Official liability claims play a central role in the German legal system when it comes to the state's liability for the misconduct of its officials. They offer citizens the opportunity to claim damagesif they have been harmed by unlawful and culpable actions on the part of civil servants or other public officials. This article examines the legal basis, requirements and procedures for official liability claims.
Legal basis
The legal basis for official liability claims in Germany is § 839 of the German Civil Code (BGB) in conjunction with Article 34 of the German Basic Law (GG).
- Section 839 BGB: This paragraph regulates the liability of a civil servant if they violate their official duties and thereby cause damage to a third party.
- Article 34 of the Basic Law: This article stipulates that the liability of the official is transferred to the state (federal or state). Under certain conditions, the state can take recourse against the official in the internal relationship.
Conditions for claims for official liability
In order for a successful claim to be made for official liability, certain conditions must be met:
1. action by a public official: the damage must have been caused by the action of a public official (civil servant, public sector employee). Persons entrusted with public duties may also be considered public officials.
2. breach of official duty: The public official must have breached his official duties. This can be through active action or omission. The official duties arise from laws, ordinances, service instructions or general service obligations.
3. unlawfulness: the act or omission of the public official must be unlawful. This means that there must be no justifiable reason to legitimize the behavior of the public official.
4. Fault: The public official must have acted negligently or intentionally. Negligence means that the public official has failed to exercise the care required in social intercourse.
5. Causality: There must be a causal connection between the breach of official duty and the damage incurred.
6. damage: there must be specific damage that can be quantified. This includes both material and immaterial damage.
Procedure for claims against public authorities
The process of enforcing claims for damages against the state can involve several steps:
1. assertion of the claim: The aggrieved party must first assert the claim with the responsible public authority (e.g. municipal, state, federal). This is usually done in writing and by presenting all relevant facts and evidence.
2. out-of-court settlement: In many cases, an attempt is made to reach an out-of-court settlement. Settlement negotiations by means of mediation can contribute to this.
3. legal action in a civil court: if an out-of-court settlementfails , the injured party can take legal action in the competent civil court. As a rule, the district court is competent.
4. Burden of proof: The plaintiff, i.e. the injured party, bears the burden of proof for the breach of official duty, the unlawfulness, the fault and the damage. In practice, this can present a considerable hurdle.
5. Limitation: Claims for damages are subject to a limitation period. The general limitation period is three years and begins at the end of the year in which the claim arose and the injured party became aware of the circumstances giving rise to the claimor should have obtained knowledge thereof without gross negligence.
Special features
Exclusions of liability: In some cases, liability may be excluded, for example in the case of activities in the field of legislation or jurisdiction. The so-called "act of sovereignty" applies here, which is exempt from official liability under certain conditions.
State recourse: The state can take recourse internally in the event of gross negligence or intent on the part of the public official, i.e. it can hold the official liable for the damage incurred.
Conclusion
Official liability claims offer citizens an important opportunity to obtain compensation for unlawful and culpable actions by public officials.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.