Civil law

In the second instance of ordinary jurisdiction, cases fall within the Regional Court's scope if the sum in dispute exceeds 5.000€. It therefore functions as a first instance which means that the Local Court’s (Amtsgericht AG) jurisdiction is invalid.

Should there be an appeal against the decision by a Local Court (AG), the Regional Court (LG) has jurisdiction as a “body of appeal”.

Rejection of a private hospital insurance

Higher Regional Court Karlsruhe, judgment of 27.05.2010 - 9 U 156/09

The plaintiff is the father of a 100% disabled child. As an insurance holder of the defendant, he applied for additional hospital insurance in favour of his child. This request was rejected by the defendant with regard to the illness of the child.

An insurer may include certain criteria into the decision of granting a private legal insurance. In the present case, however, it was questionable whether the defendant adduced a legitimate criterion.

The court assessed that the unequal treatment was justified according to § 20 par. 2 clause 3 AGG. The appeal of the plaintiff was dismissed.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011