Against the decisions of the enforcement court, appeal method (Regional Court of Justice) is open.
Duration
- 7 days from the notification of the decision of the enforcement court
- 10 days for some decisions
Court of Appeal
- Regional Court of Justice (BAM)
- Decision review (evidence + legal)
- Decides or sends back
Appeal Path
- Appeals are open in enforcement files with certain exceptions (Supreme Court)
- Most enforcement court decisions become final in BAM
Types of Enforcement Court Decisions
- Complaint decisions
- Appeal removal
- Termination of the tender
- Requisition case decisions
- Evacuation decision
Decision Correction
- There is no way to decision correction against the BAM decision (as a rule)
- Some files can be examined after the appeal decision of the General Assembly of Law
Supreme Court HGK
HGK accepts that enforcement court decisions are open to appeal, but that "simple trial" aims for a quick solution and that particular care should be taken during the appeal period.
Practical Tips
- Do not miss the deadline (7 days short)
- Petition of appeal legal and technical (lawyer required)
- Request for stay of execution can be done
Enforcement lawyer recommended.