 7, § 32) if they exceed the amount of 25 euros. Amounts collected are not transferred to the state tax authorities.



(5) If a dunning procedure against several respondents changes into separate litigation proceedings at different courts after an objection or objection, the dunning court will send each of the receiving courts a complete procedural printout including cost accounting. The latter must contain information on whether the costs have already been requested (Sections 25 and 26) or paid. In the case of non-machine processing, the cost officer of the transferring court has to send the cost officer of the accepting court the original or a certified copy of the cost accounting and to inform them about anything else he has done. Notices of payment and other proof of payment must be attached in the original or as a certified photocopy.



(6) The cost of



1.
the opening of a death disposition,


2.
the acceptance of an affidavit for the purpose of obtaining a certificate of inheritance and


3.
the notarization of the renunciation of the inheritance or the contestation of the renunciation of the inheritance


are appended to the probate court responsible according to § 343 FamFG (§ 18 Abs. 1 Nr. 1, Abs. 2 GNotKG).



If the opening or notarization takes place at another court, the probate court must be notified. These provisions also apply if the two courts are located in different countries of the Federal Republic. They do not apply to the costs of a notarization according to § 31 IntErbRVG (§ 18 para. 2 sentence 2 GNotKG). Insofar as the agricultural court takes the place of the probate court, the fee for the acceptance of an affidavit for the purpose of obtaining a certificate of inheritance at the agricultural court is also charged.



§ 6
Cost approach for referral of a legal dispute
to a court in another country



(1) If a legal dispute is referred to a court in another Land of the Federal Republic of Germany, the cost clerk of the court is responsible for the cost estimate, which according to the agreement of the Federation and the Laender on the compensation of costs (announcements of the Federal Ministry of Labor and Social Affairs dated July 26, 2001 [BAnz. P. 16 801] and the Federal Ministry of Labor and Social Affairs of March 4, 2010 [BAnz. P. 1108]) has to collect the costs.



(2) Amounts to be collected, which have been transferred to the state treasury in accordance with Section 59 RVG, are transferred in the event of a referral

a dispute in a court in another country is set at the court to which the dispute is referred

has been (see agreement on the compensation of costs - loc. cit.).



§ 7
Prerequisites for the cost approach and determination
the cost debtor in general



(1) The cost officer determines who is liable for the costs and to what extent he is liable. It should be noted that according to § 29 No. 3 GKG, § 24 No. 3 FamGKG, § 27 No. 3 GNotKG and § 18 No. 3 JVKostG also third parties who are legally liable for the costs of another (in the latter case according to the provisions of civil law, e.g. heirs, spouses, asset transferees), as debtors of costs, can be claimed for performance or for toleration of foreclosure.



(2) If several cost debtors are jointly and severally liable, the cost officer determines who is to be claimed first, taking into account the principles in Section 8.



(3) The determination and establishment of persons who are not liable to the state treasury for the cost debt, but are only obliged to reimburse the cost debtor to the cost debtor, is not the responsibility of the cost officer.



§ 8
Joint and several costs



(1) Insofar as in matters for which the Court Fees Act, the Act on Court Fees in Family Matters or the Court and Notary Fees Act apply, the costs are imposed by a court decision on a jointly and severally liable cost debtor or have been assumed by him by means of a declaration made or communicated to him in court , the liability of the other jointly and severally liable cost debtor (secondary debtor) should only be asserted if foreclosure against the movable assets of the first named cost debtor (primary debtor) has remained unsuccessful or appears to be hopeless (Section 31 (2) sentence 1, Section 18 GKG, Section 26 Paragraph 2 Sentence 1. Section 17 FamGKG, Section 33 Paragraph 1 Sentence 1, Section 17 GNotKG). It can regularly be assumed that foreclosure is hopeless if a primary debtor with a known domicile or domicile or place of residence abroad does not comply with the request for payment and might have to be enforced against him abroad.This applies in particular if, based on experience, enforcement abroad takes a long time or is associated with disproportionately high costs.



(2) Insofar as legal aid or procedural aid has been granted to a cost debtor who is liable on the basis of Section 29 No. 1 GKG, Section 24 No. 1 FamGKG or Section 27 No. 1 GNotKG (decision debtor), the liability of another cost debtor is not permitted be invoked; Costs already charged by this are to be reimbursed, provided that it is not a matter of a payment according to Section 13 Paragraphs 1 and 3 of the Judicial Remuneration and Compensation Act and the party to whom legal aid or procedural aid has been approved has agreed to the special remuneration. The liability of another party liable for costs may also not be asserted if the party responsible for the decision has been granted an amount for the trip to the place of a hearing, questioning or investigation and for the return trip (Section 31 (3) GKG, Section 26 (3) FamGKG, Section 33 (2) GNotKG).



(3) Paragraph 2 shall apply accordingly, insofar as the cost debtor is liable on the basis of § 29 No. 2 GKG, § 24 No. 2 FamGKG or § 27 No. 2 GNotKG (takeover debtor) and if



1.
the cost debtor has assumed the costs in a settlement concluded in court or accepted in a written statement to the court,


2.
the settlement, including the apportionment of the costs, has been proposed by the court and


3.
the court has expressly stated in its settlement proposal that the cost regulation corresponds to the cost decision otherwise to be expected (section 31 (4) GKG, section 26 (4) FamGKG, section 33 (3) GNotKG).


