Appeal procedure (optional); lodging an appeal

In some areas of law, the appeal procedure enables an internal administrative review of the initial decision.

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 information on legal remedies is missing or incorrect, the objection period is one year (Section 70 (2) in conjunction with Section 58 (2) VwGO).

The objection period is determined by applying sections 187 et seq. of the German Civil Code (BGB) accordingly.

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

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 objection procedure is generally subject to costs.

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

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

    Expenses and other costs are only included in the costs of the procedure to the extent that they were necessary. This can only be the case if it was necessary to hire a lawyer in the first place (for details see Art. 80 para. 2 and para. 3 of the Bavarian Administrative Procedure Act).

Legal bases

Remedy

If the objection has no suspensive effect, an application for suspension of enforcement can be made to 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 made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.

Please note: If it concerns the demand for public charges and costs (§ 80 Para. 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 enforcement (§ 80 Para. 6 VwGO).

Links to more information

Status:04.03.2024

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.