Costs Coverage for Electronic Court Services Implementation: Burden on Bailiffs
In the rapidly evolving digital age, the justice system in North Rhine-Westphalia (NRW), Germany, is facing a significant challenge. The introduction of electronic legal proceedings has brought about additional costs and efforts for bailiffs, a crucial part of the judicial system, which are not being fully covered by the current remuneration.
According to SPD Legal Expert Sonja Bongers, these costs should be reimbursed, a point she emphasized in the Düsseldorf State Parliament. Bailiffs, who perform their duties for the common good and not voluntarily or for personal enjoyment, are incurring extra expenses due to the acquisition of necessary equipment and the operation of electronic legal proceedings.
The need for a new remuneration regulation that incorporates these costs has been highlighted. The current remuneration, solely determined by §§ 1, 2 of the Regulation on the Remuneration of Female and Male Bailiffs, does not sufficiently cover these expenses. In case the remuneration is insufficient, a hardship application can be made according to § 5 GVVergVO.
Times have changed, and technology has progressed, necessitating adaptation in the justice system. The remuneration order for bailiffs, introduced in 2014, did not consider the costs associated with electronic legal proceedings. Clarification is needed on the recurring costs emerging from electronic legal proceedings to be incorporated into a new remuneration regulation.
An official evaluation is needed to assess the one-time costs for acquisitions and office restructurings to be reimbursed. SPD Legal Expert Sonja Bongers has emphasized the need for a quick evaluation and clarification on the costs associated with electronic legal proceedings.
However, up to 2025, the reimbursement of these additional costs depends largely on the legal framework governing enforcement procedures and electronic case management in Germany. Generally, bailiffs may claim reimbursement for necessary expenses incurred during enforcement, but whether additional costs from electronic proceedings are reimbursed might vary by state regulations and recent legal provisions.
For the precise current status in NRW—such as updates to the Gebührenordnung or specific state regulations on electronic execution procedures (Elektronische Zwangsvollstreckung)—consultation of the NRW Ministry of Justice announcements or the official Gebührenverzeichnis für Gerichtsvollzieher (fee schedule for bailiffs) would be required.
If you need assistance in finding relevant legal texts or official updates specific to NRW's bailiff cost reimbursement policies related to digital or electronic legal proceedings, I can help.
- The additional costs incurred by bailiffs due to the introduction of electronic legal proceedings in the business of financing justice, such as the acquisition of necessary equipment, are not being fully covered by the current remuneration regulation.
- In order to address this issue, a new remuneration regulation for bailiffs should be implemented, one that takes into account the costs associated with electronic legal proceedings in business and finance.