(4) In all other cases of joint and several liability for the costs, the cost officer shall determine, at his due discretion, whether the amount owed is to be requested from one cost debtor in full or from several according to headings. In particular, it can be taken into account



1.
which cost debtor has to finally bear the costs in relation to the others,


2.
what administrative effort arises from the use of headboards,


3.
whether small amounts or amounts below the enforcement limit would have to be applied in the case of a distribution according to headings,


4.
whether the cost debtors live in household community,


5.
whether it can be assumed that one of the joint and several debtors is unable to make payment or only to make partial payments.


§ 9
Costs for approval of litigation
or legal aid



When granting legal aid or procedural cost aid, the implementing provisions for legal aid and procedural cost aid as well as deferral of the costs of insolvency proceedings (DB-PKH) must be observed.



§ 10
Inability of the cost debtor in other cases



(1) In cases other than those described in Section 8 (2), (3) and No. 3.1 of the implementing provisions on legal aid and procedural cost assistance as well as deferral of the costs of insolvency proceedings (DB-PKH), the cost officer may deduct the costs only refrain if the permanent inability of the cost debtor to pay is evident or known to him from other processes or if the cost debtor is permanently at a location where recovery does not promise success. The permanent inability of the cost debtor is not to be denied simply because he might later be able to pay the debt in whole or in part. If, on the other hand, there are certain reasons that lead us to expect this with some certainty, there is no permanent incapacity.



(2) Regardless of the permanent inability of the cost debtor, the costs are to be applied,



1.
if a solvent debtor is jointly liable for the costs;


2.
if it can be assumed that the payment of the costs can be achieved by exercising the right of retention (Section 23), in particular if another person entitled to receive has an interest in the delivery of the retained documents;


3.
if the costs are to be collected at the same time as a monetary amount within the meaning of Section 1 (1) of the demand and recovery order (Section 4 (6));


4.
if it concerns fees or advances on the payment of which the performance of an official act depends (Section 26).


(3) Information in proceedings about legal aid or legal aid, findings in criminal proceedings about the income and financial circumstances of the accused (No. 14 of the guidelines for criminal proceedings and the fine proceedings) or communications from the enforcement authority provide the cost officer with a basis for his resolution . However, this does not release him from the obligation to independently check and decide whether there is actually an inability to pay. If necessary, he will conduct appropriate investigations. In criminal matters, inquiries about the financial circumstances of the cost debtor are only to be sent in exceptional cases and only if there is no reason to fear that the cost debtor could experience difficulties from these inquiries. When drafting any inquiries, any reference to the fact that the costs are related to a criminal case must be avoided.



(4) The cost officer notes in the files that he has not recognized the costs; he briefly gives the reasons and refers to the file from which they can be seen.



(5) Costs left out of account in accordance with paragraph 1 shall be recognized if there are indications that recovery will be successful.



§ 11
Failure to collect expenses



The cost officer is authorized to disregard the following expenses:



1.
Expenses incurred as a result of an ex officio rescheduling of a date or postponement of a hearing (Section 21 (1) sentence 2 GKG, Section 20 (1) sentence 2 FamGKG, Section 21 (1) sentence 2 GNotKG),


2.
Expenses incurred as a result of incorrect delivery by the court (e.g. duplicate delivery, incorrect addressing),


3.
Expenses that have arisen because an ordered unloading of witnesses, experts, translators, etc. has not been carried out or has not been carried out on time.


However, the cost officer submits the files to the court with the suggestion of a decision if this appears necessary in view of legal or actual difficulties. The decision of the cost officer according to sentence 1 is not an order binding the court within the meaning of Section 21 (2) sentence 3 GKG, Section 20 (2) sentence 3 FamGKG and Section 21 (2) sentence 3 GNotKG.



§ 12
Refrain from appraisals



- to preliminary remark 1.1 para. 1 KV GNotKG, preliminary remark 1.3.1 para. 2 KV FamGKG -



Valuations can be dispensed with if there are no indications that the pure assets of the person in need of care are more than 25,000 euros.



§ 13
Cost approach with objectively limited
Free of charge



In the case of certificates of inheritance and similar certificates (No. 12210 KV GNotKG) that are to be issued free of charge or at reduced fees for use in a certain procedure (e.g. in accordance with Section 317 (5) LAG, Section 64 (2) SGB X, Section 31 Para. 1c Property Act in conjunction with Section 181 BEG), the cost officer has to mark the original and the copy of the document with the note "For exclusive use for the ... procedure free of charge - at reduced fees - granted". The copy is to be sent to the authority or service at which the proceedings are pending with the request that the parties concerned neither receive the copy nor a copy.



§ 14
Detention costs



The collection of the costs of the enforcement of custodial measures of reform and security is based on Section 138 (2) and Section 50 of the StVollzG. The costs of pre-trial detention and other detention other than compulsory detention, the costs of temporary placement (Section 126a StPO), placement for observation (Section 81 StPO, Section 73 JGG) and temporary placement in a home for youth welfare (Section 71 (2) , § 72 Abs. 4 JGG) are only applied if they would also have to be raised by a prisoner in the penal system (No. 9011 KV GKG, No. 2009 KV FamGKG, No. 31011 KV GNotKG, preliminary remark 2 KV JVKostG in conjunction with No. 9011 KV GKG).



§ 15
Time of the cost approach in general



(1) Unless otherwise stipulated or approved, costs are recognized as soon as they are due (e.g. § 6 Paragraphs 1 and 2, §§ 7 to 9 GKG, §§ 9 to 11 FamGKG, §§ 8, 9 GNotKG) and cost advances calculated as soon as they are due (e.g. §§ 15 to 18 GKG, §§ 16, 17 FamGKG, §§ 13, 14, 17 GNotKG). This also applies in particular before the files are sent to the appellate court.



