Opposition procedure (optional); filing an opposition

The appeal procedure allows for an internal administrative review of the initial decision in some areas of law.

Description

Prerequisites

none

Deadlines

The objection pursuant to Section 70 (1) VwGO must be lodged within one month of notification of the decision.

If the notice of appeal is missing or incorrect, the period for lodging an objection shall be one year (Section 70 (2) in conjunction with Section 58 (2) VwGO).

The objection period shall be determined by analogous application of Sections 187 et seq. of the German Civil Code (BGB).

If the last day of the objection period falls on a Saturday, Sunday or public holiday, the period shall not end until the following working day at midnight (Section 193 of the BGB mutatis mutandis).

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • The opposition proceedings are generally subject to costs.

    Who has to bear the costs (fees and expenses) depends on the extent to which the opposition was successful (Art. 80 (1) Bavarian Administrative Procedure Act; Section 155 (1) VwGO analogously).

    The regulations on the amount of the fees can be found in the Cost Act (KG), in particular in Art. 9 KG.

    Expenses and other expenses only count as costs of the proceedings insofar as they were necessary. Lawyer's fees can only be included if it was necessary to hire a lawyer in the first place (for details, see Art. 80 (2) and (3) of the Bavarian Administrative Procedure Act).

Legal bases

Remedy

If the objection does not have a suspensive effect, an application for suspension of execution can be filed with the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be filed with the competent Bavarian Administrative Court pursuant to Section 80 (5) VwGO.

Caution: If the request concerns public charges and costs (Section 80 (2) Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of execution (Section 80 (6) VwGO).

Links to more information

Status:29.12.2023

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

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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
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.