Code of Civil Procedure

An appeal against a ruling may be filed against a ruling or order to deny a petition involved in the litigation proceedings, without oral arguments being heard.

An appeal against a ruling may be filed against a ruling or order if this has been issued in a matter that may not be decided through a ruling or order.

A party who disagrees with the judicial decision of an authorized or commissioned judge may file an objection with the court in charge of the case; provided, however, that this applies only if the judicial decision is one that it would be possible to appeal in the form of an appeal against a ruling, if it were the judicial decision of the court in charge of the case.

An appeal may be filed against a judicial decision on an objection as referred to in the preceding paragraph.

To apply the provisions of paragraph (1) if the Supreme Court or a high court is the court in charge of a case, the phrase "the court in charge of the case" in the proviso to that paragraph is deemed to be replaced with "the district court".

A further appeal may be filed against the ruling of the court in charge of an appeal against a ruling, but only on the grounds that the ruling reflects an error in the interpretation of the Constitution or is otherwise unconstitutional, or that a violation of law or regulation has clearly influenced the ruling.

The provisions of Chapter I, unless it is contrary to their nature, apply mutatis mutandis to an appeal against a ruling and to litigation proceedings in the court in charge of an appeal against a ruling; provided, however, that with regard to the appeal against a ruling as referred to in the preceding Article and litigation proceedings for the appeal, the provisions of the preceding Chapter concerning a final appeal against the final judgment of the court of second instance or the court of first instance and concerning litigation proceedings in the final appellate instance apply mutatis mutandis.

An immediate appeal must be filed within an inalterable time frame of one week from the day on which notice of a judicial decision is received.

If the court or presiding judge that has made the judicial decision in the prior instance finds that there are grounds for an appeal against a ruling, the court or the presiding judge must correct that judicial decision.

An appeal against a ruling has the effect of a stay of enforcement, but only if it is filed as an immediate appeal.

The court in charge of an appeal against a ruling or the court or judge that has made the judicial decision in the prior instance may order a stay of enforcement of the judicial decision in the prior instance or any other necessary disposition until the time as a ruling is issued on the appeal against the ruling.

If the court in charge of an appeal against a ruling does not hold oral arguments on in the appeal against the ruling, it may hear the appellant and any other interested party.

A special appeal against a ruling may be filed with the Supreme Court against any ruling or order of a district court or summary court against which no objection may be entered or with regard to the ruling or order of the high court, on the grounds that the ruling or order reflects an error in the interpretation of the Constitution or that it is otherwise unconstitutional.

An appeal against a ruling as referred to in the preceding paragraph must be filed within an inalterable time frame of five days from the day on which notice of the judicial decision is received.

Unless contrary to their nature, provisions on the final appeal and litigation proceedings in the final appellate instance referred to in Article 327, paragraph (1), as well as the provisions of Article 334, paragraph (2), apply mutatis mutandis to an appeal against a ruling as referred to in paragraph (1) and litigation proceedings in such an appeal.

An appeal may be specially filed with the Supreme Court against a ruling or order of the high court (excluding a ruling or order on an appeal against a ruling as referred to in Article 330 or on a petition as referred to in the following paragraph) other than in a case under the provisions of paragraph (1) of the preceding Article, but only if the high court permits it pursuant to the provisions of the following paragraph; provided, however, that this applies only if the judicial decision in question is one that it would be possible to appeal in the form of an appeal against a ruling, if it were the judicial decision of the district court.

Upon petition, the high court referred to in the preceding paragraph must rule to permit an appeal against a ruling in respect of the judicial decision referred to in the preceding paragraph, if it reflects a determination that is inconsistent with Supreme Court precedent (or, if there is no Supreme Court precedent, conflicts with precedent of the former Great Court of Cassation or precedent of the high court as the final appellate court or the court in charge of the appeal against the ruling) or if it is otherwise found to involve matters of material import involving the interpretation of laws and regulations.

The circumstances provided for in paragraph (1) of the preceding Article may not be given as the grounds for the petition in a petition as referred to in the preceding paragraph.

If permission under the provisions of paragraph (2) is granted, the appeal against a ruling as referred to in paragraph (1) is deemed to have been filed.

The Supreme Court may reverse the judicial decision of the prior instance if a violation of law or regulation has clearly influenced the judicial decision.

The provisions of Article 313; Article 315; and paragraph (2) of the preceding Article apply mutatis mutandis to a petition as referred to in paragraph (2); the provisions of Article 318, paragraph (3) apply mutatis mutandis if the court grants the permission under the provisions of paragraph (2); and the provisions of the second sentence of Article 318, paragraph (4) and paragraph (3) of the preceding Article apply mutatis mutandis if the permission under the provisions of paragraph (2) is granted.