(2) As a rule, expenses are only to be recognized at the end of the legal process, if no loss for the state treasury is to be feared. The same applies to the settlement of the advances raised to cover them. If, however, fees are due in the course of the procedure, the expenses not covered by advances must also be included with them.



(3) Paragraph 2 does not apply



1.
for expenses incurred in proceedings before a foreign authority,


2.
for expenses incurred by a person who is not involved in the matter.


(4) If the value on which the fees are to be based has not yet been finally determined at the point in time specified in paragraph 1, the fees will be recognized subject to later correction after a preliminary value assumption. Timely correction must be ensured (cf. § 20 GKG, § 19 FamGKG, § 20 GNotKG); In matters to which the Court and Notary Fees Act applies, the debtor must be notified, if necessary, that an appraisal procedure has been initiated (Section 20 (2) GNotKG). The same applies to matters to which the law on court costs in family matters applies (Section 19 (2) FamGKG).



§ 16
Time of cost estimate in special cases



I.
Fee for conducting bankruptcy proceedings
- re nos. 2320, 2330 KV GKG -



(1) The fee for carrying out the insolvency proceedings is to be set at the latest after the examination date (Section 176 InsO) has been held.



(2) When the insolvency proceedings are discontinued or after the insolvency plan has been confirmed, the cost officer must request the insolvency administrator in writing to withhold an amount sufficient to cover the court costs to be specified.



II.
Costs in guardianship, long-term care,
Long-term care and inheritance matters
- to § 8 GNotKG, § 10 FamGKG -



The fees due at the beginning of each calendar year in the case of guardianship, long-term care and maintenance as well as estate matters can, if there is no loss for the state treasury, occasionally be included in the audit of the annual accounting. In order to ensure that these fees are recognized in good time, the relevant files must be entered by the cost officer in a directory containing at least the following columns:



1st serial No. 2. File number 3. Name of the matter 4. Annual fee calculated on:



III.
Costs in divorce-related matters and in subsequent matters



Fees in divorce cases and in follow-up proceedings on the dissolution of the civil partnership are only recognized if an unconditional decision on the costs has been made or the proceedings or the instance have ended through settlement, withdrawal or other settlement (Section 9 (1), Section 11 Paragraph 1 FamGKG).



§ 17
Use of tax values
- on Section 46 Paragraph 3 No. 3, Section 48 GNotKG -



(1) If a value determined for the purpose of tax collection (Section 46 (3) No. 3 GNotKG) or the standard value of real estate (Section 48 GNotKG) is used, the submission of the tax assessment notice (assessment notices, unit value notices) is sufficient as evidence, provided that this is the case the unit value of the property does not already result from the tax clearance certificate.



(2) The tax office is only to be asked for information about the amount of the values ​​determined for the purpose of tax collection, the amount of the unit value or to issue a copy of the corresponding tax assessment, if the cost debtor does not submit the tax assessment, exceptionally also if the valuation is particularly difficult. The provisions of the file regulations apply accordingly to the storage of the standard value notification.



§ 18
Cost approach with simultaneous debiting of several
Plots
- on § 18 Abs. 3 GNotKG -



For the entry or deletion of a universal right as well as for the entry of the change of such a right at several land registry offices, the costs in the case of numbers 14122, 14131 or 14141 KV GNotKG are set at the court at whose land registry the application was first received. The same applies to the entry or deletion of a universal right as well as to the entry of the change of such a right in several register courts in the case of numbers 14221, 14231 or 14241 KV GNotKG (§ 18 para. 3 GNotKG). The cost officers of the land registry offices involved and / or registration courts have to come to an agreement in advance regarding the cost estimate and the time of receipt of the applications; the land registry or registry court applying the costs must send a copy of the cost accounting to all land registry offices or registry courts involved.



§ 19
Bailiff costs
- to § 13 Abs. 3 GvKostG -



If the bailiff has reported the bailiff's costs (fees and expenses) on the files in the case of orders given to him by the court and has not indicated that he has collected them, they are to be recognized as expenses of the judicial process (cf. § 13 para. 3 GvKostG, Section 24 Paragraph 7 Clause 3).



§ 20
Cost hedging



(1) The cost laws provide for the safeguarding of the receipt of costs



1.
the collection of advances on costs, on which the performance of an official act does not depend (e.g. §§ 15, 17 Abs. 3 GKG, § 16 Abs. 3 FamGKG, § 14 Abs. 3 GNotKG);


2.
the deferral of official acts until certain fees or cost advances have been paid (e.g. § 12 Paragraph 1 and 3 to 6, §§ 12a, 13, 17 Paragraph 1 and 2 GKG, § 14 Paragraph 1 and 3, § 16 Paragraph 1 and 2 FamGKG, §§ 13, 14 Abs. 1 and 2 GNotKG, § 8 Abs. 2 JVKostG);


3.
the exercise of the right of retention (§ 23).


(2) The cost officer independently orders the collection of an advance on costs, on the payment of which the official act does not depend (Paragraph 1 No. 1). The same applies in the cases of Sections 12, 12a, 13 GKG and Section 14 FamGKG, but the receipt must first be submitted to the judge (Rechtspfleger) if it results that the matter is sought without advance payment.



