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Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO)

“Code of Administrative Court Procedure in the version of the promulgation of 19 March 1991 (Federal Law Gazette I page 686), most recently amended by Article 9 of the Act of 22 December 2010 (Federal Law Gazette I page 2248)”

Translation provided by the Federal Ministry for Justice and Neil Mussett and reproduced with kind permission.


Table of Contents

Part I Courts constitution

1st Chapter Courts

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7 to 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14

2nd Chapter Judges

Section 15
Section 16
Section 17
Section 18

3rd Chapter Honorary judges

Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31

4th Chapter Representative of the public interest

Section 32
Section 33
Section 34
Section 35
Section 36
Section 37

5th Chapter Court administration

Section 38
Section 39

6th Chapter Recourse to the administrative courts and jurisdiction

Section 40
Section 41
Section 42
Section 43
Section 44
Section 44a
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 51
Section 52
Section 53

Part II Procedure

7th Chapter General procedural provisions

Section 54
Section 55
Section 55a
Section 55b
Section 56
Section 56a
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 67a

8th Chapter Special provisions for rescissory and enforcement actions

Section 68
Section 69
Section 70
Section 71 Hearing
Section 72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 80a
Section 80b

9th Chapter Proceedings at first instance

Section 81
Section 82
Section 83
Section 84
Section 85
Section 86
Section 86a
Section 87
Section 87a
Section 87b
Section 88
Section 89
Section 90
Section 91
Section 92
Section 93
Section 93a
Section 94
Section 95
Section 96
Section 97
Section 98
Section 99
Section 100
Section 101
Section 102
Section 103
Section 104
Section 105
Section 106

10th Chapter Judgments and other rulings

Section 107
Section 108
Section 109
Section 110
Section 111
Section 112
Section 113
Section 114
Section 115
Section 116
Section 117
Section 118
Section 119
Section 120
Section 121
Section 122

11th Chapter Interim order

Section 123

Part III Appeals and resumption of the proceedings

12th Chapter Appeal on points of fact and law

Section 124
Section 124a
Section 125
Section 126
Section 127
Section 128
Section 128a
Section 129
Section 130
Section 130a
Section 130b
Section 131

13th Chapter Appeal on points of law

Section 132
Section 133
Section 134
Section 135
Section 136
Section 137
Section 138
Section 139
Section 140
Section 141
Section 142
Section 143
Section 144
Section 145

14th Chapter Complaint, reminder, complaint regarding a hearing

Section 146
Section 147
Section 148
Section 149
Section 150
Section 151
Section 152
Section 152a

15th Chapter Resumption of the proceedings

Section 153 Surplus sharing

Part IV Costs and execution

16th Chapter Costs

Section 154
Section 155
Section 156
Section 157
Section 158
Section 159
Section 160
Section 161
Section 162
Section 163
Section 164
Section 165
Section 165a
Section 166

17th Chapter Execution

Section 167 Conversion to qualify for exemption from attachment
Section 168 Termination of the contract by the policyholder
Section 169 Surrender value
Section 170 Right of subrogation
Section 171 Deviating agreements
Section 172 Insurer’s liability

Part V Final and transitional provisions

Section 173
Section 174
Section 175 to 177
Section 178 and 179
Section 180
Section 181 and 182
Section 183
Section 184
Section 185
Section 186
Section 187
Section 188
Section 189
Section 190
Section 191
Section 192
Section 193
Section 194
Section 195


Part I – Courts constitution

1st Chapter – Courts

Section 1

Administrative jurisdiction shall be exercised by independent courts separated from the administrative authorities.

Sections 2

Courts of administrative jurisdiction in the Länder shall be the Administrative Courts and one Higher Administrative Court each, in the Federation they shall be the Federal Administrative Court, which shall have its seat in Leipzig.

Section 3

(1) The law shall order

1. the establishment and dissolution of an Administrative Court or of a Higher Administrative Court,

2. the relocation of the seat of a court,

3. changes to the boundaries of judicial districts,

4. the allocation of particular areas of work to one administrative court to serve the judicial districts of several administrative courts,

4a) the allocation of sets of proceedings in which territorial jurisdiction is determined in accordance with section 52 No. 2 first, second or fourth sentence, to another administrative court or to several administrative courts of the Land,

5. the establishment of individual chambers of the administrative court or of individual senates of the Higher Administrative Court at other locations,

6. the passing to another court of sets of proceedings which are pending in the course of the measures described in Nos. 1, 3, 4 and 4a if jurisdiction is not to be determined in accordance with the previously valid provisions.

(2) A number of Länder may agree to establish a joint court or joint adjudication bodies of a court, or may agree to the extension of judicial districts across Landborders, including solely for particular areas of work.

Section 4

The provisions of Title II of the Courts Constitution Act (Gerichtsverfassungsgesetz) shall apply mutatis mutandis to the courts of administrative jurisdiction. The members and three deputies of the panel of judges with jurisdiction for rulings in accordance with section 99, subsection 2, shall be determined by the Presidium, in each case for the duration of four years. The members and their deputies must be judges with life tenure.

Section 5

(1) The administrative court shall be composed of the President and the Presiding Judges and the necessary number of further judges.

(2) Chambers shall be formed at the administrative court.

(3) The chamber of the administrative court shall rule composed of three judges and two honorary judges unless an individual judge adjudicates. The honorary judges shall not be involved in orders outside the oral hearing and with summary decisions (section 84).

Section 6

(1) The chamber should as a rule assign the legal dispute to one of its members as an individual judge for a ruling if

1. the case does not show any particular factual or legal difficulties, and

2. the case has no fundamental significance.

A judge on probation may not sit as an individual judge within the first year of his/her appointment.

(2) The legal dispute may not be assigned to the individual judge if an oral hearing has already taken place before the chamber, unless a judgment subject to reservation, a partial or interim judgment has been handed down in the ensuing period.

(3) The individual judge may remit the dispute to the chamber after hearing those concerned if it emerges from a major alteration to the procedural situation that the case has fundamental significance or the case shows particular factual or legal difficulties. Re-assignment to the individual judge shall be ruled out.

(4) Orders in accordance with subsections 1 and 3 shall not be contestable. An appeal may not be based on failure to assign.

Section 7 to 8

(repealed)

Section 9

(1) The Higher Administrative Court shall be composed of the President and the Presiding Judges and the necessary number of further judges.

(2) Senates shall be formed at the Higher Administrative Court.

(3) The senates of the Higher Administrative Court shall rule composed of three judges; Land legislation may provide that the senates rule composed of five judges, two of whom may also be honorary judges. It may also be provided for cases falling under section 48, subsection 1, that the senates rule composed of five judges and two honorary judges. The second half of the first sentence and the second sentence shall not apply to cases falling under section 99, subsection 2.

(4)

Section 10

(1) The Federal Administrative Court shall be composed of the President and the Presiding Judges and the necessary number of further judges.

(2) Senates shall be formed at the Federal Administrative Court.

(3) The senates of the Federal Administrative Court shall rule composed of five judges; with orders outside the oral hearing, it shall rule composed of three judges.

Section 11

(1) A Grand Senate shall be formed at the Federal Administrative Court.

(2) The Grand Senate shall rule if a senate wishes to derogate in a legal question from the ruling of another senate or of the Grand Senate.

(3) Submission to the Grand Senate shall only be admissible if the senate from whose ruling a derogation is to be made has declared on request from the senate of decision that it adheres to its legal opinion. If the senate from whose ruling a derogation is to be made because of an alteration to the business schedule can no longer be seized with the legal question, the senate shall replace it which according to the business schedule would now have jurisdiction for the case in which a derogating ruling was handed down. The respective senate shall rule on the enquiry and the response by order in the composition required for judgments.

(4) The senate of decision may submit a question of fundamental significance to the Grand Senate for a ruling if this is necessary in its view to refine the law or to ensure uniform case-law.

(5) The Grand Senate shall consist of the President and one judge from each of the senates for appeal on points of law not chaired by the President. If a senate which is not a senate for appeal on points of law makes a submission, or if its ruling is to be derogated from, a member of this senate shall also be represented in the Grand Senate. In the event of the President being unable to attend, he/she shall be substituted by a judge of the senate to which he/she belongs.

(6) The members and the deputies shall be appointed by the Presidium for one business year. This shall also apply to the member of another senate in accordance with subsection 5, second sentence, and to his/her deputy. The Grand Senate shall be chaired by the President, and by the most senior member if he/she is prevented from attending. The Chairman shall have the casting vote in the event of a tie.

(7) The Grand Senate shall rule only on the legal question. It may rule without an oral hearing. Its ruling shall be binding for the senate of decision in the instant case.

Section 12

(1) The provisions of section 11 shall apply mutatis mutandis to the Higher Administrative Court insofar as it rules finally on a matter of Land law. The senates for appeal on points of fact and law formed in accordance with this Code shall replace the senates for appeal on points of law.

(2) If a Higher Administrative Court consists only of two senates for appeal on points of fact and law, the Grand Senate shall be replaced by the United Senates.

(3) Land law may determine a derogating composition of the Grand Senate.

Section 13

A registry shall be established at each court. It shall be occupied with the necessary number of clerks.

Section 14

All courts and administrative authorities shall provide legal and administrative assistance to the courts of administrative jurisdiction.

2nd Chapter – Judges

Section 15

(1) The judges shall be appointed for life unless provided otherwise in sections 16 and 17.

(2) (repealed)

(3) The judges of the Federal Administrative Court must have reached the age of thirty-five.

Section 16

At the Higher Administrative Court and at the administrative courts judges of other courts who have been appointed for life and full professors of law may be appointed as judges in subsidiary office for a fixed period of at least two years, but at most for the duration of their main office.

Section 17

Judges on probation or judges may be deployed at the administrative courts by commission.

Section 18

3rd Chapter – Honorary judges

Section 19

Honorary judges shall take part in oral hearings and in reaching a judgment with equal rights as judges.

Section 20

An honorary judge must be a German. He/she should have reached the age of 25 and have his/her place of residence within the court district.

Section 21

(1) The following shall be excluded from holding the office of honorary judge

1. individuals who as a result of a judicial ruling do not have capacity to exercise public office or have been sentenced to more than six months’ imprisonment because of an intentional offence,

2. individuals against whom the charge has been lodged in respect of an offence which may entail loss of capacity to exercise public office,

3. individuals who are not eligible to vote for the legislative bodies of the Land.

(2) Individuals who have fallen into financial collapse should not be appointed as honorary judges.

Section 22

The following may not be designated as honorary judges

1. members of the Federal Parliament (Bundestag), of the European Parliament, of the legislative bodies of a Land, of the Federal Government or of a Land Government,

2. judges,

3. civil servants and salaried employees in the public service if they do not act on an honorary basis,

4. professional soldiers and voluntary regular soldiers,

4a. (repealed)

5. lawyers, notaries and individuals who look after third-party legal matters on a commercial basis.

Section 23

(1) The following may reject nomination to the office of honorary judge

1. clergy and church officers,

2. lay judges and other honorary judges,

3. individuals who have served for two terms as honorary judges at courts of general administrative jurisdiction,

4. physicians, nurses, midwives,

5. heads of pharmacies who do not employ another pharmacist,

6. individuals who have reached the standard age limit in accordance with Book Six of the Social Code (Sozialgesetzbuch).

(2) It is furthermore possible to be released from acceptance of the office on request in special hardship cases.

Section 24

(1) An honorary judge shall be released from his/her office if he/she

1. could not be nominated in accordance with sections 20 to 22, or can no longer be nominated, or

2. has grossly violated his/her official duties, or

3. asserts a ground for rejection in accordance with section 23, subsection 1, or

4. no longer has the mental or physical capacity required to exercise his/her office, or

5. gives up his/her place of residence in the court district.

