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Administrative court proceedings; filing a complaint with the administrative court

An action can be brought to rescind an administrative act (action for rescission) or to demand the obligation to issue an administrative act that has been rejected or omitted (action for obligation). Actions for declaratory judgment and for performance are also possible.

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Procedure details

Initiation of proceedings

Proceedings are initiated in writing, by letter, fax or in electronic form.

The courts have set up an electronic mailbox for the electronic submission of documents. Electronic documents must either be provided with a qualified electronic signature of the person responsible or simply signed by the person responsible (i.e. with their own name at the end) and 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 lawyers' mailbox (beA) and comparable mailboxes of other professional groups, via the special electronic public authorities 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 carrying out the identification procedure provided for therein.

No legally binding declarations can be sent to the courts by simple e-mail.

Representation

Legal representation by a lawyer is not required before the administrative courts. The citizen concerned can choose to conduct the legal dispute themselves or be represented. Representation can be provided by a lawyer, but also, for example, by an adult family member.

Representation is always mandatory before the Administrative Court and the Federal Administrative Court. Any procedural act not carried out by a lawyer or other legal representative, including the lodging of an appeal, has no effect.

Preparatory proceedings

As soon as the action has been received by the court, a notice of receipt is issued. At the same time, the court requests the plaintiff to substantiate the claim within a certain period of time, if this has not already been done. The court serves the action on the opposing party and asks them to comment and submit the relevant official files. If the opposing party responds in writing, these letters are sent to the plaintiff. The latter can then comment on them. If the court considers further information or statements from a party to be necessary, it will contact that party directly.

Once the court has obtained sufficient information about the case from the exchanged written submissions, a date for an oral hearing is usually set in legal proceedings. If an oral hearing is scheduled, the parties involved are summoned at least two weeks in advance. If they waive the right to an oral hearing, the court can decide in a written procedure.

Oral proceedings

An oral hearing begins when the case is called and the presence of the parties is established. The chairperson then introduces the proceedings. The parties involved have the opportunity to make changes or additions to the facts of the case. Usually, a legal discussion then takes place in which the presiding judge points out the problems of the case. The court can give its preliminary assessment of the factual and legal situation. The parties involved are also given the opportunity to present their legal opinion. The court will include their point of view in its considerations and take it into account when making its decision.

If evidence is taken at the hearing, e.g. by hearing witnesses or experts, the parties may also ask questions themselves after being questioned by the court.

Sometimes a legal discussion reveals that an amicable settlement would be the appropriate solution to the legal dispute instead of a judgment, e.g. because the proceedings involve risks that are difficult to calculate for all parties involved. An amicable settlement can also have advantages in terms of the costs of the proceedings. Alternatively, there is also the option of an amicable settlement of the dispute before the arbitrator, which is a separate procedure.

Consultation and decision

Once all essential aspects have been discussed and the applications have been made, the chairman closes the hearing. The court retires to deliberate and announces a decision either on the same day or at a later date, or sends it to the parties in writing at a later date. After the oral hearing, a record of the hearing is also served.

Proceedings before the administrative courts generally incur costs. A distinction must be made between court costs - court fees and court expenses - and out-of-court costs - in particular lawyers' fees. The amount of the court and lawyer's fees is calculated on the basis of the value in dispute 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 themselves, legal aid may be granted. (see under "Related topics" and "Further links"). This can also be applied for without legal representation.

The court will decide by order whether the requirements are met.

The entire costs of a legal dispute are generally borne by the losing party. In many cases, court fees are due when the lawsuit is filed, which must be advanced by the plaintiff. If the action is successful, the costs are reimbursed.

Deadlines usually have to be observed when filing a complaint or application. As a rule, official decisions can be contested for one month.

Status: 02.08.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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