(3) Insofar as a statutory provision allows the execution of the transaction to be dependent on the prepayment of the costs (e.g. Sections 379a, 390 (4) StPO, Section 17 (1) sentence 2, Section 2 of the GKG, Section 16 (1) sentence 2, para. 2 FamGKG, §§ 13, 14 para. 1 sentence 2, para. 2 GNotKG), the cost officer must obtain the decision of the judge (Rechtspfleger) before demanding the advance; this does not apply in the cases of §§ 12, 12a, 13 GKG and § 14 FamGKG (see paragraph 2 sentence 2).



(4) In matters relating to the administration of justice, the officer responsible under Section 46 determines the amount of the advance.



(5) If the performance of an official act does not depend on the payment of an advance payment for expenses, this should only be requested regularly if the expenses amount to more than 25 euros or a loss for the state treasury is to be feared.



(6) In the cases of Paragraph 1 No. 1 and 3 as well as Section 17 Paragraph 2 GKG, Section 16 Paragraph 2 FamGKG and Section 14 Paragraph 2 GNotKG as well as in similar cases, an advance payment is not to be made if a municipality, a municipality association or another corporation under public law is liable for the costs.



§ 21
Securing the costs (Section 3 GNotKG)



If security is allowed, the advance payment will be calculated but not requested in accordance with Section 4 (2). Subject to other orders by the judge (Rechtspfleger), the security can be provided in the manner provided for in Sections 232 to 240 of the BGB. The realization of the security is a matter for the enforcement authority after the costs incurred in the course of the transaction have been transferred to it for collection.



§ 22
Annual advances in administrative administrative proceedings
- on § 15 Abs. 2 GKG -



(1) The fee advance to be levied annually is to be calculated regularly at a fee with a fee rate of 0.5. In addition, an advance payment must be made in the amount of the expenses likely to have accrued in the current year.



(2) In compulsory administration proceedings, in which income is generated, the amount of which covers the fees and expenses, the annual fee, if no loss is to be feared for the state treasury, can be set on the occasion of the audit of the annual accounting. Section 16, Section II, Clause 2 applies accordingly. In this case, it is not necessary to charge an advance.



§ 23
Right of retention
- on § 11 GNotKG, § 17 Abs. 2 GKG, § 16 Abs. 2 FamGKG,
§ 9 JVKostG -



(1) In matters to which the Court and Notary Fees Act applies and in matters of administration of the judiciary, documents, copies, printouts and copies as well as judicial documents are to be withheld until the costs incurred in the matter have been paid. The decision on the exercise of the right of retention is made by the cost officer at his reasonable discretion. This applies accordingly in the cases of Section 17 (2) GKG and Section 16 (2) FamGKG.



(2) Costs, on the payment of which the surrender is made dependent, are to be recognized as soon as possible. If they cannot yet be finally calculated, they are to be set provisionally, subject to later correction.



(3) If someone other than the party liable to pay the costs is entitled to receive the document, the cost officer must inform him of the exercise of the right of retention. If the person entitled to receive receives any other communication in the same matter, the message that the document will be retained must be linked to it if possible.



(4) Reference is made to Section 24 (6) because of the note that the right of retention is being exercised and the third party entitled to receive is listed in the cost accounting.



(5) The safe custody of securities, savings bank books, mortgage liens and other documents of particular value must be ensured.



(6) The retained documents are to be returned to the person authorized to receive them,



1.
if payment of the costs is proven,


2.
if the order that documents are to be withheld is revoked by the cost officer or by a court decision.


§ 24
Cost accounting



(1) Contains the original of the cost accounting for the case file



1.
the indication of the judicial authority, the name of the case and the transaction number,


2.
the individual cost estimates and the cost advances with reference to the regulation applied, in the case of value fees also the value on which the calculation is based,


3.
the total amount of the costs,


4.
Names, addresses and, if applicable, reference numbers and dates of birth of the cost debtors.


(2) If several parties are jointly and severally liable or if one of the cost debtors has to tolerate foreclosure on certain assets, this must be noted in the original of the cost accounting. In the case of a proportional claim against the cost debtor (e.g. Section 8 (4)), a clear reservation about the possibility of further claims must be made there. In accordance with the principles in Section 8 (4), it must also be stated how the individual joint and several debtors are initially claimed. First and second debtors (Section 8 (1)) must be expressly designated as such. If a claim is made against the secondary debtor before the primary debtor (Section 8 (1)), the reasons for this must be briefly stated.



(3) If, in the case of several joint and several debtors, it is to be expected that the person initially claimed will pay the costs, the listing of the other joint and several debtors can be reserved by expressly indicating.



(4) If costs have been paid through the use of court fee stencils or if document printouts according to Section 696, Paragraph 2, Clause 1 of the German Code of Civil Procedure (ZPO) are proven with court cost invoices, it must be noted where these proof of payment are located. If costs have already been posted, the allocation characteristic of the cash register procedure must be specified.



(5) If there are indications from the files that further costs can be asserted that are to be levied by the cost debtor as expenses (e.g. remuneration of public defenders, legal advisers or experts), there is a clear reservation about the possibility of a claim for the to include additional costs to be specified by type or expected amount in the original of the cost accounting.



(6) The exercise of the right of retention (§ 23) must be noted with a brief explanation. If someone other than the cost debtor is entitled to receive the document (Section 23 (3)), he will also be listed in the original of the cost accounting.



(7) If the original of the cost accounting contains amounts to which beneficiaries other than the state treasury are entitled and which are to be paid out to them after the collection (funds passing through), the cost officer must ensure that he becomes aware of a payment. The person entitled to receive must be listed in the original copy of the cost accounting. In the case of § 19, the bailiff is to be designated as authorized to receive.



