Dienstleistungsportal Bayern

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 the proceedings under Section 80 (5), Section 80a VwGO and the proceedings for a temporary injunction under Section 123 VwGO.

Proceedings can be initiated in writing, by letter, fax or in electronic form. The courts have each set up an electronic mailbox for the electronic submission of documents. Electronic documents must either have a qualified electronic signature of the person responsible or be simply signed by the person responsible (i.e., have his or her own name at the end) and be submitted via a secure transmission channel. In addition to the use of a sender-confirmed DE-Mail, secure transmission channels include the transmission of electronic documents to the electronic mailroom of the court via the special electronic lawyer's mailbox (beA), via the special electronic public authority mailbox (beBPo), the electronic citizens' and organizations' mailbox (eBO), and via the user accounts within the meaning of the Online Access Act, in each case after the identification procedure provided for therein has been carried out. No legally binding declarations can be transmitted to the courts by simple e-mail.

An application pursuant to Section 80 (5), Section 80a VwGO is aimed 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, especially 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.