(2) It is furthermore possible to be released from the further exercise of the office on request in special hardship cases.

(3) The decision shall be taken by a senate of the Higher Administrative Court in the cases falling under subsection 1, Nos. 1, 2 and 4 on request by the President of the administrative court, and in cases falling under subsection 1, Nos. 3 and 5 and subsection 2 on request by the honorary judge. The decision shall be handed down by order after hearing the honorary judge. It shall not be contestable.

(4) Subsection 3 shall apply mutatis mutandis in cases falling under section 23, subsection 2.

(5) On request by the honorary judge, the decision in accordance with subsection 3 shall be rescinded by the senate of the Higher Administrative Court if a charge had been filed in accordance with section 21 No. 2 and the accused has been finally placed outside prosecution or acquitted.

Section 25

Honorary judges shall be elected for five years.

Section 26

(1) A committee shall be established at each administrative court to elect the honorary judges.

(2) The committee shall consist of the President of the administrative court as its chair, an administrative civil servant designated by the Land Government and seven trusted third party as associate judges. The trusted third parties, as well as seven deputies, shall be selected from among the residents of the district of the administrative court by the Land Parliament or by a Land Parliament committee designated by the latter or in accordance with a Land statute. They must meet the preconditions for nomination as honorary judges. The Land Governments are empowered via a legal ordinance to regulate the competence for the designation of the administrative civil servant in derogation from the first sentence. They may assign this empowerment to supreme Land authorities. In the cases coming under section 3, subsection 2, competence for the designation of the administrative civil servant, as well as of the Land for the selection of the trusted third parties, shall be determined in accordance with the seat of the court. The Land legislature can provide in these cases that each Land Government involved seconds an administrative civil servant to the committee and that each Land involved nominates at least two trusted third parties.

(3) The committee shall be quorate if at least the Presiding Judge, one administrative civil servant and three trusted third parties are present.

Section 27

The number of honorary judges required for each administrative court shall be determined by the President such that each can be anticipated to be called on to attend a maximum of twelve ordinary session days per year.

Section 28

The districts and cities not associated with a districtshall draft a list of proposals for honorary judges every five years. The committee shall determine for each district and for each city not associated with a districtthe number of individuals to be included in the list of proposals. Here, twice as many as the honorary judges required in accordance with section 27 are to be taken as a basis. The consent of two-thirds of the members of the representative body of the district or of the city not associated with a districtpresent, but at least half the statutory number of members, shall be required for inclusion in the list. The respective regulations governing the passing of resolutions by the representative body shall remain unaffected thereby. In addition to the name, the lists of proposals should also contain the place of birth, the date of birth and the profession of the nominee; they shall be conveyed to the President of the competent administrative court.

Section 29

(1) The committee shall select the requisite number of honorary judges from the lists of proposals with a majority of at least two-thirds of the votes.

(2) The previous honorary judges shall remain in office until the new election takes place.

Section 30

(1) The Presidium of the administrative court shall determine prior to the commencement of the business year the sequence in which the honorary judges are to be called in to the sessions.

(2) For the calling in of deputies in case of unforeseeable inability to attend, an auxiliary list can be made up of honorary judges who live in or close to the seat of the court.

Section 31

(repealed)

Section 32

The honorary judge and the trusted third party (section 26) shall receive compensation in accordance with the Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz).

Section 33

(1) An administrative fine may be imposed on an honorary judge who fails to appear at a session on time without a sufficient excuse or who otherwise evades his/her duties. At the same time, he/she may be charged with the costs incurred by virtue of his/her conduct.

(2) The decision shall be taken by the Presiding Judge. If a subsequent excuse is provided, he/she may rescind this in full or in part.

Section 34

Sections 19 to 33 shall apply mutatis mutandis to the honorary judges at the Higher Administrative Court if the Land legislature has determined that honorary judges are involved at this court.

4th Chapter – Representative of the public interest

Section 35

(1) The Federal Government shall appoint a Representative of the Interests of the Federation at the Federal Administrative Court and shall establish him/her in the Federal Ministry of the Interior. The Representative of the Interests of the Federation at the Federal Administrative Court may attend any proceedings before the Federal Administrative Court; this shall not apply to proceedings before the armed forces senates. He/she shall be bound by the instructions of the Federal Government.

(2) The Federal Administrative Court shall afford to the Representative of the Interests of the Federation at the Federal Administrative Court the opportunity to make a statement.

Section 36

(1) A representative of the public interest may be appointed at the Higher Administrative Court and at the administrative court, in accordance with a legal ordinance of the Land Government. Here, he/she can be tasked with representing the Land or Land authorities in general terms or for certain cases.

(2) Section 35, subsection 2, shall apply mutatis mutandis.

Section 37

(1) The Representative of the Interests of the Federation at the Federal Administrative Court and his/her full-time staff of the higher administrative service must have qualification for judicial office or fulfil the preconditions of section 110, first sentence, of the German Judiciary Act (Deutsches Richtergesetz).

(2) The representative of the public interest at the Higher Administrative Court and at the administrative court must have qualification for judicial office in accordance with the German Judiciary Act; section 174 shall remain unaffected thereby.

5th Chapter – Court administration

Section 38

(1) The President of the court shall exercise service supervision of judges, civil servants, salaried employees and wage-earners.

(2) The superior service supervision authority for the administrative court shall be the President of the Higher Administrative Court.

Section 39

The Court may not be assigned any administrative business outside court administration.

6th Chapter – Recourse to the administrative courts and jurisdiction

Section 40

(1) Recourse to the administrative courtsshall be availablein all public-law disputes of a non-constitutional nature insofar as the disputes are not explicitly allocated to another court by a federal statute. Public-law disputes in the field of Land law may also be assigned to another court by a Land statute.

(2) Recourse shall be available to the ordinary courts for property claims from sacrifice for the public good and from public-law deposit, as well as for compensation claims from the violation of public-law obligations which are not based on a public-law contract; this shall not apply to disputes regarding the existence and amount of a compensation claim in the context of Article 14, subsection 1, second sentence, of the Basic Law (Grundgesetz). The special provisions of civil service law, as well as those on legal recourse to compensate for property disadvantages for withdrawal of unlawful administrative acts, shall remain unaffected.

Section 41

(repealed)

Section 42

(1) The rescission of an administrative act (rescissory action), as well as sentencing to issue a rejected or omitted administrative act (enforcement action) can be requested by means of an action.

(2) Unless otherwise provided by law, the action shall only be admissible if the plaintiff claims that his/her rights have been violated by the administrative act or its refusal or omission.

Section 43

(1) The establishment of the existence or non-existence of a legal relationship or of the nullity of an administrative act may be requested by means of an action if the plaintiff has a justified interest in the establishment being made soon (action for a declaratory judgment).

(2) The establishment cannot be requested insofar as the plaintiff may pursue or could have pursued his/her rights by reformatory action or application for an injunction. This shall not apply if the establishment of the nullity of an administrative act is requested.

Section 44

Several requests pursued by court action may be pursued by the plaintiff together in one action if they address the same defendant, they are in one context and the same court has jurisdiction for them.

Section 44a

Appeals against procedural acts by authorities may only be asserted at the same time as appeals which are admissible against the factual decision. This shall not apply if official procedural acts may be executed or are handed down against a party which is not involved.

Section 45

The administrative court shall adjudicate at first instance on all disputes for which recourse to the administrative courtsis available.

Section 46

The Higher Administrative Court shall adjudicate on the rights of

1. appeal on points of fact and law against judgments of the administrative court,

2. complaint against other decisions of the administrative court, and

3. (repealed).

Section 47

(1) The Higher Administrative Court shall adjudicate on application within the bounds of its jurisdiction on the validity of

1. by-laws issued under the provisions of the Federal Building Code (Baugesetzbuch) and of statutory orders issued on the basis of section 246, subsection 2, of the Federal Building Code,

2. other legal provisions ranking below the statutes of a Land, to the extent that this is provided in Land law.

(2) Applications may be made by any natural person or body corporate claiming to have been aggrieved by the legal provision or its application, or that he/she will be aggrieved within the foreseeable future, or by any public authority within one year of announcement of the legal provision. It shall be directed against the corporation, institution or foundation which issued the legal provision. The Higher Administrative Court may grant to the Land and other bodies corporate under public law whose competence is touched by the legal provision an opportunity to be heard on the matter within a specified period of time. Section 65, subsections 1 and 4, and section 66 shall apply mutatis mutandis.

(2a) The application by a natural person or body corporate relating to a land-use plan or to statutes in accordance with section 34, subsection 4, first sentence, Nos. 2 and 3 or section 35, subsection 6, of the Federal Building Code shall be inadmissible if the person lodging the application has only made objections which he/she did not make when publicly available for inspection (section 3, subsection 2, of the Federal Building Code) or in the consultation of the interested public (section 13, subsection 2, No. 2 and section 13a, subsection 2, No. 1 of the Federal Building Code) or made late, but could have made, and if notice has been drawn to this legal consequence in the consultation.

(3) The Higher Administrative Court shall not examine the compatibility of a legal provision with Land law where it is provided in law that the legal provision is subject to review exclusively by the constitutional court of a Land.

(4) Where proceedings to review the validity of a legal provision are pending at a constitutional court, the Higher Administrative Court may order the suspension of the proceedings until such time as the case has been concluded by the constitutional court.

(5) The Higher Administrative Court shall adjudicate by handing down a judgment or, if it does not consider oral proceedings to be necessary, shall hand down an order. Should the Higher Administrative Court come to the conclusion that the legal provision is invalid, it shall declare it to be null and void; in this case, the ruling shall be generally binding, and the respondent shall be required to publish the ruling in exactly the same manner as the legal provision would be required to be made public. Section 183 shall apply mutatis mutandis in respect of the effect of the decision.

(6) On application the court may issue a temporary injunction where this is urgently required in order to avert the creation of serious disadvantages or for other compelling reasons.

Section 48

(1) The Higher Administrative Court shall rule at first instance on all disputes concerning

1. the construction, operation, occupation in any other form, changes to and the closure, safe enclosure and demolition of structures within the meaning of sections 7 and 9a, subsection 3, of the Atomic Energy Act (Atomgesetz),

2. the treatment, processing and other utilisation of nuclear fuels outside plant of the types described in section 7 of the Atomic Energy Act (section 9 of the Atomic Energy Act) and major deviations or major changes within the meaning of section 9, subsection 1, second sentence, of the Atomic Energy Act and the storage of nuclear fuels outside state custody (section 6 of the Atomic Energy Act),

3. the construction and operation of, and alterations to, power stations utilising furnaces for solid, liquid or gaseous fuels with a furnace heat output of more than 300 megawatts,

4. plan approval procedures for the erection and operation or alteration of high-voltage overhead power cables with a nominal voltage of 110,000 volts or more, earth and marine cables each with a nominal voltage of 110,000 volts or gas supply pipes with a diameter of more than 300 millimetres, as well as the alteration of their routing,

5. procedures for the construction and operation of, and major alterations to, fixed structures for the incineration or thermal decomposition of waste with an annual throughput (effective capacity) in excess of 100,000 tonnes, and of fixed structures which are used partly or wholly for the temporary or permanent storage of waste materials within the meaning of section 41 of the Recycling and Waste Act (Kreislaufwirtschafts- und Abfallgesetz),

6. the construction, extension or alteration and the operation of commercial airports and of airfields with reduced restrictions on construction in the surrounding area,

7. project approval procedures for the construction or the alteration of new sections of tram, magnetic suspension trains and public railway routes and for the construction or the alteration of shunting yards and container terminals,

8. project approval procedures for the construction of, or changes to federal highways,

9. project approval procedures for the construction or the extension of federal waterways.

