Administrative court proceedings; application for interim relief

If you fear that irreparable disadvantages will result, for example, from the enforcement of a challenged administrative act or from the withholding of a requested benefit, you can apply to the court for interim relief.

Description

In urgent cases, it is possible to file an application with the court for the granting of provisional legal protection. The most common types in practice are proceedings under Section 80 (5) and Section 80a VwGO and proceedings for a temporary injunction under Section 123 VwGO.

An application pursuant to Section 80 (5), Section 80a VwGO aims at ordering or restoring the suspensive effect of an appeal (objection or action for annulment). In this way, a citizen who has received an immediately enforceable official decision and has filed a complaint or an appeal against it can prevent this decision from being enforced before the court has reached its final decision.

Alternatively, particularly if an official service or the issuance of an administrative act is sought, an application for the issuance of a temporary injunction by the court may be considered; for example, to secure an existing situation if an affected party would suffer disadvantages that could otherwise no longer be remedied if an immediate measure were not taken.

As a rule, there is no oral hearing in proceedings for interim relief. The judges decide by order without the participation of honorary judges. This ensures rapid decisions.

Deadlines

Applications for provisional legal protection are in principle not subject to a time limit. However, an application under Section 80 (5) and Section 80a VwGO is only admissible until the expiry of the time limit for filing an action against the administrative act whose enforcement is to be prevented.

Fees

  • Proceedings before the administrative courts generally incur costs. A distinction must be made here between court costs - court fees and court expenses - and extrajudicial costs - primarily attorney's fees. The amount of court fees and attorney's fees is calculated on the basis of the amount in dispute as determined by the court. Some court proceedings, such as asylum or youth welfare proceedings, are free of court costs.

    If a party cannot bear the costs of a legal dispute himself, legal aid may be granted. (see "Related topics" and "Further links"). This can also be applied for without legal representation.

    The court decides by order whether the requirements are met.

    As a rule, the entire costs of a legal dispute must be borne by the losing side. In many cases, court fees become due when the action is filed and must be advanced by the plaintiff. If the action is successful, the costs are reimbursed.

Remedy

If the application for provisional legal protection before the Administrative Court remains unsuccessful, an appeal against it may be lodged with the Administrative Court.

Status: 10.08.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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