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Oberlandesgericht
German appellate courts From Wikipedia, the free encyclopedia
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An Oberlandesgericht (German: [ˈoːbɐˌlandəsɡəʁɪçt] ⓘ; plural – Oberlandesgerichte pronounced [ˈoːbɐˌlandəsɡəʁɪçtə] ⓘ; OLG, English: Higher Regional Court,[1][notes 1] or in Berlin Kammergericht: KG) is a higher court in Germany.
There are 24 Oberlandesgerichte in Germany and they deal with civil and criminal matters. They are positioned above regional courts (Landgerichte) and below the Federal Court of Justice (Bundesgerichtshof), in family and child law above the local courts (Amtsgericht) and below the Federal Court of Justice. In the Oberlandesgerichte, the offices of the Generalstaatsanwaltschaft (German: [ɡenəˈʁaːlˌʃtaːt͡sʔanvaltʃaft] ⓘ) or district attorney general are located. In criminal cases that are under primary jurisdiction of the Federal Court of Justice (i.e., cases concerning national security), the Oberlandesgerichte act as branches of the Federal Court of Justice, that is, as "lower federal courts" (Untere Bundesgerichte).
As per Section 120 Courts Constitution Act, OLGs have original jurisdiction (Erstinstanz) over crimes against public international law under the Völkerstrafgesetzbuch (genocide, crimes against humanity, and war crimes). This includes trials under universal jurisdiction (that were committed by non-Germans outside of Germany).
The OLG Düsseldorf is one of the most popular patent trial forums for patentees in Europe.[2]
The Oberlandesgerichte were first set up in the German Empire by the Courts Constitution Act of 27 January 1877. In Prussia, there had been Oberlandesgerichte as the higher provincial courts since 1808, known as Regierung from 1723 to 1808.
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The individual Higher Regional Courts
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As of 2023 there are 24 Higher Regional Courts in Germany. Each German state has at least one Higher Regional Court. Baden-Württemberg and Rhineland-Palatinate each have two, Bavaria, Lower Saxony and North Rhine-Westphalia each have three Higher Regional Courts.[3]
For historical reasons the Higher Regional Court in Berlin is called the Kammergericht and the Higher Regional Courts in Hamburg and Bremen are called Hanseatic Higher Regional Court.
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Notes
- The usual English translation of Oberlandesgericht is "Higher Regional Court". See for example the official web site of the Higher Regional Court of Düsseldorf (Oberlandesgericht Düsseldorf), retrieved on April 29, 2015.
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