The first sentence shall also apply to disputes arising out of permissions which are issued in place of project approval, as well as to disputes regarding all and any approvals and permissions required for the project, including those concerning ancillary facilities which are either spatially or operationally linked to the project. The Länder may provide by law that the Higher Administrative Court shall adjudicate at first instance on disputes concerning putting into possession in cases described in the first sentence.

(2) The Higher Administrative Court shall adjudicate additionally at first instance on actions brought against prohibitions of association issued by a supreme Landauthority under section 3, subsection 2, No. 1 of the Associations Act (Vereinsgesetz) and on directions issued under section 8, subsection 2, of the Associations Act.

(3) (repealed)

Section 49

The Federal Administrative Court shall rule on

1. appeals on points of law against judgments of the Higher Administrative Court under section 132,

2. appeals on points of law against judgments of administrative courts under sections 134 and 135,

3. complaints under section 99, subsection 2, and section 133, subsection 1, of this Act, and under section 17a, subsection 4, fourth sentence, of the Courts Constitution Act.

Section 50

(1) The Federal Administrative Court shall rule at first and last instance on

1. public law disputes which are not of a constitutional nature between the Federation and the Länder and between individual Länder,

2. actions brought against prohibitions of associations made by the Federal Minister of the Interior under section 3, subsection 2, No. 2 of the Associations Act and directions issued under section 8, subsection 2, first sentence, of the Associations Act,

3. regarding disputes against expulsion orders in accordance with section 58a of the Residence Act (Aufenthaltsgesetz) and their implementation,

4. actions arising from dossiers within the ambit of the Federal Intelligence Service,

5. on actions against measures and decisions in accordance with section 44a of the Members of the Bundestag Act (Abgeordnetengesetz) and the rules of conduct for Members of the German Bundestag,

6. with regard to all and any disputes related to project approval procedures and plan approval procedures for projects designated in the General Rail Act (Allgemeines Eisenbahngesetz), the Federal Highways Act (Bundesfernstraßengesetz), the Federal Waterways Act (Bundeswasserstraßengesetz), the Transmission Line Extension Act (Energieleitungsausbaugesetz) or the Magnetic Suspension Train Planning Act (Magnetschwebebahnplanungsgesetz).

(2) (repealed)

(3) Where the Federal Administrative Court finds a dispute heard under subsection 1 No. 1 to be of a constitutional nature, it shall refer the matter to the Federal Constitutional Court for adjudication.

Section 51

(1) In cases where the prohibition of an entire association has been ordered under section 5, subsection 2, of the Associations Act rather than prohibition of only one part of the association, any proceeding on an action brought by this part of the association against its prohibition shall be suspended until such time as a decision has been made on an action brought against prohibition of the entire association.

(2) A ruling handed down by the Federal Administrative Court shall be binding upon the Higher Administrative Courts in those cases described in subsection 1.

(3) The Federal Administrative Court shall inform the Higher Administrative Courts of any action brought by an association under section 50, subsection 1, No. 2.

Section 52

The following shall apply to territorial jurisdiction:

1. In disputes regarding immovable property or a local entitlement or legal relationship, territorial jurisdiction shall lie solely with the administrative court within whose district the assets or the site are located or the local entitlement applies.

2. In the case of a rescissory action brought against an administrative act issued by a federal authority or a federally incorporated body, institution or foundation under public law, territorial jurisdiction shall lie with the administrative court within whose district the seat of the federal authority, corporation, institution or foundation is located, subject to Nos. 1 and 4. This shall apply equally in the case of actions for mandatory injunction of an administrative act in those cases covered by the first sentence. In disputes under the Asylum Procedure Act (Asylverfahrensgesetz), however, territorial jurisdiction shall lie with the administrative court within whose district the foreigner is obliged to reside under the Asylum Procedure Act; where territorial jurisdiction cannot be established by this criterion, it shall be determined in accordance with No. 3. Territorial jurisdiction for actions brought against the Federation in territories falling under the jurisdiction of the Federal Republic of Germany’s diplomatic and consular representations shall lie with the administrative court whose district contains the seat of the Federal Government.

3. In the case of all other rescissory actions, the territorial jurisdiction subject to Nos. 1 and 4 shall lie with the administrative court within whose district the administrative act was issued. Where this act was issued by a public authority whose sphere of competence extends over the judicial districts of a number of administrative courts, or by a joint public authority acting on behalf of several or all of the Länder, jurisdiction shall lie with the administrative court within whose district the aggrieved party has its seat or place of residence. In the absence of either of the latter within the province of the public authority, jurisdiction shall be determined in accordance with No. 5. In the case of rescissory actions brought against administrative acts issued by an office for university admissions commissioned by the Länder, however, territorial jurisdiction shall lie with the administrative court within whose district this office has its seat. This shall also apply in respect of actions for a mandatory injunction in those cases described in the first, second and fourth sentences.

4. For all actions arising out of continuing or previous terms of employment as a civil servant, as a judge or during compulsory or voluntary military service or civilian service (replacing military service), and for disputes concerning the origin of such terms of employment, territorial jurisdiction shall lie with the administrative court within whose district the plaintiff or respondent has his/her place of residence for purposes of employment, or, failing that, his place of residence. Should the plaintiff or respondent have neither a place of residence for purposes of employment or place of residence within the province of the authority which issued the original administrative act, territorial jurisdiction shall lie with the administrative court within whose district this public authority has its seat. The first and second sentences shall apply mutatis mutandis to actions brought under section 79 of the Act on the Regulation of Legal Relationships of Persons Falling under Article 131 of the Basic Law (Gesetz zur Regelung der Rechtsverhältnisse der unter Artikel 131 des Grundgesetzes fallenden Personen).

5. In all other cases, territorial jurisdiction shall lie with the administrative court within whose district the defendant has its seat, his/her place of residence, or failing this his/her place of abode, or previously had his/her place of residence or place of abode.

Section 53

(1) The competent court within the jurisdiction of the administrative courts shall be determined by the next highest court

1. if, in a particular case, the court which would normally have jurisdiction is prevented for reasons either of law or of fact from exercising its jurisdiction,

2. where there is uncertainty with regard to the boundaries of various judicial districts as to which court has jurisdiction to hear the dispute,

3. where the place of jurisdiction is determined in accordance with section 52 and a number of courts are to be considered,

4. where a number of courts have finally and conclusively declared themselves to have jurisdiction,

5. where a number of courts, one of which has jurisdiction to hear the dispute, have finally and conclusively declared themselves not to have jurisdiction.

(2) Where territorial jurisdiction cannot be settled under Section 52, the court with jurisdiction shall be determined by the Federal Administrative Court.

(3) Every party in a legal dispute, and every court involved in the dispute, may appeal to the next highest instance or to the Federal Administrative Court. The court to which appeal has been made may rule without an oral hearing.

Part II – Procedure

7th Chapter – General procedural provisions

Section 54

(1) Sections 41 to 49 of the Code of Civil Procedure (Zivilprozeßordnung) shall apply mutatis mutandis to the exclusion and rejection of court officials.

(2) Anyone shall also be excluded from exercising the office of judge or honorary judge who was involved in the previous administrative proceedings.

(3) Concern about partiality in accordance with section 42 of the Code of Civil Procedure shall always be well-founded if the judge or honorary judge belongs to the representation of a body whose interests are affected by the proceedings.

Section 55

Sections 169, 171a to 198 of the Courts Constitution Act regarding publicity, court officers, language of the court, deliberations and voting shall apply mutatis mutandis.

Section 55a

(1) Those concerned may convey electronic documents to the court insofar as this has been permitted for the respective jurisdiction by legal ordinance of the Federal Government or of the Land Governments. The legal ordinance shall determine the time from when documents may be conveyed to a court in electronic form, as well as the nature in which electronic documents are to be submitted. A qualified electronic signature in accordance with section 2 No. 3 of the Signature Act (Signaturgesetz) shall be prescribed for documents which are equivalent to a document to be signed in writing. In addition to the qualified electronic signature, another secure procedure may also be permitted which safeguards the authenticity and the integrity of the electronic document conveyed. The Land Governments may transfer the empowerment to the supreme Land authorities responsible for administrative jurisdiction. Permission of electronic conveyance may be restricted to individual courts or sets of proceedings. The legal ordinance of the Federal Government shall not require the consent of the Bundesrat.

(2) An electronic document shall be deemed to have been received by the court if it has been conveyed in the manner determined by the legal ordinance in accordance with subsection 1, first and second sentences, and if the facility designated for reception has recorded it. The provisions of this Act regarding the enclosure of duplicates for the other persons concerned shall not apply. If the document does not meet the requirements, this shall be notified to the sender without delay, stating the technical conditions applicable to the court.

(3) Insofar as hand signing by the judge or the clerk of the registry is prescribed, this form shall be satisfied by recording as an electronic document if the responsible persons add their name at the end of the document and affix to the document a qualified electronic signature in accordance with section 2 No. 3 of the Signature Act.

Section 55b

(1) The procedural files may be kept in electronic form. The Federal Government and the Land Governments shall determine in each case for their remit by legal ordinance the time from when the procedural files are kept in electronic form. The legal ordinance shall establish the organisational and technical conditions for the creation, maintenance and storage of the electronic files. The Land Governments may transfer empowerment to the supreme Land authorities responsible for administrative jurisdiction. The admission of the electronic file can be restricted to individual courts or sets of proceedings. The legal ordinance of the Federal Government shall not require the approval of the Bundesrat.

(2) Documents which do not comply with the form in which the file is kept shall be converted to the corresponding form and included in the file in this form unless the legal ordinance in accordance with subsection 1 provides otherwise.

(3) The original documents shall be retained at least until the final conclusion of the proceedings.

(4) If a document that has been submitted in paper form has been converted into an electronic document, this must contain a note as to when and by whom the conversion was carried out. If an electronic document has been converted into paper form, the printout must contain a note as to the result yielded by the integrity check of the document, the individual who is identified by the signature check as the owner of the signature and the time the signature check shows for affixing the signature.

(5) Documents which have been drafted in accordance with subsection 2 shall be taken as a basis of the proceedings unless grounds exist to doubt their concurrence with the submitted document.

Section 56

(1) Orders and rulings by which a deadline period is initiated, as well as deadlines and subpoenas, shall be served, in case of a pronouncement however only if it is explicitly prescribed.

(2) Service shall be carried out ex officio in accordance with the provisions of the Code of Civil Procedure.

(3) Whoever does not live in Germany shall, on demand, appoint a proxy-holder for service.

Section 56a

(1) If identical announcements are required to be served to more than fifty individuals, the court may order for the further procedure announcement by public notification. The order must determine in which daily newspapers the announcements are to be published; here, daily newspapers shall be provided for which are disseminated in the area in which the decision is likely to impact. The order shall be served on those concerned. Those concerned shall be notified by what means the further announcements will be made and when the document is deemed to have been served. The order shall not be contestable. The court may rescind the order at any time; it must rescind it if the preconditions of the first sentence did not apply or no longer apply.

(2) The public announcement shall be effected by affixing on the court’s notice board, or by posting in an electronic information system which is publicly accessible in the court, and by publication in the electronic Federal Gazette, as well as in the daily newspapers designated in the order in accordance with subsection 1, second sentence. It may additionally be effected in an information and communication system designated by the court for announcements. With regard to rulings, the public announcement of the ruling and the information about the appeal shall be sufficient. Instead of the document to be announced, an announcement may be made public stating where the document may be inspected. A deadline or subpoena must be publicly announced in its full wording.

