4 ms·
They don't have to follow it but leading decisions (Grundsatzentscheidungen) still influence how a lower court judge might interpret the same law. Based on prov
by kuerbel 4mo ago
They don't have to follow it but leading decisions (Grundsatzentscheidungen) still influence how a lower court judge might interpret the same law. Based on providing legal certainty instead of stare decisis though. It's not a must, more of an... aid
- isaacfrond 4mo agoThis is not such a decision though; it's a first instance decision at a lower court.
- 9dev 4mo agoStill - a judge on another case will probably factor this one into their decision, but if they have a radically different view or the case is sufficiently different, they could just as well come to a different conclusion.