Germany - competent authorities (Art. 8, 33)

Authorities having jurisdiction under Article 33 of the Convention:

Regarding the consultation procedure under Article 33 of the Convention, the local court (adult guardianship court (Betreuungsgericht)) in whose district a higher regional court has its seat has jurisdiction over the district of that higher regional court (concentration of jurisdiction).

The Schöneberg local court in Berlin has jurisdiction over the district of the higher regional court of Berlin. The Karlsruhe local court has jurisdiction over the districts of the higher regional courts of Stuttgart and Karlsruhe.

Local jurisdiction lies with the adult guardianship court (Betreuungsgericht) responsible for the area where the requesting authority recommends the adult be placed.

Authorities having jurisdiction under Article 8 of the Convention:

Requests pertaining to Article 8 of the Convention are to be directed to the competent local court (adult guardianship court (Betreuungsgericht).

The court that has jurisdiction is:

a) the adult guardianship court (Betreuungsgericht) responsible for the appointment if a guardian has already been appointed for the adult in Germany, otherwise

b) the adult guardianship court (Betreuungsgericht) in whose district the adult has his or her habitual residence*, otherwise

c) the adult guardianship court (Betreuungsgericht) in whose district the need for assistance arises;

d) if jurisdiction cannot be determined according to a), b) or c) above and the adult is German, then Schöneberg local court in Berlin has jurisdiction.

If proceedings are pending before an adult guardianship court (Betreuungsgericht) regarding a decision on the recognition or non-recognition of a measure under Article 23 of the Convention, a declaration of enforceability of a measure under Article 25 of the Convention or consultations under Article 33 of the Convention, then this adult guardianship court (Betreuungsgericht) will as a rule also have jurisdiction over further proceedings regarding the protection of the adult in question.
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* Since Article 8 pertains to cases where the adult has his or her habitual residence or is present in the requesting State, the preconditions in letter b) will usually not be met.


(This page was last updated on 5 November 2009)

Conventions (incl. Protocols and Principles)