(8) If security has been provided for an advance payment (Section 21), this must be indicated by a note to be underlined.



(9) The cost officer has to sign the original of the cost accounting stating the place, date and official title.



§ 25
Request for costs with debit position



(1) With the debit position, the posting of the amount to be raised in the non-cash book of the cash register, the monitoring of incoming payments there and, in the case of non-payment, the independent collection by the enforcement authority is effected.



(2) The cost officer arranges for the costs to be debited in accordance with the more detailed provisions of the Federal Ministry of Justice and Consumer Protection or the respective state justice administration and ensures that each cost debtor who is to be claimed has a printout of the cost accounting content that affects him Payment request and a legal remedy (cost request) receives. In the request for payment, the payee must be given with address and bank details as well as the attribute of the debit position (e.g. cash register number). Cost requests that are created with the help of automation do not require a signature or an imprint of the official seal; It must be noted on the cost request that the letter was created with a data processing system and is therefore not signed. Instead, manually created cost invoices must be signed or stamped with the official seal.



(3) If the cost debtor is represented by an authorized representative in the automated dunning procedure, the cost request can be sent to him.



§ 26
Request for costs without debit position
- on §§ 379a, 390 Abs. 4 StPO, §§ 12, 12a, 13, 17 Abs. 1 Satz 2, Abs. 2 GKG, §§ 14, 16 Abs. 1 Satz 2, Abs. 2 FamGKG,
§§ 13, 14 Paragraph 1 Sentence 2, Paragraph 2 GNotKG, § 8 Paragraph 2 JVKostG -



(1) Fees and cost advances to be collected in advance, on the payment of which the performance of an official act or the initiation or continuation of a procedure is dependent, are to be requested directly from the payer without debit entry; the same applies if the right of retention is exercised (Section 23). Section 24 (1) must be observed. The cost request must be accompanied by instructions on legal remedies. For the details of the cost request without debit position, reference is made to the more detailed provisions of the Federal Ministry of Justice and Consumer Protection or the respective state justice administration.



(2) If the value of the subject of dispute or the goodwill has not yet been finally determined, the calculation shall be based on the information provided by the plaintiff or applicant, unless they are obviously incorrect.



(3) If the court has determined the amount of the advance payment and the payment deadline (e.g. in the cases of Sections 379, 402 ZPO), a cost calculation (Section 24 (1)) can be omitted if the judicial document is all necessary for the effect of the Payment details required.



(4) If the debtor has paid amounts on the fees or advances (paragraph 1) that are not entirely sufficient to cover the amount, he must be informed of the shortfall; if he has not yet received a request for costs, the shortfall is to be requested without debit position in accordance with paragraph 1. If the shortfall is only small, the cost officer first brings about a decision by the judge (Rechtspfleger) as to whether the matter should nonetheless be allowed to proceed. If the matter is given progress, the missing amount will be requested in accordance with § 25 with debit position, if it is not left out of account according to the existing provisions due to insignificance; If, on the other hand, the judge (Rechtspfleger) insists on the payment of the balance, the procedure is in accordance with sentence 1.



(5) If the requested amount is not paid in full in the cases of Sections 379a, 390 (4) of the Code of Criminal Procedure, the files must be submitted to the court (chairman) for a decision as soon as possible.



(6) If the debtor is represented by an authorized representative, in particular an authorized litigation or procedural agent or a notary, the request for costs should be sent to him in order to mediate the payment.



(7) If the payment of the advance is linked to a deadline (e.g. in the cases of Sections 379a, 390 (4) StPO, Section 18 GBO), the request for costs must be delivered ex officio. In other cases it is regularly sent as a letter.



(8) If the cost request is not complied with, the cost officer must calculate the costs that have arisen or are still to be incurred in the matter and make them debited (Section 25). The same applies if the order by which the execution of a transaction was made dependent on the advance payment is canceled or if an exception is granted from the statutory obligation to provide advance payment (e.g. according to § 14 GKG, § 15 FamGKG, § 16 GNotKG). If the person obliged to provide advance payment does not comply with the request for payment in the cases of Section 12 (1), (3), (3) and (4) GKG, Section 12a GKG and Section 14 (1) and (3) FamGKG, the payment requests specified in Section 12 (1), 3 sentences 3 and 4 GKG and § 14 para. 1, 3 FamGKG are only applied to the extent that the debtor cannot exempt himself from the obligation to pay by withdrawing the lawsuit or application.



(9) The sending of a final cost invoice can be dispensed with if the finally determined cost liability coincides with the amount paid in advance. Otherwise the final cost invoice must be sent immediately.





Section 3
Further duties of the cost officer



§ 27
Handling of requests and communications
the enforcement authority



(1) If the enforcement authority requests information as to whether the factual files provide more information about the income and financial situation of a debtor, in particular about the existence of attachable claims, the costs officer must make the necessary determinations. If the files are with the appellate court, this obligation falls on the costs officer of that court.



(2) If the enforcement authority requests a change or addition to the cost accounting because it considers a different use of joint and several debtors or an extension of the invoice to previously unused cost debtors to be necessary, the costs officer has the prerequisites for such use based on the investigations of the enforcement authority determine this cost debtor (see. § 7 para. 1) and, if necessary, prepare a new or supplemented cost accounting. The reasons for making use of the additional cost debtor must be stated in the cost calculation. Insofar as the costs of an already completed legal remedy procedure are to be taken into account, the services incumbent on the costs officer are to be performed by the costs officer of the appellate court; A co-debtor inquiry can be answered by the cost officer of the court of first instance if there is no co-debtor liability.