(3) The document shall be considered to have been served on the day on which two weeks have passed since the day of publication in the Federal Gazette; this shall be indicated in each publication. After the public announcement of a ruling, those concerned may request a copy in writing; this shall also be indicated in the publication.

Section 57

(1) Unless otherwise determined, a deadline period shall be initiated on service or, if this is not prescribed, on publication or pronouncement.

(2) The provisions contained in sections 222, 224 subsections 2 and 3, sections 225 and 226 the Code of Civil Procedure shall apply to the periods.

Section 58

(1) The deadline period for an appeal or another legal remedy shall only be initiated if the party concerned has been informed in writing or in electronic form of the appeal, the administrative authority or the court at which the appeal is to be lodged, the seat and the deadline to be adhered to.

(2) If the information has not been provided or has been incorrectly provided, the lodging of the appeal shall only be permissible within one year of service, publication or pronouncement, unless submission was impossible prior to expiry of the year’s deadline period as a result of force majeure, or a written or electronic notification took place that an appeal was not possible. Section 60, subsection 2, shall apply mutatis mutandis to the case of force majeure.

Section 59

If a federal authority issues a written or electronic administrative act which is subject to challenge, a declaration shall be enclosed by means of which the party concerned is informed of the appeal that is admissible against the administrative act, of the agency at which the appeal is to be submitted, and of the deadline.

Section 60

(1) If someone was unable to adhere to a statutory deadline without fault, he/she shall be granted restitutio in integrum on request.

(2) The application shall be filed within two weeks of the cessation of the obstacle; if the deadline for the period granted to provide reasoning for the appeal on points of fact and law, of the application to admit the appeal on points of fact and law, the appeal on points of law, the complaint against non-admission or the complaint is missed, the deadline period shall be one month. The facts for reasoning of the application shall be credibly demonstrated in filing the application or in the proceedings on the application. The omitted legal act shall be subsequently performed within the application deadline. If this has taken place, restitution may also be granted without an application.

(3) After one year since the end of the missed deadline, the application shall be inadmissible unless the application was impossible prior to expiry of the year’s deadline as a result of force majeure.

(4) The court which has to rule on the omitted legal act shall rule on restitution.

(5) Restitution shall be incontestable.

Section 61

The following shall be able to take part in the proceedings

1. natural persons and bodies corporate,

2. associations insofar as they can be entitled to a right,

3. authorities insofar as the Land law thus provides.

Section 62

(1) The following shall be able to effect procedural acts

1. parties who are capable of contracting in accordance with civil law,

2. parties who are restricted in their legal competence in accordance with civil law insofar as they are recognised by provisions of civil or public law as being capable of contracting for the subject-matter of the proceedings.

(2) If an reservation of consent in accordance with section 1903 of the Civil Code relates to the subject-matter of the proceedings, a person placed under care who is capable of contracting shall only be able to carry out procedural acts insofar as, in accordance with the provisions of civil law, he/she may act without the consent of the custodian or is recognised by provisions of public law as having capacity to act.

(3) For associations, as well as for authorities, their legal representatives and boards shall act.

(4) Sections 53 to 58 the Code of Civil Procedure shall apply mutatis mutandis.

Section 63

The following shall be concerned by the proceedings

1. the plaintiff,

2. the defendant,

3. the subpoenaed party (section 65), and

4. the Representative of the Interests of the Federation at the Federal Administrative Court or the representative of the public interest, if he/she avails him/herself of his/her empowerment to participate.

Section 64

The provisions of sections 59 to 63 the Code of Civil Procedure on the joinder of parties shall apply mutatis mutandis.

Section 65

(1) As long as the proceedings have not yet been finally concluded or are pending at a higher instance, the court may subpoena others ex officio or on request whose legal interests are affected by the ruling.

(2) If third parties are involved in the contentious legal relationship such that the ruling can also only be imposed on them uniformly, they shall be subpoenaed (necessary subpoena).

(3) If the subpoena of more than fifty persons is considered in accordance with subsection 2, the court may order by issuing an order that only those persons are subpoenaed who so apply within a certain period. The order shall be incontestable. It shall be announced in the electronic Federal Gazette. It must furthermore be published in daily newspapers which are disseminated in the area in which the ruling is likely to exert an impact. The announcement may additionally take place in an information and communication system designated by the court for announcements. The deadline period must be at least three months from publication in the electronic Federal Gazette. The publication in daily newspapers shall state on which date the deadline expires. Section 60 shall apply mutatis mutandis to restitutio in integrum in the event of the deadline being missed. The court should subpoena persons who are recognisably particularly affected by the ruling, also without request.

(4) The subpoena order shall be served on all concerned. The state of the matter and the reason for the subpoena should be stated here. The subpoena shall be incontestable.

Section 66

The subpoenaed party may independently assert means of attack and defence and implement all procedural acts effectively within the requests of a person concerned. He/she may only lodge derogating factual motions if a necessary subpoena exists.

Section 67

(1) Those concerned may themselves pursue the dispute before the administrative court.

(2) Those concerned may seek representation as a proxy-holder by an attorney or a law teacher at a state or state-recognised institution of higher education of a Member State of the European Union, of another Contracting Party to the Agreement on the European Economic Area or Switzerland who has qualification for judicial office. Over and above this, only the following shall be empowered to represent the person concerned as a proxy-holder before the administrative court

1. employees of the person concerned or of an enterprise affiliated therewith (section 15 of the Companies Act [Aktiengesetz]); authorities and bodies corporate under public law, including the associations formed by them to fulfil their public tasks, can also be represented by employees of other authorities or bodies corporate under public law, including the combinations formed by them to implement their public tasks,

2. adult family members (section 15 of the Tax Code [Abgabenordnung] and section 11 of the Civil Partnerships Act [Lebenspartnerschaftsgesetz]), persons with qualification for judicial office and joint litigants if the representation is not connected to a for-a-fee activity,

3. tax advisers, tax consultants, chartered accountants and sworn public accountants, persons and associations within the meaning of section 3a of the Tax Advice Act (Steuerberatungsgesetz), as well as enterprises within the meaning of section 3 Nos. 2 and 3 of the Tax Advice Act acting through persons within the meaning of section 3 No. 1 of the Tax Advice Act, in fiscal matters,

4. agricultural professional associations for their members,

5. trade unions and associations of employers, as well as combinations of such associations for their members or for other associations or combinations with comparable orientations and their members,

6. associations whose tasks according to their statutes largely comprise the joint representation of interests, advice and representation of the beneficiaries in accordance with the law on social compensation or persons with disabilities and which, taking account of the nature and extent of their activities, as well as of their group of members offer an assurance of proper procedural representation for their members in matters related to care for the victims of war and of the law on persons with serious disabilities, as well as the matters related thereto,

7. bodies corporate all of whose shares are in the economic ownership of one of the organisations designated in Nos. 5 and 6 if the body corporate implements exclusively legal advice and court representation of this organisation and of its members or of other associations or combinations with a comparable orientation and their members in accordance with their statutes, and if the organisation is liable for the activity of the proxies.

Proxies who are not natural persons shall act through their organs and representatives empowered to represent in proceedings.

(3) The court shall reject proxies who are not empowered to represent in accordance with subsection 2 by incontestable order. Procedural acts by a proxy-holder not empowered to represent and services on or communications to this proxy-holder shall be effective until the latter is rejected. The court may prohibit the proxy-holder designated in subsection 2, second sentence, Nos. 1 and 2 by a non-contestable order to effect the further representation if he/she is unable to properly present the facts and the dispute.

(4) Those concerned must be represented before the Federal Administrative Court and the Higher Administrative Court by an authorised legal representative, apart from in legal aid proceedings. This shall also apply to procedural acts by means of which proceedings are initiated before the Federal Administrative Court or a Higher Administrative Court. Only the persons designated in subsection 2, first sentence, shall be admitted as proxies. Authorities and bodies corporate under public law, including the combinations formed to carry out their public tasks, may be represented by own employees with qualification for judicial office or by employees with qualification for judicial office of other authorities or bodies corporate under public law, including the combinations formed to carry out their public tasks. The organisations designated in subsection 2, second sentence, No. 5, including the bodies corporate formed by them in accordance with subsection 2, second sentence, No. 7, shall also be admitted as proxies before the Federal Administrative Court, but only in matters relating to the legal circumstances within the meaning of section 52 No. 4, in staff representation matters and in matters which are related to a current or prior employment relationship of employees within the meaning of section 5 of the Labour Court Act (Arbeitsgerichtsgesetz), including examination matters. The proxies designated in the fifth sentence must act through persons with qualification for judicial office. The persons and organisations designated in subsection 2, second sentence, Nos. 3 to 7 shall also be admitted as proxies before the Higher Administrative Court. A person concerned who is entitled to represent in accordance with the third, fifth and seventh sentences may represent him/herself.

(5) Judges may not act as proxies before the court to which they belong. Other than in cases falling under subsection 2, second sentence, No. 1, honorary judges may not appear before a panel of judges to which they belong. Subsection 3, first and second sentences, shall apply mutatis mutandis.

(6) The proxy shall be submitted in writing for the record on the court records. It can be submitted subsequently; the court may set a deadline for this. The lack of a proxy may be asserted at any stage of the proceedings. The court shall take account of the lack of a proxy ex officio unless an attorney acts as proxy-holder. If a proxy-holder has been appointed, service of documents or communications of the court shall be addressed to him/her.

(7) Those concerned may appear in the hearing with counsel. Counsel can be who in proceedings in which those concerned may carry on the dispute themselves is empowered to represent as a proxy-holder in the hearing. The court may admit other persons as counsel if this is expedient and a need exists therefor in accordance with the circumstances of the individual case. Subsection 3, first and third sentences, and subsection 5, shall apply mutatis mutandis. What is submitted by counsel shall be deemed to have been submitted by those concerned unless it is immediately revoked or corrected by the latter.

Section 67a

(1) If more than twenty persons are involved in a dispute in the same interest without being represented by an authorised legal representative, the court may instruct them by means of an order to appoint a joint proxy-holder within a suitable period if the proper processing of the dispute would otherwise be impaired. If those concerned do not appoint a joint proxy-holder within the deadline set for them, the court may appoint an attorney as a joint representative by order. Those concerned may carry out procedural acts only via the joint proxy-holder or deputy. Orders in accordance with the first and second sentences shall not be contestable.

(2) The power of attorney shall expire as soon as the deputy or the represented party declares such to the court in writing or for the record before the clerk of the registry; the deputy may only submit the declaration with regard to all represented parties. If the represented party submits such a declaration, the power of attorney shall only expire if the appointment of another proxy-holder is notified at the same time.

8th Chapter – Special provisions for rescissory and enforcement actions

Section 68

(1) Prior to lodging a rescissory action, the lawfulness and expedience of the administrative act shall be reviewed in preliminary proceedings. Such a review shall not be required if a statute so determines, or if

1. the administrative act has been handed down by a supreme federal authority or by a supreme Land authority, unless a statute prescribes the review, or

2. the remedial notice or the ruling on an objection contains a grievance for the first time.

(2) Subsection 1 shall apply mutatis mutandis to the enforcement action if the motion to carry out the administrative act has been rejected.

Section 69

The preliminary shall proceedings begin on the lodging of the objection.

Section 70

(1) The objection shall be lodged in writing within one month after the administrative act has been announced to the aggrieved party, in writing or for the record of the authority which has carried out the administrative act. The deadline shall also be deemed to have been adhered to by virtue of its being lodged with the authority which has to issue the ruling on an objection.

(2) Sections 58 and 60, subsections 1 to 4, shall apply mutatis mutandis.

Section 71 Hearing

If the rescission or amendment of an administrative act is linked in the objection proceedings with a grievance for the first time, the person concerned should be heard prior to issuing the remedial notice or the ruling on an objection.

