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Legal representation; representation of the Free State of Bavaria as a party to the proceedings
In all litigation proceedings against the state before the Bavarian Administrative Court and the Federal Administrative Court (Free State of Bavaria as defendant), the State Attorney's Office is the legal representative of the state (exception: Section 3 (3) sentence 3 LABV).
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Procedure details
Description
Each year, we represent around 1,850 cases, primarily appeals and appeals on points of law (including appeal and appeal on points of law proceedings), but also important first-instance proceedings in accordance with Sections 47, 48 and 50 of the German Code of Administrative Procedure (VwGO), i.e. reviews of standards and actions against planning approval decisions for major projects and actions in other high-profile cases.
The outcome of administrative court proceedings is of considerable importance for the state and the coexistence of citizens.
In addition to everyday and routine official decisions (such as the granting of planning permission), many key state decisions or decisions on major projects are also brought before the courts for review.
The relationship between citizens and their state is largely dependent on the extent to which the state's decisions are upheld by independent judges in the event of a dispute.
Legal representation before the Administrative Court and the Federal Administrative Court requires highly specialized legal knowledge - in procedural law as well as in the respective substantive area of law - and in-depth practical court experience. The Free State of Bavaria has therefore concentrated its resources and created a "state law firm" in the form of the Bavarian State Attorney's Office.
Legal bases
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Vollzug der Verordnung über die Landesanwaltschaft Bayern (VollzBekLABV)Bekanntmachung des Bayerischen Staatsministeriums des Innern
Related issues
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Disciplinary proceedings; filing a disciplinary complaint and representation in courtSince January 1, 2006, the Bavarian State Prosecutor's Office has been responsible for matters under the Bavarian Disciplinary Act (BayDG).
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Public interest; representationThe Office of the Public Prosecutor represents public interests in around 250 court proceedings before the Administrative Court and the Federal Administrative Court every year.
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Administrative case law; information and advice for authoritiesThe State Attorney's Office informs the Bavarian authorities about the latest administrative case law, participates in the implementation of procedural findings for the administration and is available to the authorities for all judicial legal questions.
Status: 04.12.2025
Editorially responsible for prodecure description: Landesanwaltschaft Bayern
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