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Appeal is the legal process for asking a higher court or authority to review a decision that you believe is wrong in law, in fact, or both. In Parchim, appeals follow the general German court system but are handled by the courts that serve Mecklenburg-Vorpommern. Many first instance civil and criminal cases start at the Amtsgericht Parchim. Civil appeals from there typically go to the Landgericht Schwerin. Higher review in civil matters may then involve the Oberlandesgericht Rostock and, in limited circumstances, the Bundesgerichtshof. Criminal judgments of the Amtsgericht can be challenged by a full appeal on facts and law at the Landgericht Schwerin or, alternatively, by a law-only appeal known as Revision to the Oberlandesgericht Rostock.
Outside civil and criminal law, specialized appeal routes apply. Administrative law cases for the Parchim region are heard at the Verwaltungsgericht Schwerin, with further review at the Oberverwaltungsgericht Greifswald. Social benefit disputes go to the Sozialgericht Schwerin, then to the Landessozialgericht Mecklenburg-Vorpommern, and potentially to the Bundessozialgericht. Labor disputes start at the Arbeitsgericht Schwerin, then move to the Landesarbeitsgericht Mecklenburg-Vorpommern, and possibly to the Bundesarbeitsgericht. Tax disputes are heard by the Finanzgericht Mecklenburg-Vorpommern in Greifswald, with further review by the Bundesfinanzhof.
German appeal law is deadline driven and highly formal. The correct type of appeal, the proper court, and the content and timing of filings are decisive for success. A lawyer familiar with the regional courts and procedures can help you avoid mistakes and protect your rights.
You may need a lawyer if you received a judgment from the Amtsgericht Parchim and want to challenge it, if you were convicted in a criminal case and seek a lighter sentence or an acquittal, or if you lost a civil case and believe evidence or law was misapplied. A lawyer is also crucial if you received an administrative decision affecting business licensing, building permits, firearms, residency, or immigration and you need to file a timely objection or court appeal.
Lawyers help select the right remedy among Berufung, Revision, Beschwerde, Einspruch, or Widerspruch, each with different rules. They can obtain the case file, identify appealable errors, formulate grounds of appeal, and ensure documents meet formal requirements. In many civil appeals at Landgericht level and above, representation by a lawyer is mandatory. Counsel can also request a stay of enforcement, negotiate settlements on appeal, and advise on costs, legal aid, and risk.
Appeals in Parchim rely on federal procedural codes that apply across Germany, together with the jurisdiction of courts that serve Mecklenburg-Vorpommern. Key frameworks include the Zivilprozessordnung for civil appeals, the Strafprozessordnung for criminal appeals, the Verwaltungsgerichtsordnung for administrative cases, the Sozialgerichtsgesetz for social matters, the Arbeitsgerichtsgesetz for labor matters, the Gesetz über Ordnungswidrigkeiten for regulatory fines, and the FamFG for family cases. Cost rules arise from the Gerichtskostengesetz and the Rechtsanwaltsvergütungsgesetz.
Civil cases decided by the Amtsgericht Parchim are usually appealed to the Landgericht Schwerin. A civil Berufung is permitted when the amount in dispute exceeds 600 euros or the lower court admits the appeal. The notice of appeal generally must be filed within one month of service of the written judgment, and the detailed reasons must be submitted within two months. Further review, often a law-only Revision, may be possible with admission by the appellate court or via a non-admission complaint where statutory thresholds and conditions are met. At Landgericht and higher levels in civil matters, parties generally must be represented by a lawyer.
Criminal cases from the Amtsgericht can be challenged by Berufung to the Landgericht Schwerin for a full factual and legal review, or by Revision for a law-only review. The deadline to lodge an appeal or a revision in criminal matters is typically one week from pronouncement or service of the judgment. If the first instance was at the Landgericht, a Revision goes to the Bundesgerichtshof. An Einspruch against a Strafbefehl must usually be filed within two weeks. Deadlines are strict and missing them can forfeit rights.
Administrative decisions addressed to residents or businesses in the Parchim area commonly require a preliminary Widerspruch within one month before you can go to court, although some areas of law may skip this step by statute. Court proceedings begin at the Verwaltungsgericht Schwerin. If the case or court admits the appeal, the next court is the Oberverwaltungsgericht Greifswald. Further review to the Bundesverwaltungsgericht is limited to points of law with admission.
Social law disputes, such as unemployment insurance, pensions, or health insurance benefits, go first to the Sozialgericht Schwerin. The next level is the Landessozialgericht Mecklenburg-Vorpommern, and a further law-only appeal can reach the Bundessozialgericht if admitted. Labor disputes begin at the Arbeitsgericht Schwerin, with appeals to the Landesarbeitsgericht Mecklenburg-Vorpommern and potential further review by the Bundesarbeitsgericht.
Filing an appeal does not always stop enforcement. In civil cases, first instance judgments are often provisionally enforceable. You may need to seek a stay of enforcement or provide security. In administrative law, appeals often do not have suspensive effect, and you may need to file an application to restore suspensive effect.