Section 72

If the authority considers the objection to be well-founded, it shall remedy it and rule on the costs.

Section 73

(1) If the authority does not remedy the objection, a ruling on the objection shall be handed down. This shall be issued by

1. the next higher authority unless another higher authority is determined by law,

2. if the next higher authority is a federal or supreme Land authority, the authority which has issued the administrative act,

3. in self-administration matters the self-administration authority unless otherwise determined by law.

Derogating from the second sentence, No. 1, it can be determined by law that the authority which has issued the administrative act is also competent for the decision on the objection.

(2) Provisions in accordance with which commissions or advisory boards replace an authority in the preliminary proceedings of subsection 1 shall remain unaffected. In derogation from subsection 1 No. 1, the commissions or advisory boards may also be formed in the authority which has issued the administrative act.

(3) The ruling on an objection shall be reasoned, supplemented with a notice on appeals and served. Service shall be effected ex officio in accordance with the provisions of the Administration Service Act (Verwaltungszustellungsgesetz). The ruling on the objection shall also determine who is to pay the costs.

Section 74

(1) The rescissory action must be lodged within one month of service of the ruling on the objection. If in accordance with section 68 a ruling on an objection is not required, the action must be lodged within one month of announcement of the administrative act.

(2) Subsection 1 shall apply mutatis mutandis to the enforcement action if the application to carry out the administrative act has been rejected.

Section 75

If with regard to an objection or an application to carry out an administrative act it has not been decided on the merits within a suitable period without sufficient reason, the action shall be admissible in derogation from section 68. The action may not be lodged prior to the expiry of three months after the lodging of the objection or since the filing of the application to carry out the administrative act, unless a shorter period is required because of special circumstances of the case. If an adequate reason applies why the objection has not yet been ruled on or the requested administrative act has not yet been carried out, the court shall suspend the proceedings until expiry of a deadline set by it, which can be extended. If the objection is admitted within the deadline set by the court or the administrative act carried out within this deadline, the main case shall be declared to have been settled.

Section 76

(repealed)

Section 77

(1) All provisions of federal law in other statutes regarding objection or complaint proceedings shall be substituted by the provisions of the present chapter.

(2) The same shall apply to provisions of Land law regarding objection or complaint proceedings as a precondition for an action to the administrative courts.

Section 78

(1) The action shall be addressed

1. against the Federation, the Land or the body whose authority has issued the impugned administrative act or omitted the requested administrative act; designating the authority shall be sufficient to state the defendant,

2. insofar as Land law so determines, against the authority itself which has issued the impugned administrative act or omitted the requested administrative act.

(2) If a ruling has been handed down on an objection which contains a grievance for the first time (section 68, subsection 1, second sentence, No. 2), the authority within the meaning of subsection 1 shall be the objection authority.

Section 79

(1) The subject-matter of the rescissory action shall be

1. the original administrative act in the shape it has assumed through the ruling on an objection,

2. the notice on a remedy or ruling on an objection if this contains a grievance for the first time.

(2) The ruling on an objection can also be the sole subject-matter of the rescissory action if and insofar as it contains an additional separate grievance vis-à-vis the original administrative act. An additional grievance shall also be deemed to be constituted by the violation of a major procedural provision insofar as the ruling on an objection is based on this violation. Section 78, subsection 2, shall apply mutatis mutandis.

Section 80

(1) An objection and a rescissory action shall have suspensive effect. This shall also apply to constitutive and declaratory administrative acts, as well as to administrative acts with a double effect (section 80a).

(2) The suspensive effect shall only fail to apply

1. if public charges and costs are called for,

2. with non-postponable orders and measures by police enforcement officers,

3. in other cases prescribed by a federal statute or for Land law by Land statute, in particular for objections and actions on the part of third parties against administrative acts relating to investments or job creation,

4. in cases in which immediate execution is separately ordered by the authority which has issued the administrative act or has to decide on the objection in the public interest or in the overriding interest of a party concerned.

The Länder may also determine that appeals do not have a suspensive effect insofar as they address measures taken in administrative execution by the Länder in accordance with federal law.

(3) In cases falling under subsection 2 No. 4, the special interest in immediate execution of the administrative act shall be reasoned in writing. No special reasoning shall be required if the authority takes an emergency measure designated as such in the public interest where a delay is likely to jeopardise the success, in particular with impending disadvantages for life, health or property as a precautionary measure.

(4) The authority which has issued the administrative act or which has to decide on the objection may suspend execution in cases falling under subsection 2 unless otherwise provided by federal law. Where public charges and costs are called for, it may also suspend execution for a security. Suspension should take place with public charges and costs if serious doubts exist with regard to the lawfulness of the impugned administrative act or if implementation would lead to unreasonable hardship for the party obliged to pay the charges or costs not required by overriding public interests.

(5) On request, the court dealing with the main case may completely or partly order the suspensive effect in cases falling under subsection 2 Nos. 1 to 3, and may restitute it completely or partly in cases falling under subsection 2 No. 4. The request shall already be admissible prior to filing of the rescissory action. If the administrative act has already been implemented at the time of the decision, the court may order the rescission of implementation. The restitution of the suspensive effect may be made dependent on the provision of a security or on other instructions. It may also be time-limited.

(6) In cases falling under subsection 2 No. 1, the request in accordance with subsection 5 shall only be admissible if the authority has completely or partly rejected a request to suspend implementation. This shall not apply if

1. the authority has not decided de facto on the request within a reasonable period without stating an adequate reason, or

2. execution is impending.

(7) The court dealing with the main case may amend or rescind orders regarding requests in accordance with subsection 5 at any time. Each party concerned may request an amendment or rescission because of altered circumstances or because of circumstances not asserted in the original proceedings without fault.

(8) The presiding judge may decide in urgent cases.

Section 80a

(1) If a third party submits an appeal against the administrative act addressing another and favouring the latter, the authority may

1. on request by the beneficiary, order immediate implementation in accordance with section 80, subsection 2, No. 4,

2. on request by the third party, in accordance with section 80, subsection 4, suspend implementation and take interim measures to secure the rights of the third party.

(2) If a party concerned submits an appeal against an administrative act which poses a burden on it in favours of a third party, the authority may order immediate execution on request by the third party in accordance with section 80, subsection 2, No. 4.

(3) The court may, on request, alter or rescind measures in accordance with subsections 1 and 2 or take such measures. Section 80, subsections 5 to 8, shall apply mutatis mutandis.

Section 80b

(1) The suspensive effect of the objection and of the rescissory action shall end on non-contestability or, if the rescissory action has been rejected at first instance, three months after expiry of the statutory deadline for reasoning of the appeal available against the negative decision. This shall also apply if execution by the authority has been suspended or the suspensive effect has been reinstated or ordered by the court, unless the authority has suspended execution until it becomes incontestable.

(2) The Higher Administrative Court may order on request that the suspensive effect continues.

(3) Section 80, subsections 5 to 8, and section 80a shall apply mutatis mutandis.

9th Chapter – Proceedings at first instance

Section 81

(1) The action shall be lodged with the court in writing. It may also be lodged at the administrative court for the record of the clerk of the registry.

(2) Duplicates for the other parties concerned should be enclosed with the action and all written statements on proviso of section 55a, subsection 2, second sentence.

Section 82

(1) The action must designate the plaintiff, the defendant and the subject-matter of what is at stake in the action. It should contain a specific motion. The facts and evidence serving as reasoning should be stated; the original or a duplicate of the impugned order and the ruling on an objection should be enclosed.

(2) If the action does not meet these requirements, the presiding judge or the competent professional judge (reporting judge) in accordance with section 21g of the Courts Constitution Act shall call on the plaintiff to provide the required supplement within a specific period. He/she may set a deadline to the plaintiff for the supplement with exclusive effect if one of the requirements named in subsection 1, first sentence, is not met. Section 60 shall apply mutatis mutandisto restitutio in integrum.

Section 83

Sections 17 to 17b of the Courts Constitution Act shall apply mutatis mutandis to factual and territorial jurisdiction. Orders in accordance with section 17a, subsections 2 and 3, of the Courts Constitution Act shall not be contestable.

Section 84

(1) The court may rule by means of a summary decision without an oral hearing if the case does not show any particular factual or legal difficulties and the facts have been clarified. Those concerned shall be heard in advance. The provisions regarding judgments shall apply mutatis mutandis.

(2) Within one month of service of the summary decision, those concerned may

1. submit an appeal on points of fact and law if it has been admitted (section 124a),

2. apply for admission of the appeal on points of fact and law or an oral hearing; if use is made of both appeals, an oral hearing shall take place,

3. submit an appeal on points of law if it has been admitted,

4. submit a complaint against non-admission or request an oral hearing if the appeal on points of law has not been admitted; if use is made of both appeals, an oral hearing shall take place,

5. request an oral hearing if an appeal is not available.

(3) The summary decision shall have the effect of a judgment; if an oral hearing is requested in good time, it shall be deemed not to have been issued.

(4) If an oral hearing is requested, the court may in the judgment refrain from a further rendering of the facts and of the reasoning for the decision insofar as it concurs with the reasoning contained in the summary decision and establishes this in its decision.

Section 85

The presiding judge shall order the action to be served on the defendant. At the same time as service, the defendant shall be called upon to make a written statement; section 81, subsection 1, second sentence, shall apply mutatis mutandis. A deadline may be set for this.

Section 86

(1) The court shall investigate the facts ex officio; those concerned shall be consulted in doing so. It shall not be bound to the submissions and to the motions for the taking of evidence of those concerned.

(2) A motion for the taking of evidence made in the oral hearing may only be rejected by a court order, which shall require to be reasoned.

(3) The presiding judge shall endeavour to ensure that formal errors are remedied, unclear requests explained, proper motions made, inadequate factual information supplemented, as well as all declarations submitted which are material to the establishment and judgment of the facts.

(4) Those concerned should submit written statements to prepare the oral hearing. The presiding judge can call on them to do so, setting a deadline. The written statements shall be communicated to those concerned ex officio.

(5) The originals or duplicates of the certificates or electronic documents to which reference is made shall be enclosed in full or in part with the written statements. If the certificates or electronic documents are already known to the opponent or are very extensive, the precise designation shall be sufficient, coupled with the offer to grant inspection in the court.

Section 86a

(repealed)

Section 87

(1) The presiding judge or the reporting judge shall already issue all orders prior to the oral hearing that are necessary in order to deal with the dispute where possible in one oral hearing. He/she may in particular

1. subpoena those concerned to discuss the facts and the dispute and to reach an amicable settlement of the dispute and accept a settlement;

2. instruct those concerned to supplement or explain their prepared written statements, submit certificates, transmit electronic documents and submit other objects for deposit with the court, in particular set a deadline to explain certain points that are in need of clarification;

3. obtain information;

4. order the submission of certificates or the transmission of electronic documents;

5. order the personal appearance of those concerned; section 95 shall apply mutatis mutandis;

6. subpoena witnesses and experts to the oral hearing.

7. (repealed)

(2) Those concerned shall be informed of each order.

(3) The president or the reporting judge may take individual items of evidence. This may only take place insofar as it is expedient to simplify the hearing before the court and it can be presumed from the outset that the court is able to appreciate the result of the evidence properly, even without obtaining a direct impression of the course of the taking of evidence.

Section 87a

(1) The presiding judge shall decide if the decision is taken in the preparatory proceedings

1. on the suspension and the stay of the proceedings;

2. in the case of the withdrawal of the action, waiver of the asserted claim or acknowledgement of the claim, also regarding an application for legal aid;

3. in the case of the dispute being settled in the main case, also on an application for legal aid;

4. regarding the value at dispute;

5. regarding costs;

6. on the subpoena.

