The Federal Court of Justice ruled on 15.09.2020 for file number VI ZB 60/19 that a lawyer who does not attempt to deliver on all the fax numbers of a court that can be determined in good time is to blame for a failure to meet the deadline.
According to the established case law of the Federal Court of Justice, those involved in the proceedings may use the procedural deadlines granted to them by law up to their limit.
The special risks arising from the technical features of the fax communication medium must not be passed on to the user of this medium.
This applies to both malfunctions in the court’s receiving device and in the transmission lines.
Because in these cases the decisive cause for missing the deadline does not lie in the sphere of the user.
Accordingly, with the proper use of a functioning sending device and the correct entry of the recipient number, the sender has basically done what is necessary on his part to meet the deadline if he begins the transmission in good time that, under normal circumstances, it can be expected to be completed before midnight.
However, the sender must allow for delays that are usually to be expected, including fluctuating transmission speeds and the occupancy of the fax receiving device in court by other incoming mail.
The sender has to take account of such delays by adding a security surcharge to the estimated transmission time.
This safety margin is around 20 minutes.
However, if it turns out that a fax connection cannot be established due to a technical malfunction for reasons for which he is not responsible, the sender must take all possible and reasonable measures to meet the deadline.
If, despite numerous dialing attempts, he does not succeed in sending a written submission by fax that meets the deadline, he must find out another fax number for the court from a generally accessible source – such as the homepage of the court of appeal – and send the submission to this receiving device to ship.
Such a procedure is particularly necessary if the court has several fax connections due to its structure – for example due to its external senate.
This press release was published on the press distribution list openPR.
Dipl.-Jur. Jens Usebach Lawyer specializing in protection against dismissal and labor law
Specialized law firm JURA.CC
Salomonsgasse 6
50667 Cologne
Tel: 0221-95814321
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Web: https://www.JURA.CC
Dipl.-Jur. Jens Usebach LL.M. Lawyer for dismissal protection & labor law from the specialty law firm JURA.CC works on dismissal protection law in labor law and represents clients out of court in termination agreements / settlement agreements in the event of termination of the employment contract by the employer and in court in dismissal protection suits before the labor court, the regional labor court and the federal labor court with the aim to achieve an appropriate and as high as possible compensation for the employee for the loss of the job, a very good reference for future applications or the withdrawal of the notice and continued employment.
Lawyer Dipl.-Jur. Jens Usebach LL.M. publishes interesting legal questions, judgments, resolutions and legislative proposals on various legal topics on the Internet.
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