Administrative court proceedings; information

Description

The jurisdiction of the administrative courts also extends to disputes arising from youth welfare, the welfare of war victims, parts of the law on severely disabled persons, the promotion of education and the equalisation of burdens. As a rule, local jurisdiction is determined by the seat of the authority issuing the administrative act, the domicile of the complainant or the seat of the defendant. Special regulations exist, among others, for civil servants, for disputes under the Asylum Act, local rights and for real estate matters.

An action before the Administrative Court may, for example, be brought to have an administrative act set aside (action for annulment) or to have a rejected or omitted administrative act enjoined (action for an order to pay damages). An action for a declaratory judgment or an action for performance is also possible. The action may be brought 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 complied with (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 an action to impose obligations, the action must be brought 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 promotion law, home law, child and youth welfare law, child, youth and family promotion law, war victims' welfare law, severely disabled persons' law, maintenance advance law, housing benefit law, broadcasting licence fee law and in the context of promotion under the European Social Fund, an affected person may choose whether to conduct preliminary proceedings or to bring an action directly before bringing an action to set aside or to impose an obligation (in equalisation 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 opposition. Which legal remedy against administrative acts is admissible can be found in the instructions on legal remedies attached to the respective notices.

For further information on administrative court proceedings, see Administrative Court Proceedings , Filing an Actionwith the Administrative Court

Administrative Court Code

Status: 24.06.2022

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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