(2) With the consent of those concerned, the presiding judge may also rule in place of the chamber or of the senate.

(3) If a reporting judge has been appointed, he/she shall rule in place of the presiding judge.

Section 87b

(1) The presiding judge or the reporting judge may set the plaintiff a deadline to state the facts by whose consideration or non-consideration in the administrative procedure he/she considers him/herself to have been aggrieved. The deadline set in accordance with the first sentence may be combined with the deadline set in accordance with section 82, subsection 2, second sentence.

(2) The presiding judge or the reporting judge can instruct a party concerned, setting a deadline, with regard to certain events

1. to state facts or designate items of evidence,

2. to submit certificates or other moveables and to transmit electronic documents insofar as the party concerned is obliged to do so.

(3) The court may reject declarations and items of evidence which are not submitted until after expiry of a deadline set in accordance with subsections 1 and 2 and rule without any further investigations if

1. in the freely-formed conviction of the court its admission would delay the conclusion of the dispute, and

2. the party concerned does not provide sufficient excuses for the lateness, and

3. the party concerned has been notified of the consequences of missing the deadline.

The excuse shall be credibly demonstrated on request by the court. The first sentence shall not apply if it is possible with slight effort to ascertain the facts without the cooperation of the party concerned.

Section 88

The court may not go beyond what is requested in the action, but is not bound by the version of the motions.

Section 89

(1) A counteraction can be lodged at the court of the action if the counterclaim is linked with the claim asserted in the action or with the means of defence submitted against it. This shall not apply if another court has jurisdiction in cases coming under section 52 No. 1 for the action because of the counterclaim.

(2) A counteraction shall be ruled out with rescissory and enforcement actions.

Section 90

(1) The matter at dispute shall become pending by the action being lodged.

(2) (repealed)

(3) (repealed)

Section 91

(1) An alteration to the action shall be admissible subject to the consent of the other parties concerned or if the court considers the alteration to be expedient.

(2) The defendant shall be presumed to have consented to the alteration of the action if the defendant, without contradicting it, has commented on the altered action in a written statement or in an oral hearing.

(3) The ruling that an alteration to the action had not been submitted or admitted shall not be separately challengeable.

Section 92

(1) The plaintiff may withdraw his/her action until such a time as the judgment gains legal force. Withdrawal after making the applications in the oral hearing shall be conditional on the consent of the defendant and, if a representative of the public interest has attended the oral hearing, also consent of the latter. Consent shall be deemed to have been given if the withdrawal of the action is not contradicted within two weeks since service of the written statement containing the withdrawal; the court shall indicate this consequence.

(2) The action shall be deemed to have been withdrawn if the plaintiff does not pursue the proceedings for more than two months despite being called on by the court to do so. Subsection 1, second and third sentences, shall apply mutatis mutandis. The plaintiff shall be referred in the call to the legal consequences emerging from the first sentence and from section 155, subsection 2. The court shall find by order that the action is deemed to have been withdrawn.

(3) If the action has been withdrawn, or if it is deemed to have been withdrawn, the court shall discontinue the proceedings by order and announce the legal consequences of withdrawal emerging from this Act. The order shall be incontestable.

Section 93

The court may, by order, join several sets of proceedings pending with it regarding the same subject-matter to a joint hearing and decision and separate them once more. It may order that several claims lodged in one set of proceedings are deliberated and ruled on in separate sets of proceedings.

Section 93a

(1) If the lawfulness of an official measure is the subject-matter of more than twenty sets of proceedings, the court may carry out one or several suitable sets of proceedings in advance (model proceedings) and suspend the other sets of proceedings. Those concerned shall be heard in advance. The order shall be incontestable.

(2) If a final ruling has been handed down with regard to the proceedings that have been carried out, the court may after hearing those concerned rule on the suspended proceedings by order if it holds unanimously that the cases do not have any major particularities of a factual or legal nature in comparison with other finally-ruled-on model proceedings and facts have been clarified. The court may introduce evidence in model proceedings that has been taken; it may at its discretion order the repeated questioning of a witness or a new expert report by the same or different expert witnesses. The court may refuse motions for the taking of evidence on facts on which evidence has already been taken in the model proceedings if its admission in its free conviction would not contribute to proof of new facts that are material to the ruling and would delay the settling of the dispute. Rejection may take place in the ruling in accordance with the first sentence. Those concerned shall have recourse to the appeal against the order in accordance with the first sentence that would be permissible if the court had ruled by judgment. Those concerned shall be notified of this appeal.

Section 94

If the ruling on the dispute depends completely or partly on the existence or non-existence of a legal relationship which forms the subject-matter of another pending dispute or is to be established by an administrative authority, the court may order that the hearing is to be suspended until the other dispute has been settled, or until the decision by the administrative authority.

Section 95

(1) The court may order a party concerned to attend in person. In the event of non-attendance, it may threaten an administrative fine just as against a witness who did not appear at the questioning hearing. In the event of culpable non-attendance, the court shall establish the threatened administrative fine by order. Threat and establishment of the administrative fine may be repeated.

(2) If the party concerned is a body corporate or an association, the administrative fine shall be threatened on the party entitled to represent in accordance with the law or statutes, and imposed on him/her.

(3) The court may instruct a public-law corporation or authority concerned to second a civil servant or employee to attend the oral hearing who is to be equipped with written proof of power of attorney and who is sufficiently informed of the factual and legal situation.

Section 96

(1) The court shall take evidence in the oral hearing. It may in particular inspect evidence and question witnesses, expert witnesses and those concerned, and consult certificates.

(2) In suitable cases, the court may already have evidence taken prior to the oral hearing by one of its members acting as a commissioned judge or, by designating the individual evidence questions, request another court to take evidence.

Section 97

Those concerned shall be informed of all evidence-taking dates and can attend the taking of evidence. They may address expedient questions to witnesses and to expert witnesses. If a question is objected to, the court shall decide.

Section 98

Unless this Act contains any derogatory provisions, sections 358 to 444 and 450 to 494 the Code of Civil Procedure shall apply mutatis mutandis to the taking of evidence.

Section 99

(1) Authorities shall be obliged to submit certificates or files, to transmit electronic documents and provide information. If the knowledge of the content of these certificates, files, electronic documents or this information would prove disadvantageous to the interests of the Federation or of a Land, or if the events must be kept strictly secret in accordance with a statute or due to their essence, the competent supreme supervisory authority may refuse the submission of certificates or files, the transmission of the electronic documents and the provision of information.

(2) On request by a party concerned, the Higher Administrative Court shall find by order without an oral hearing whether the refusal to submit certificates or files, to transmit the electronic documents or to provide information is lawful. If a supreme federal authority refuses the submission, transmission or information on grounds that the interests of the Federation would be impaired were the content of the certificates or files, of the electronic documents and the information to become known, the Federal Administrative Court shall decide; the same shall apply if the Federal Administrative Court has jurisdiction for the main case in accordance with section 50. The application shall be filed with the court which has jurisdiction for the main case. The latter shall assign the application and the main case files to the adjudication bodies with jurisdiction in accordance with section 189. The supreme supervisory authority shall submit the certificates or files refused in accordance with subsection 1, second sentence on request by this panel of judges, transmit the electronic documents or provide the refused information. It shall be subpoenaed to these proceedings. The proceedings shall be subject to the provisions of substantive classification of information. If these cannot be complied with, or if the competent supervisory authority claims that special reasons of confidentiality or classification of information oppose the submission of the certificates or files or the transmission of the electronic documents to the court, the submission or transmission shall be effected in accordance with the fifth sentence by the certificates, files or electronic documents being made available to the court on premises designated by the supreme supervisory authority. Section 100 shall not apply to the files and electronic documents submitted in accordance with the fifth sentence, and to the special reasons claimed in accordance with the eighth sentence. The members of the court shall be obliged to maintain confidentiality; the grounds for the decision may not provide an indication of the nature and content of the secret certificates, files, electronic documents and information. The regulations of the classification of information for staff shall apply to the non-judicial staff. Unless the Federal Administrative Court has ruled, the order may be independently challenged with a complaint. The Federal Administrative Court shall rule on the complaint against the order of a Higher Administrative Court. The fourth and eleventh sentences shall apply mutatis mutandis to the complaint proceedings.

Section 100

(1) Those concerned can inspect the court files and the files submitted to the court.

(2) Those concerned can have themselves issued by the registry duplicates, excerpts, printouts and copies at their expense. At the discretion of the presiding judge, the person holding a proxy in accordance with section 67, subsection 2, first and second sentences, Nos. 3 to 6 may be permitted to take the file with him/her to his/her home or office premises, afforded electronic access to the content of the files, or may receive the content of the files in electronic form. Section 87a, subsection 3, shall apply mutatis mutandis. With electronic access to the content of the files it shall be ensured that access only takes place by the person holding a proxy in accordance with section 67, subsection 2, first and second sentences, Nos. 3 to 6. For the transmission of electronic documents, the entirety of the documents shall be equipped with a qualified electronic signature in accordance with section 2 No. 3 of the Signature Act and safeguarded against unauthorised access.

(3) Inspection of the files in accordance with subsections 1 and 2 shall not be granted with regard to draft judgments, orders and decrees, the work related to their preparation and the documents relating to coordination.

Section 101

(1) The court shall rule on the basis of an oral hearing unless otherwise provided.

(2) The court may rule without an oral hearing with the consent of those concerned.

(3) Rulings of the court which are not judgments may be handed down without an oral hearing unless provided otherwise.

Section 102

(1) As soon as the deadline for an oral hearing has been determined, those concerned shall be subpoenaed with a subpoena period of at least two weeks, in the Federal Administrative Court of at least four weeks. The presiding judge may shorten the period in urgent cases.

(2) The subpoena shall indicate that if a party concerned does not attend, it is possible for the hearing to take place and a ruling handed down without him/her.

(3) The courts of administrative jurisdiction may also hold sessions outside the seat of the court if this is necessary in order to conclude them in an appropriate manner.

(4) Section 227, subsection 3, first sentence, of the Code of Civil Procedure shall not apply.

Section 103

(1) The presiding judge shall open and chair the oral hearing.

(2) Once the case has been called, the presiding judge or the reporting judge shall present the essential content of the files.

(3) In response to this, those concerned shall be afforded the opportunity to speak in order to make and reason their applications.

Section 104

(1) The presiding judge shall discuss the dispute with those concerned in factual and legal terms.

(2) The presiding judge shall on request afford each member of the court the opportunity to ask questions. If a question is objected to, the court shall decide.

(3) After the dispute has been discussed, the presiding judge shall declare the oral hearing to be closed. The court may decide on reopening.

Section 105

Sections 159 to 165 of the Code of Civil Procedure shall apply mutatis mutandisto the minutes.

Section 106

In order to completely or partly deal with the legal dispute, those concerned may reach a settlement for the record of the court or of the commissioned or requested judge insofar as they are able to dispose of the subject-matter of the settlement. A judicial settlement may also be concluded by those concerned accepting a proposal of the court, of the presiding judge or of the reporting judge issued in the form of an order, in writing vis-à-vis the court.

10th Chapter – Judgments and other rulings

Section 107

The action shall be ruled on by a judgment unless provided otherwise.

Section 108

(1) The court shall rule in accordance with its free conviction gained from the overall outcome of the proceedings. The judgment shall state the grounds which were decisive for the judicial conviction.

(2) The judgment may only be based on facts and results of evidence on which those concerned have been able to make a statement.

Section 109

An advance ruling may be handed down on the admissibility of the action by interim judgment.

Section 110

If only part of the subject-matter of the dispute is ready for a ruling, the court may hand down a partial judgment.