(3) The provisions of paragraph 2 apply accordingly if there is a debtor who, because of the debt of costs, only has to put up with foreclosure against a certain property (e.g. the property owner in the case of claims secured in rem for which he is not personally liable).



(4) If the cost officer is presented with a notification of the cancellation or the (partial) waiver of the cost claim, he must check whether further collection options exist and notify the enforcement authority of these.



(5) A notice of payment that relates to an amount set as the debit and does not have to remain with the factual files must be returned by the cost officer, stating the reason for the return. The return of a payment notification must be noted on the front inside of the file envelope or on a cost sheet. The note must contain the payer, the amount of the deposit, the booking number and the reason for the return. Notwithstanding sentences 2 and 3, a copy of the payment notification can also be added to the factual files, on which the reason for the return is noted.



(6) The cost officer must note the return of a co-debtor inquiry and the result communicated on the original of the cost accounting. Notwithstanding this, a copy of the secondary debtor inquiry can also be added to the factual files, on which the communicated result is noted.



§ 28
Correction of the cost estimate



(1) The cost officer must correct the cost estimate whenever the cost claim is changed and, if this also affects the costs of another legal process, notify the cost officer of this legal process, unless he is responsible for the cost estimate of the other legal process himself (e.g. § 5 para. 2).



(2) As long as a court decision or an order has not been issued, he has to correct incorrect cost estimates on reminder or ex officio. If he does not want to remedy a reminder of the cost debtor or does not want to remedy it in full, or if the reminder is directed against costs that have been set due to a complaint by the examination officer, he must present them with the files to the examination officer.



§ 29
Subsequent change in the cost subsidy



(1) If the cost claim changes subsequently, the cost officer will prepare a new cost calculation, unless the cost claim expires completely.



(2) If the cost claim increases, he will arrange for the additional amount to be claimed in accordance with Section 25 or Section 26.



(3) If it diminishes or if it extinguishes completely, he orders the cancellation of the debit or the repayment by means of a till order. All amounts debited or deposited in the same legal case for which the cost debtor is liable must be stated in the cash order; If there are several amounts to be debited, the cost officer has to designate those amounts for which there are additional cost debtors. The order for cancellation or repayment is to be noted in a conspicuous manner, stating the amount, on the original of the cost accounting.



(4) In the case of representation by an agent or an authorized person (Section 81 ZPO, Section 11 FamFG, Section 113 (1) Sentence 2 FamFG), the repayment is to be ordered, unless the party or the party involved has the repayment to the Court expressly objected. In this case, if the proxy does not agree to the repayment to the party or the parties involved, the files must be submitted to the auditor for a decision.



(5) In other cases, the repayment to an authorized representative is to be ordered,



1.
if he submits a power of attorney from his client to the files that generally authorizes him to receive money or to receive any costs to be repaid in the proceedings, and if there are no doubts about the validity of the power of attorney, or


2.
if the authorized representative is a lawyer, notary or legal advisor and the latter declares in writing in good time before ordering the repayment that he has paid the costs from his own resources.


(6) In the event of a correction due to an erroneous approach, it must be clear from the cost accounting and from the cash register arrangement to what extent the original approach was incorrect.



(7) If the supervisory authority or the cost auditing officer (Section 35) has ordered the correction, this must be noted.



(8) In the case of a cost waiver, the decree ordering the cost waiver must be designated.



(9) If the correction or amendment is based on a court decision that can be challenged with a complaint, it must be stated that the decision was before the official responsible for representing the state treasury.



(10) If the repayment of costs is initiated that have been paid through the use of court fee stamps or otherwise paid in without debit position or the payment of which is proven by file printouts according to Section 696 (2) sentence 1 ZPO with court cost invoices, a second official or employee of the office in to certify to the cash register that the amounts have been paid according to the specified proof of payment and that the booking details from the payment notices about the amounts paid in without debit entry have been correctly adopted. The repayment order is to be noted in a conspicuous manner with or on the relevant proof of payment; the note must be underlined.



(11) If, as a result of the subsequent change in the cost accounting, only small amounts are to be requested, canceled in debit or repaid, the special provisions made for the treatment of such amounts must be observed.



(12) If a new cost accounting is drawn up (paragraph 1), the previous cost accounting must be specified in it; the previous cost accounting is to be provided with a reference to the new cost accounting to be underlined.



§ 30
Subsequent change in cost liability



(1) If a new debtor is added to the previously claimed cost debtor who is to be claimed before that party (cf. § 8), the cost officer first determines whether the requested costs have already been paid. Only if the costs have not been paid or not fully paid and it cannot be assumed that the cost debtor who is now to be claimed will be insolvent does he draw up a new cost calculation. He then causes the deletion of the debit position relating to the previous cost debtor and the debit position (§ 25) vis-à-vis the new cost debtor.



(2) If the liability of a joint and several debtor subsequently expires in whole or in part, the cost officer shall correct the cost calculation. He initiates the deletion of the claim asserted against the previous debtor and the repayment of amounts already paid, insofar as there is no reason for liability. As far as another cost debtor is to be claimed, he initiates the cost request according to § 25.



