Administrative court proceedings; application for interim relief
It usually takes some time before the court decides on an action. If you fear that irreparable disadvantages will result, for example, from the enforcement of an administrative act that has been challenged or from the withholding of a benefit that you are seeking, you can apply to the court for interim relief.
In urgent cases, it is possible to file an application with the court for the granting of interim relief. The most common types in practice are the proceedings pursuant to Section 80 (5), Section 80a VwGO and the proceedings for a temporary injunction pursuant to Section 123 VwGO.
An application pursuant to § 80 (5), § 80a VwGO aims at ordering or restoring the suspensive effect of an appeal (opposition or action for annulment). In this way, a citizen who has received an immediately enforceable official decision and has filed a complaint or an objection against it can prevent this decision from being enforced before the final decision of the court.
Alternatively, in particular if an official service or the issuing of an administrative act is sought, the application for the issuing of a temporary injunction by the court can be considered; for example, to secure an existing situation if a person affected would suffer disadvantages which 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.
Applications for interim relief are in principle not subject to a time limit. However, an application pursuant to § 80 (5), § 80a VwGO is only admissible until the expiry of the time limit for bringing an action against the administrative act the enforcement of which is to be prevented.
Proceedings before the administrative courts generally incur costs. A distinction must be made between court costs - court fees and court expenses - and extrajudicial costs - mainly lawyers' fees. The amount of court fees and lawyers' 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 under "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 lawsuit are to be borne by the losing side. In many cases, court fees become due when the action is filed, and these must be advanced by the plaintiff. If the action is successful, the costs are reimbursed.
If the application for interim relief before the Administrative Court is unsuccessful, an appeal may be lodged with the Administrative Court.
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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