Section 111

If with an application for an injunction a claim is contentious in terms of its reason and amount, the court may rule in advance on the reason by means of an interim judgment. If the claim has been declared to be well-founded, the court can order that the amount is to be deliberated on.

Section 112

The judgment may only be made by the judges and honorary judges who have attended the hearing on which the judgment is based.

Section 113

(1) Insofar as the administrative act is unlawful and the plaintiff’s rights have been violated, the court shall rescind the administrative act and any ruling on an objection. If the administrative act has already been executed, the court may also state on request that and how the administrative authority has to countermand execution. This statement shall only be permissible if the authority is able to do so and this question is mature for adjudication. If the administrative act has been settled previously by withdrawal or otherwise, the court shall declare on request by judgment that the administrative act was unlawful if the plaintiff has a justified interest in this finding.

(2) If the plaintiff requests an alteration of an administrative act which establishes an amount of money or makes a declaration related thereto, the court may establish a different amount or replace the declaration by another. If the ascertainment of the amount to be established or declared entails a not inconsiderable effort, the court may determine the alteration of the administrative act by stating the factual or legal circumstances which were wrongly considered or not considered such that the authority is able to calculate the amount on the basis of the ruling. The authority shall inform the party concerned of the outcome of the recalculation promptly without requirement as to form; once the ruling has become final, the administrative act shall be newly announced with its altered content.

(3) If the court considers a further factual investigation to be necessary, without itself deciding on the merits, it may rescind the administrative act and the ruling on an objection insofar as due to their nature or scope the investigations which are still required are material and the rescission is expedient, also considering the interests of those concerned. On request, the court may reach an interim regulation until issuance of the new administrative act, and may in particular determine that securities are provided or remain in force entirely or partly and payments initially do not need to be repaid. The order may be amended or rescinded at any time. A ruling in accordance with the first sentence may only be handed down within six months of receipt of the files of the authority by the court.

(4) If payment may be demanded in addition to the rescission of an administrative act, a sentence to effect a payment shall also be permissible in the same proceedings.

(5) Insofar as the rejection or omission of the administrative act is unlawful and the plaintiff’s rights are violated thereby, the court shall announce the obligation incumbent on the administrative authority to effect the requested official act if the case is mature for adjudication. Otherwise, it shall hand down the obligation to notify the plaintiff, taking the legal view of the court into consideration.

Section 114

Insofar as the administrative authority is empowered to act in its discretion, the court shall also examine whether the administrative act or the refusal or omission of the administrative act is unlawful because the statutory limits of discretion have been overstepped or discretion has been used in a manner not corresponding to the purpose of the empowerment. The administrative authority may also supplement its discretionary considerations as to the administrative act in the proceedings before the administrative courts.

Section 115

Sections 113 and 114 shall apply mutatis mutandis if in accordance with section 79, subsection 1, No. 2 and subsection 2 the ruling on an objection forms the subject-matter of the rescissory action.

Section 116

(1) If an oral hearing has taken place, the judgment shall as a rule be pronounced in the hearing in which the oral hearing is concluded, in special cases in a hearing to be scheduled immediately which should not take place more than two weeks later. The judgment shall be served on those concerned.

(2) In place of the pronouncement, the service of the judgment shall be permissible; in such a case, the judgment shall be communicated to the registry within two weeks after the oral hearing.

(3) If the court rules without an oral hearing, the pronouncement shall be substituted by being served on those concerned.

Section 117

(1) The judgment shall be handed down “In the name of the people”. It shall be drawn up in writing and signed by the judges who were involved in the ruling. If a judge is prevented from adding his/her signature, this shall be noted under the judgment with the reason why he/she is prevented from attending by the presiding judge or, if he/she is unable to attend, by the most senior associate judge. The honorary judges shall not be required to sign.

(2) The judgment shall contain

1. the designation of those concerned, of their legal representatives and of the proxy-holders by names, occupation, place of residence and their status in the proceedings,

2. the designation of the court and the names of the members who have contributed towards the ruling,

3. the ruling,

4. the facts,

5. the reasoning for the ruling, and

6. the notification of appeals.

(3) The statement of facts shall contain the essential content of the state of the facts and of the dispute in concise form, emphasising the requests made. In respect of the details, reference should be made to written statements, minutes and other documents insofar as the state of the facts and of the dispute emerges from them sufficiently.

(4) A judgment which on its pronouncement was not yet fully drafted shall be conveyed to the registry in completely drafted form prior to the expiry of two weeks, calculated from the day of the pronouncement. If this cannot take place exceptionally, within these two weeks the judgment signed by the judges shall be conveyed to the registry without facts, reasoning of the ruling and notification of appeals; the facts, reasoning of the ruling and notification of appeals shall be set down subsequently as soon as possible, signed individually by the judges and conveyed to the registry.

(5) The court may refrain from a further portrayal of the reasoning for the ruling insofar as it concurs with the reasoning of the administrative act or of the ruling on an objection and this is established in its ruling.

(6) The clerk of the registry shall note on the judgment the date of service, and in cases falling under section 116, subsection 1, first sentence, the date of the pronouncement, and shall sign this note. If the files are kept in electronic form, the clerk of the registry shall record the note in a separate document. The document shall be inseparably bound together with the judgment.

Section 118

(1) Typing errors, arithmetical errors and similar evident errors in the judgment shall be corrected by the court at any time.

(2) A decision may be taken on the correction without a prior oral hearing. The correction order shall be noted on the judgment and on the duplicates. If the judgment is drafted in electronic form, the order shall also be drafted in electronic form and inseparably linked with the judgment.

Section 119

(1) If the facts of the judgment contain other errors or ambiguities, the correction may be requested within two weeks of service of the judgment.

(2) The court shall rule by order without taking evidence. The order shall be incontestable. The ruling shall only be contributed to by the judges who have worked on the judgment. If a judge is unable to attend, the presiding judge shall have the casting vote. The correction order shall be noted on the judgment and on the duplicates. If the judgment is drafted in electronic form, the order shall also be drafted in electronic form and inseparably linked with the judgment.

Section 120

(1) If a request lodged by a party concerned according to the facts or the costs consequence has been totally or partly overlooked in the ruling, the judgment shall be supplemented by subsequent decision on request.

(2) The ruling must be requested within two weeks of service of the judgment.

(3) The subject-matter of the oral hearing shall only be the part of the legal dispute which has not been dealt with.

Section 121

Final judgments shall be binding insofar as a ruling has been handed down on the subject-matter of the dispute

1. upon those concerned and their legal successors, and

2. in cases falling under section 65, subsection 3, upon those persons who did not make a request for subpoena or did not do so in good time.

Section 122

(1) Sections 88, 108, subsection 1, first sentence, as well as sections 118, 119 and 120, shall apply mutatis mutandis to orders.

(2) Orders shall be reasoned if they can be challenged by appeals or if they rule on an appeal. Orders on the suspension of execution (sections 80 and 80a) and on interim orders (section 123), as well as orders after the legal dispute had been settled in the main case (section 161, subsection 2) shall always be reasoned. Orders ruling on an appeal shall not require further reasoning insofar as the court rejects the appeal as ill-founded for the reasons of the impugned ruling.

11th Chapter – Interim order

Section 123

(1) On request, the court may, even prior to the lodging of an action, make an interim order in relation to the subject-matter of the dispute if the danger exists that the enforcement of a right of the plaintiff could be prevented or considerably impeded by means of an alteration of the existing state. Interim orders shall also be admissible to settle an interim condition in relation to a contentious legal relationship if this regulation appears necessary, above all with ongoing legal relationships, in order to avert major disadvantages or prevent immanent force or for other reasons.

(2) The court dealing with the main case shall have jurisdiction for the issuance of interim orders. This shall be the court of first instance and, if the main case is pending in the proceedings for an appeal on points of fact and law, the court of appeal on points of fact and law. Section 80, subsection 8, shall apply mutatis mutandis.

(3) Sections 920, 921, 923, 926, 928 to 932, 938, 939, 941 and 945 the Code of Civil Procedure shall apply mutatis mutandis to the issuance of interim orders.

(4) The court shall decide by means of an order.

(5) The provisions contained in subsections 1 to 3 shall not apply to cases falling under sections 80 and 80a.

Part III – Appeals and resumption of the proceedings

12th Chapter – Appeal on points of fact and law

Section 124

(1) Those concerned shall be entitled to an appeal on points of fact and law against final judgments, including the partial judgments in accordance with section 110, and against interim judgments in accordance with sections 109 and 111, if such appeal is admitted by the administrative court or the Higher Administrative Court.

(2) The appeal on points of fact and law shall only be admitted

1. if serious doubts exist as to the correctness of the judgment,

2. if the case has special factual or legal difficulties,

3. if the case is of fundamental significance,

4. if the judgment derogates from a ruling of the Higher Administrative Court, of the Federal Administrative Court, of the Joint Panel of the supreme courts of the Federation or of the Federal Constitutional Court, and is based on this derogation, or

5. if a procedural shortcoming subject to the judgment of the court of appeal on points of fact and law is claimed and applies on which the ruling can be based.

Section 124a

(1) The administrative court shall admit the appeal on points of fact and law in the judgment if the grounds of section 124, subsection 2, No. 3 or No. 4 apply. The Higher Administrative Court shall be bound by the admission. The administrative court shall not be empowered to not admit the appeal on points of fact and law.

(2) The appeal on points of fact and law shall be lodged with the administrative court, if it has been admitted by the administrative court, within one month after service of the complete judgment. The appeal on points of fact and law must designate the impugned judgment.

(3) The appeal on points of fact and law shall be reasoned in cases falling under subsection 2 within two months after service of the complete judgment. Unless it takes place at the same time as the lodging of the appeal on points of fact and law, the reasoning shall be lodged with the Higher Administrative Court. The deadline for the reasoning may be extended in response to a request made prior to its expiry by the presiding judge of the senate. The reasoning must contain a specific motion, as well as the reasoning for the challenge (reasoning for the appeal on points of fact and law) to be listed in detail.* If one of these requirements is not met, the appeal on points of fact and law shall be inadmissible.

(4) If the appeal on points of fact and law is not admitted in the judgment of the administrative court, admission shall be applied for within one month after service of the complete judgment. The application shall be lodged with the administrative court. It must designate the impugned judgment. Within two months after service of the complete judgment, the reasoning shall be explained for which the appeal on points of fact and law is to be admitted. Insofar as it has not already been submitted with the application, the reasoning shall be submitted to the Higher Administrative Court. The lodging of the application shall stay the legal force of the judgment.

(5) The Higher Administrative Court shall rule on the application by means of an order. The appeal on points of fact and law shall be admitted if one of the reasons of section 124, subsection 2, is explained and applies. The order should be briefly reasoned. The judgment shall become final on rejection of the application. If the Higher Administrative Court admits the appeal on points of fact and law, the application proceedings shall be continued as proceedings for an appeal on points of fact and law; the lodging of an appeal on points of fact and law shall not be required.

(6) The appeal on points of fact and law shall be reasoned in cases falling under subsection 5 within one month after service of the order on the admission of the appeal on points of fact and law. The reasoning shall be submitted to the Higher Administrative Court. Subsection 3, third to fifth sentences, shall apply mutatis mutandis.

Section 125

(1) The provisions of Part II shall apply mutatis mutandis to the proceedings for an appeal on points of fact and law unless this chapter provides otherwise. Section 84 shall not apply.

(2) If the appeal on points of fact and law is inadmissible, it shall be rejected. The ruling may be handed down by means of an order. Those concerned shall be heard in advance. Those concerned shall be entitled to such appeal against the order which would be admissible if the court had ruled by judgment. Those concerned shall be notified of this appeal.