§ 31
Objection of the statute of limitations
- to § 5 Abs. 2 GKG, § 7 Abs. 2 FamGKG, § 6 Abs. 2 GNotKG,
§ 5 Abs. 2 JVKostG -



If the right to reimbursement of costs has expired, the cost officer must present the files to the official responsible for representing the state treasury. If, in his opinion, the statute of limitations objection is to be raised, the consent of the President's immediate superior must be obtained. Taking the circumstances of the case into account can be waived from raising the statute of limitations. If the official responsible for representing the state treasury has informed the cost officer that the statute of limitations objection should not be raised, this must be noted on the documents justifying the payment in the factual files.



§ 32
Funds in transit



(1) If ongoing funds are included in the cost accounting (Section 24 (7)), the cost officer must issue a payment order after receipt of the notification of payment.



(2) Insofar as monies passed through have been paid through the use of court fee stamps or otherwise paid in without debit, Section 29 (10) sentence 1 shall apply accordingly.



(3) The payment order is to be noted in a conspicuous manner with or on the relevant proof of payment or on the original of the cost accounting. The note must be underlined.





Section 4
Change of claims



§ 33
Change of claims



For the cancellation, deferral and remission of costs, the special provisions made apply.





Section 5
Cost review



§ 34
Supervision of the cost approach



(1) The boards of directors of the judicial authorities monitor, within the scope of their supervisory duties, that the cost officials have properly dealt with the cost estimate.



(2) The special examination of the cost estimate is the task of the cost auditing officers (Section 35).



(3) The powers of the Court of Auditors remain unaffected.



§ 35
Cost auditor



Are cost auditors



1.


2.
the further appointed examining officers.


§ 36
Correction of the cost estimate in the administrative channel
- on § 19 Abs. 5 GKG, § 18 Abs. 3 FamGKG,
Section 18 (6) GNotKG -



As long as a court decision has not been made, the boards of directors of the judicial authorities and the cost auditing officers are authorized to object to the cost estimate and to instruct the cost officer to correct the cost estimate. The cost officer has to obey the instruction; he is not entitled to bring about the decision of the court on this basis.



§ 37
Failure to collect costs
- on § 21 GKG, § 20 FamGKG, § 21 GNotKG, § 13 JVKostG -



The presidents of the courts and the heads of the public prosecutor's offices are responsible for the authorities subordinate to their official supervision to order in the administrative way that in the cases of § 21 Abs. 1 GKG, § 20 Abs. 1 FamGKG, § 21 Abs. 1 GNotKG and of § 13 JVKostG costs are not to be charged. Any complaints against the negative decision from one of these bodies will be decided through supervisory channels.



§ 38
Memories and complaints from the treasury
- on § 66 GKG, § 57 FamGKG, § 81 GNotKG, § 22 JVKostG -



(1) The representative of the state treasury should only file reminders against the cost estimate if it appears advisable due to the fundamental importance of the matter to refrain from an administrative correction (Section 36) and to bring about a judicial decision.



(2) The cost officer of the deciding court must notify the official responsible for representing the state treasury of all appealable court decisions including the value determinations by which the cost estimate is changed to the detriment of the state treasury. If the cost officer submits a reminder from the debtor to the official responsible for representing the state treasury (Section 28 (2)), the latter will check whether the cost estimate needs to be changed in an administrative manner or whether there is any reason to also file a reminder for the state treasury. If the reminder is not remedied, he will arrange for the files to be presented to the court immediately.



§ 39
Special examination of the cost estimate



(1) At each judicial authority, an unexpected review of the cost estimate by a cost auditing officer (Section 35) takes place once every budget year.



(2) The time and order of the examinations is determined by the supervisor of the examining officer, in agreement with the supervisor of the public prosecutor, if the examination is to take place at a public prosecutor's office.



§ 40
Duties and Powers of the Examiner



(1) The examining officer should not limit himself to the written complaint of found defects and violations, but rather make the examination business as profitable as possible by verbally discussing important cases with the cost officer, by providing suggestions and instructions and working towards compliance with uniform principles in the cost approach. He should only investigate minor matters if there is suspicion of irregularities or continued negligence.



(2) He is permitted to inspect all files, books, registers, directories and invoices. If procedural documents are kept by means of electronic data processing, it must be ensured that the examining officer has access to this data.



(3) He can verbally request more detailed information about the handling of transactions from the cost officers involved.



(4) He has to look through files on pending legal disputes as well as in will, land register and register matters on the spot; He can have other files sent to his office.



§ 41
Scope of the cost review



(1) The examination officer has to pay particular attention to



1.
whether the costs are recognized in good time, correctly and completely and whether they have been requested, if necessary, with or without debit position (§ 25 and § 26);


2.
whether court fee stencils have been used as intended and whether the whereabouts of the imprints of court fee stencils, if they are no longer in the files, has been proven;


3.
whether the expenses are properly recorded;


4.
whether for approval of legal aid or procedural cost aid,


a)
requested the amounts paid to attorneys appointed by the debtor to the extent permitted,


b)
any claims for compensation made against comrades in dispute and


c)
the files have been submitted to the Rechtspfleger for a decision in the cases of Section 120 (3), Section 120a (1) and Section 124 (1) No. 2 to 5 of the ZPO and whether there is any reason to withdraw from the right to lodge a complaint pursuant to Section 127 (1) 3 to make use of the ZPO.


(2) Unless otherwise stipulated in Paragraph 1, the examination does not extend to the amount and amount of such expenses which other departments are responsible for examining.



§ 42
Cost review procedure



(1) The examining officer should himself select and look through a number of files from each type of matter in which costs may arise, including those that follow one another according to their file number. When making the selection, the business registers and the directory to be kept in accordance with Section 16 Section II must also be taken into account and specifically those files must be noted for examination in which higher cost amounts are possible.



