1st instance:
In the district courts, a professional judge always rules as a single judge. In the regional courts, the composition of the court in the first instance depends on the amount in dispute. If the amount in dispute is less than €100,000, the decision is also always made by a single judge. Otherwise, a three-judge panel decides if this is expressly requested in the complaint (by the plaintiff) or the response (by the defendant).
2nd instance:
In the second instance, both the regional courts and the higher regional courts generally always decide in a 3-judge senate. The only exception is the decision on appeals against decisions on the fees of experts and interpreters—here a single judge decides.
3rd instance:
As a rule, the Supreme Court decides in so-called simple senates consisting of 5 judges. However, it decides in an enlarged senate of 11 judges if there is a legal question of fundamental importance. Such a legal question exists if its solution is of great importance for the legal system, for example because it is of direct legal or economic significance for a large part of the population. Formal matters are decided by a three-judge panel – this applies, for example, to delegation cases.
If decisions are made in senates, an absolute majority of votes is required for the decision, each vote being of equal value. A defective court composition must be asserted at the latest at the beginning of the preparatory hearing, otherwise the defect is cured. If a court is composed in accordance with the rules, this may constitute a ground for nullity.
