Jump to main content

Excessive length of proceedings

Excessive length of proceedings

Not only in Italy, but also in Germany there are legal disputes that never seem to end. In Germany, for example, there is a kind of "legge Pinto" (§ 198 GVG) which entitles the plaintiff to compensation from the state of 1,200 euros per year in the event of excessively long proceedings.

The practical significance of this law is limited, as the Federal Court of Justice (BGH) pointed out on 15 December 2022 (III ZR 192/21) that a court must not only have acted slowly or inefficiently, but also "unjustifiably". In the case in question, among other things, an unnecessary expert opinion was obtained, which was obviously not ordered outside any procedural logic.

In any case, the editorial team wonders whether the relatively low compensation rates take into account the requirements of Article 6 of the European Convention on Human Rights (right to a fair trial). A lawsuit of vital importance to a company or an individual, which could, for example, save a company from bankruptcy if it were heard quickly, results in far greater damages than those awarded to the plaintiffs by the Legge Pinto or § 198 GVG.