(2) When checking the files, it must also be ensured that the debit positions and the amounts paid without debit positions are proven in the prescribed manner.



(3) When checking the use of court fee stamps, a number of older files, in particular files that have been put aside, must also be checked.



(4) When examining the file notes on the expenses (Section 41, Paragraph 1, No. 3), it must be determined on a random basis whether the expenses are properly recorded in the factual files and taken into account in the cost estimate.



§ 43
Complaints



(1) If the auditor finds inaccuracies to the detriment of the state treasury or a debtor, he orders the cost estimate to be corrected. The order is omitted if it concerns small amounts, the collection or reimbursement of which may be waived in accordance with the provisions made above.



(2) The correction is replaced by a note in the minutes (Section 44) if a court decision has been made or the cost estimate is based on an order from the service supervisory authority.



(3) The complaints (paragraph 1, sentence 1) are to be recorded for each item on a separate sheet which is to be kept in the files. In the case of paragraph 1 sentence 2, they are to be noted in the shortest possible form under the cost accounting.



(4) The examination officer also notes the complaints according to Paragraph 1 in evidence. The cost officer supplements the evidence by specifying the allocation feature of the cash register arrangement or the otherwise required notes on the completion; then he gives it back to the examining officer. At the next opportunity, the auditing officer will randomly determine whether the relevant bookings have actually been made. He keeps the evidence for each year.



(5) If the examining officer determines that there are no files, he must report the matter to the administrative board as soon as possible.



§ 44
Record of the cost review



(1) The auditor prepares a record of the cost audit, which is intended to provide an overview of the course and result of the audit transaction.



(2) It discusses those individual cases that are of fundamental importance, that are assessed differently elsewhere or that are otherwise relevant (cf. Section 43, Paragraph 2). He also lists the cases in which the filing of the reminder (Section 38 (1)) appears to be appropriate or which may give rise to measures in the official supervisory channel. In suitable cases, the minutes can be prepared separately for the individual audited offices.



(3) The examining officer forwards one copy of each of the minutes to the superiors who ordered or helped to arrange the examination (Section 39, Paragraph 2). In doing so, he suggests the measures that he considers appropriate based on his findings during the examination.



§ 45
Annual reports



(1) By June 1 of each year, the auditor shall report to his superior on the overall results of the cost audits in the past financial year. In particular, he sets out the principles by which he has been guided in his orders or in the handling of individual cases of general importance.



(2) If it was not possible to carry out examinations at all departments, the reasons must be briefly stated.



(3) The presidents of the regional courts (presidents of the local courts) submit the annual reports with their opinion to the president of the higher regional court. The presidents of the social courts submit the annual reports with their opinion to the president of the regional social court.



(4) The President of the Higher Regional Court, the President of the Higher Administrative Court, the President of the Finance Court and the President of the Regional Social Court shall, after examining the annual reports, make the necessary arrangements for their district and report on individual issues of general importance to the regional justice administration. The President of the Higher Regional Court forwards the reports to the Attorney General, insofar as they are of interest to him.





Section 6
Judicial administration costs



§ 46
Decisions according to the Justice Administration Costs Act
- on § 4 Paragraphs 2 and 3, §§ 8 and 10 JVKostG -



The decisions assigned to the authority in accordance with Section 4, Paragraphs 2 and 3, Sections 8 and 10 of the JVKostG are incumbent on the civil servant who has to make the decision.



§ 47
Continuous procurement of prints from the
Directory of debtors



If prints are continuously obtained from the debtor register, the dispatch of the prints that have not yet been billed must be noted in a list, stating the date of dispatch, the recipient and the number of entries made.





Section 7
Notary fees



§ 48
Objections to the cost calculation
- to §§ 127 to 130 GNotKG -



(1) If the cost estimate of a notary, who incurs the costs himself, gives rise to complaints to the service supervisory authority, it requests the notary to correct the estimate, to reimburse excessively raised amounts if necessary or to claim unduly raised amounts and, if he does Does not recognize complaints as justified to bring about the decision of the regional court. The request should not be made if it concerns small amounts, the reimbursement or additional claim of which may be waived according to the provisions made for court costs in dealings with private individuals. The service supervisory authority can also allow the notary in individual cases to refrain from demanding an amount of up to 25 euros.



(2) If the cost debtor has applied for the regional court's decision against the cost estimate, the supervisory authority can, if it considers the cost estimate to be too low, instruct the notary to join the application with the aim of increasing the cost estimate.



(3) Decisions of the regional court and complaint decisions of the higher regional court, against which the legal complaint is admissible, the cost officer of the regional court must immediately submit the files to the notary's supervisory authority to examine whether the notary should be instructed to lodge a complaint or a legal complaint.





Part 2
Additional provisions for the federal administration of justice





In addition to the nationwide provisions of the cost disposition according to Part 1, the following is ordered:



If files are kept electronically on the basis of an ordinance, Article 2 (2), Article 3 (2) to (5), Article 24 (9), Article 29 (3) sentence 3, (12), 2nd half-sentence, Article 32 Paragraph 3 and the following additional provisions to Sections 24 and 27 are deviated from, insofar as the regulations cannot be implemented due to the particularities of electronic file management and proper execution of the cost transactions is guaranteed. In addition, tasks of the cost officer can also be carried out using automated processes.



On Section 8 (4) No. 2



A special administrative effort is not to be assumed for the claim against a cost debtor with residence, seat or place of residence abroad, especially if the place of residence, seat or place of residence is in a member state of the European Union.



To § 24



1.