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

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 "Related links"). This can also be applied for without legal representation.

    The court decides by order whether the requirements are met.

    The entire costs of a legal dispute are generally 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:02.08.2023

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

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