Administrative court proceedings; information
You can learn about the administrative court process.
An action can be brought before the administrative court to have an administrative act set aside (action for annulment) or to have a rejected or omitted administrative act enjoined (action for obligation). An action for a declaratory judgment or an action for performance is also possible.
The action may be filed in writing or on the record of the clerk of the court's office (Rechtsantragsstelle). It is possible to file an action in electronic form, provided that the requirements for this are met (see the relevant website of the administrative courts); however, an action cannot be effectively filed by simple e-mail. In the case of an action to set aside or to impose obligations, the action must be filed within one month of service of the notice of opposition or - if no preliminary proceedings are conducted - of notification of the administrative act.
In the areas of training and study support law, home law, child and youth welfare law, child, youth and family support law, war victims' welfare law, severely disabled persons' law, maintenance advance law, housing benefit law, broadcasting fee law and in the context of support under the European Social Fund, an affected person can choose whether to conduct preliminary proceedings or to file an action directly before filing an action to set aside or impose an obligation (in the case of equalization of burdens: the complaint) (so-called optional opposition procedure). In all other areas, an action must be brought immediately; it is not possible to file an objection. The legal remedy against administrative acts can be found in the instructions on legal remedies attached to the respective notices.
The jurisdiction of the administrative courts also extends to disputes relating to youth welfare, war victims' welfare, parts of the law on severely disabled persons, educational assistance and equalization of burdens. Local jurisdiction is generally determined by the seat of the authority issuing the administrative act, the place of residence of the complainant or the seat of the defendant. Special regulations exist for civil servants, for disputes under the Asylum Act, for local rights and for real estate matters.
Source: Social Primer, 21.10.2022
Responsible for editing: Zentrale Redaktion BayernPortal
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