Legal aid is available. Beratungshilfe can subsidize pre-litigation advice, and Prozesskostenhilfe or Verfahrenskostenhilfe may cover court and lawyer fees if you have limited means and a reasonable chance of success. In serious criminal cases, a Pflichtverteidiger may be appointed if statutory conditions are met.
Berufung is a full appeal that allows the higher court to review facts and law, hear evidence, and reconsider the case. Revision is a law-only review that examines whether the lower court applied the law correctly without re-evaluating facts except for clear procedural errors. Which one applies depends on the type of case and the court that issued the decision.
File the civil Berufung with the Landgericht Schwerin. The notice must meet formal requirements and be filed within the statutory deadline. The reasons for appeal must follow within the prescribed time. At this level, a lawyer is generally required to sign and submit the brief.
In civil cases, the notice of appeal usually must be filed within one month of service of the written judgment, and the detailed reasons are due within two months. There are exceptions and special rules, so check your judgment and consult a lawyer immediately.
In most criminal cases, you have one week to file a Berufung or a Revision after the judgment is pronounced or served. An Einspruch against a Strafbefehl must be filed within two weeks. These deadlines are strict and missing them can end your options.
In a Berufung, the appellate court can hear new evidence, but it may reject evidence that could have been presented earlier without good reason. In a Revision, new evidence is generally not allowed because the court reviews only legal errors.
Not necessarily. Civil first instance judgments are often provisionally enforceable. You may need to apply for a stay of enforcement or provide security. In administrative cases, appeals often do not suspend the effect of the decision, but you can apply for restoration of suspensive effect at the court.
Costs include court fees and lawyer fees. The losing party often bears costs in civil matters, but cost allocation can vary. Beratungshilfe may cover preliminary advice, and Prozesskostenhilfe or Verfahrenskostenhilfe may cover litigation costs if you have limited means and a reasonable case. In criminal matters, you may be assigned a Pflichtverteidiger in serious cases or where required by law.
You can represent yourself in many first instance matters. However, in civil appeals at Landgericht level and above, a lawyer is mandatory. Even where not required, professional representation is strongly recommended due to complex rules and high risk of formal errors.
You usually lose the right to appeal. In rare cases, you can ask for reinstatement if you were prevented from meeting the deadline through no fault of your own and you apply promptly with reasons and supporting evidence. This is strictly evaluated.
Yes. For administrative fines under the law on regulatory offenses, you can file an Einspruch against the penalty order within two weeks. The case may then proceed to the Amtsgericht. For other administrative decisions, you may first need to file a Widerspruch within one month, then bring an action at the Verwaltungsgericht Schwerin if the objection is rejected.
Amtsgericht Parchim for local civil, family, criminal, and minor regulatory offense matters.
Landgericht Schwerin for civil and criminal appeals from local courts in the region.
Oberlandesgericht Rostock for higher civil appeals and criminal revisions in Mecklenburg-Vorpommern.
Verwaltungsgericht Schwerin for administrative law cases, with further review by the Oberverwaltungsgericht Greifswald.
Sozialgericht Schwerin and the Landessozialgericht Mecklenburg-Vorpommern for social law disputes.
Arbeitsgericht Schwerin and the Landesarbeitsgericht Mecklenburg-Vorpommern for employment disputes.
Finanzgericht Mecklenburg-Vorpommern in Greifswald for tax disputes.
Rechtsanwaltskammer Mecklenburg-Vorpommern for lawyer referrals and professional oversight.
Ministerium für Justiz Mecklenburg-Vorpommern for information on courts, procedures, and legal aid programs.
Local advisory services such as the Bürgeramt, Verbraucherzentrale Mecklenburg-Vorpommern, and social counseling offices for initial guidance and document assistance.
Read the decision carefully and note the date of pronouncement and the date of service. Deadlines usually start when the written decision is served.
Collect all documents, including the judgment, correspondence, filings, evidence, and any notices from authorities. Keep envelopes and proof of delivery dates.
Contact a lawyer experienced in appeals and, if possible, familiar with the courts in Schwerin, Rostock, Greifswald, and Parchim. Ask about deadlines, chances of success, costs, and funding options.
Discuss the correct remedy. Your lawyer will advise whether to file a Berufung, Revision, Beschwerde, Widerspruch, or Einspruch, and where to file it.
Secure your position. If enforcement is imminent, ask your lawyer to apply for a stay of enforcement or for restoration of suspensive effect where available.
Arrange funding. Explore Beratungshilfe, Prozesskostenhilfe, or Verfahrenskostenhilfe if needed, and provide financial information promptly.
Authorize your lawyer and provide full and honest information. Timely cooperation helps meet deadlines and strengthens your case.
Track the case. Your lawyer should confirm filings and deadlines and prepare you for hearings. Keep your contact information current and respond quickly to requests.
Consider settlement options. Appeals can also lead to negotiated outcomes that save time and cost while managing risk.
Act quickly. Appeal work in Germany is formal and deadline driven. Prompt action improves your options and your chances of success.