Section 126

(1) The appeal on points of fact and law can be withdrawn until the judgment becomes final. Withdrawal subsequent to the lodging of the requests in the oral hearing shall be contingent on the consent of the defendant and, if a representative of the public interest has attended the oral hearing, also on his/her consent.

(2) The appeal on points of fact and law shall be deemed to have been withdrawn if the plaintiff of the appeal on points of fact and law fails to pursue the proceedings for more than three months despite being called on by the court to do so. Subsection 1, second sentence, shall apply mutatis mutandis. The plaintiff of the appeal on points of fact and law shall be informed in the call of the legal consequences emerging from the first sentence and section 155, subsection 2. The court shall find by an order that the appeal on points of fact and law is deemed to have been withdrawn.

(3) Withdrawal shall lead to the loss of the appeal lodged. The court shall rule by order on the costs consequence.

Section 127

(1) The defendant of the appeal on points of fact and law and the other parties concerned may accede to the appeal on points of fact and law. The subsequent appeal on points of fact and law shall be lodged with the Higher Administrative Court.

(2) Accession shall also be permissible if the party concerned has foregone the appeal on points of fact and law or the deadline for the appeal on points of fact and law or for the request to admit the appeal on points of fact and law has passed. It shall be admissible after one month has passed since the written reasoning for the appeal on points of fact and law has been served.

(3) The subsequent appeal on points of fact and law must be reasoned in the accession document. Section 124a, subsection 3, second, fourth and fifth sentences, shall apply mutatis mutandis.

(4) The subsequent appeal on points of fact and law shall not require to be admitted.

(5) Accession shall lose its effect if the appeal on points of fact and law is withdrawn or rejected as inadmissible.

Section 128

The Higher Administrative Court shall review the dispute within the appeal on points of fact and law application to the same degree as the administrative court. It shall also consider newly-submitted facts and items of evidence.

Section 128a

(1) New declarations and items of evidence which have not been submitted at first instance despite a deadline set therefor (section 87b, subsections 1 and 2) shall only be admitted if in the free conviction of the court its admission would not delay the settlement of the legal dispute, or if the party concerned provides sufficient excuses for the delay. The excuse shall be credibly demonstrated at the request of the court. The first sentence shall not apply if the party concerned at first instance has not been informed of the consequences of missing a deadline in accordance with section 87b, subsection 3 No. 3, or if it is also possible to ascertain the facts with a slight effort without the participation of the party concerned.

(2) Declarations and items of evidence which the administrative court has rightly rejected shall also remain ruled out in the proceedings for an appeal on points of fact and law.

Section 129

The judgment of the administrative court may only be altered insofar as an alteration has been applied for.

Section 130

(1) In the case of the insurance of goods against the risks of transportation by land or inland waterways as well as the concomitant storage, the insurer shall bear all the risks to which the goods are exposed throughout the period of cover.

(2) If a ship is insured against the risks of inland waterway transportation, the insurer shall bear all the risks to which the ship is exposed throughout the period of cover. The insurer shall also be liable for that loss incurred by the policyholder as a result of a collision between ships or a collision with fixed or floating objects on account of having to replace loss incurred by a third party.

(3) The insurance against the risks of inland waterway transportation covers contributions to gross average insofar as the average measure serves the avoidance of loss to be compensated by the insurer.

Section 130a

The Higher Administrative Court may rule on the appeal on points of fact and law by means of an order if it unanimously considers it to be well-founded or ill-founded and does not consider an oral hearing to be necessary. Section 125, subsection 2, third to fifth sentences, shall apply mutatis mutandis.

Section 130b

The Higher Administrative Court may refer to the elements of the impugned ruling in the judgment on the appeal on points of fact and law if it fully adopts the findings of the administrative court. It may refrain from a further depiction of the reasoning for the ruling insofar as it rejects the appeal on points of fact and law as ill-founded for the reasons of the impugned ruling.

Section 131

(repealed)

13th Chapter – Appeal on points of law

Section 132

(1) Those concerned shall have recourse to an appeal on points of law to the Federal Administrative Court against the judgment of the Higher Administrative Court (section 49 No. 1), and against orders in accordance with section 47, subsection 5, first sentence, if the Higher Administrative Court, or the Federal Administrative Court in response to a complaint against non-admission, has admitted it.

(2) The appeal on points of law shall only be admitted if

1. the legal case is of fundamental significance,

2. the judgment deviates from a ruling of the Federal Administrative Court, of the Joint Panel of the supreme courts of the Federation or of the Federal Constitutional Court and is based on this deviation, or

3. a procedural shortcoming is asserted and applies on which the ruling can be based.

(3) The Federal Administrative Court shall be bound by admission.

Section 133

(1) The non-admission of the appeal on points of law may be challenged by a complaint.

(2) The complaint shall be lodged with the court against whose judgment an appeal on points of law it is to be lodged within one month after service of the complete judgment. The complaint must designate the impugned judgment.

(3) The complaint shall be reasoned within two months after service of the complete judgment. The reasoning shall be submitted to the court against whose judgment an appeal on points of law is to be lodged. In the reasoning, the fundamental significance of the case must be explained or the ruling from which the judgment deviates, or the procedural shortcoming, must be designated.

(4) The submission of the complaint shall stay the legal force of the judgment.

(5) If the complaint is not remedied, the Federal Administrative Court shall rule by order. The order should be briefly reasoned; it shall be possible to dispense with reasoning if it is not suited to help clarify the prerequisites under which an appeal on points of law is to be admitted. The judgment shall become final when the complaint is rejected by the Federal Administrative Court.

(6) If the prerequisites of section 132, subsection 2, No. 3 apply, the Federal Administrative Court may rescind the impugned judgment in the order and remit the legal dispute for a hearing and a ruling in other respects.

Section 134

(1) Against the judgment of an administrative court (section 49 No. 2) those concerned shall have recourse to an appeal on points of law, circumventing the appeal on points of fact and law instance, if the plaintiff and the defendant agree in writing to the submission of the appeal on points of law in lieu of an appeal on fact and law, and if it is admitted by the administrative court in the judgment or on request by order. The request shall be made in writing within one month of service of the complete judgment. Consent to the submission of the appeal on points of law in lieu of an appeal on fact and law shall be enclosed with the application or, if the appeal on points of law is admitted in the judgment, with the written appeal on points of law.

(2) The appeal on points of law shall only be admitted if the prerequisites of section 132, subsection 2, Nos. 1 or 2 apply. The Federal Administrative Court shall be bound by admission. The rejection of admission shall be incontestable.

(3) If the administrative court rejects the application for admission of the appeal on points of law by order, on service of this ruling the deadline period shall begin to run for the application to admit the appeal on points of fact and law from the beginning insofar as the application was lodged within the statutory deadline and form and the declaration of consent was enclosed. If the administrative court admits the appeal on points of law by an order, the period for the appeal on points of law shall be initiated on service of this ruling.

(4) The appeal on points of law may not be based on shortcomings in the proceedings.

(5) The submission of the appeal on points of law and the consent shall be deemed to constitute dispensation with the appeal on points of fact and law if the administrative court has admitted the appeal on points of law.

Section 135

Those concerned shall have recourse to an appeal on points of law to the Federal Administrative Court against the judgment of an administrative court (section 49 No. 2) if the appeal on points of fact and law is ruled out by federal law. The appeal on points of law can only be lodged if the administrative court has admitted it, or if the Federal Administrative Court has admitted it in response to a complaint against non-admission. Sections 132 and 133 shall apply mutatis mutandis to admission.

Section 136

(repealed)

Section 137

(1) The appeal on points of law may only be based on the impugned judgment being based on a violation

1. of federal law, or

2. of a provision of the Administrative Procedure Act (Verwaltungsverfahrensgesetz) of a Land the wording of which concurs with the Administrative Procedure Act of the Federation.

(2) The Federal Administrative Court shall be bound by the factual findings handed down in the impugned judgment unless admissible, well-founded grounds for the appeal on points of law have been submitted in relation to these findings.

(3) If the appeal on points of law is based on procedural shortcomings, and unless at the same time one of the prerequisites of section 132, subsection 2, Nos. 1 and 2 applies, only a ruling shall be handed down on the asserted procedural shortcomings. In other respects, the Federal Administrative Court shall not be bound by the asserted grounds for the appeal on points of law.

Section 138

A judgment shall always be regarded as being based on the violation of federal law if

1. the court of decision was not composed according to the regulations,

2. a judge was involved in the ruling who had been excluded from the exercise of judicial office by force of law or had been successfully rejected for concern about partiality,

3. a party concerned had been refused a legal hearing,

4. a party concerned in the proceedings was not represented in accordance with the provisions of the law, unless he/she explicitly or tacitly consented to the pursuance of the proceedings,

5. the judgment was handed down on the basis of an oral hearing in which the provisions on the public nature of the proceedings were violated, or

6. the ruling is not reasoned.

Section 139

(1) The appeal on points of law shall be lodged in writing to the court whose judgment is impugned within one month of service of the complete judgment or of the order on the admission of the appeal on points of law in accordance with section 134, subsection 3, second sentence. The deadline period for the appeal on points of law shall also be deemed to have been complied with if the appeal on points of law is lodged within the deadline to the Federal Administrative Court. The appeal on points of law must designate the impugned judgment.

(2) If the complaint against the non-admission of the appeal on points of law is remedied, or if the Federal Administrative Court admits the appeal on points of law, the complaint proceedings shall be continued as proceedings on appeal on points of law unless the Federal Administrative Court rescinds the impugned judgment in accordance with section 133, subsection 6; the lodging of an appeal on points of law by the complainant shall not be required. This shall be referred to in the order.

(3) The appeal on points of law shall be reasoned within two months after service of the complete judgment or of the order on the admission of the appeal on points of law in accordance with section 134, subsection 3, second sentence; in the event of subsection 2, the deadline for reasoning shall be one month after service of the order on the admission of the appeal on points of law. The reasoning shall be submitted to the Federal Administrative Court. The reasoning deadline may be extended by the presiding judge in response to an application lodged prior to its expiry. The reasoning must contain a definite motion, the violated legal provision and, insofar as the complaint relates to procedural shortcomings, must state the facts from which the shortcomings emerge.

Section 140

(1) The appeal on points of law may be withdrawn until the judgment becomes final. Withdrawal after filing the motions in the oral hearing shall be contingent on the consent of the defendant of the appeal on points of law and, if the Representative of the Interests of the Federation at the Federal Administrative Court has attended the oral hearing, also on his/her consent.

(2) Withdrawal shall effect the loss of the appeal submitted. The Court shall rule by order on the costs consequence.

Section 141

The provisions on the appeal on points of fact and law shall apply mutatis mutandis to the appeal on points of law unless this chapter states otherwise. Sections 87a, 130a and 130b shall not apply.

Section 142

(1) Alterations to the action and subpoenas shall not be permissible in the proceedings on appeal on points of law. This shall not apply to subpoenas in accordance with section 65, subsection 2.

(2) A party subpoenaed in the proceedings on appeal on points of law in accordance with section 65, subsection 2, may only complain of procedural shortcomings within two months of service of the subpoena. The deadline may be extended by the presiding judge in response to an application made before its expiry.

Section 143

The Federal Administrative Court shall examine whether the appeal on points of law is admissible and whether it has been submitted and reasoned within the statutory form and deadline. If one of these requirements has not been met, the appeal on points of law shall be inadmissible.

Section 144

(1) If the appeal on points of law is inadmissible, the Federal Administrative Court shall dismiss it by order.

(2) If the appeal on points of law is ill-founded, the Federal Administrative Court shall reject the appeal on points of law.

(3) If the appeal on points of law is well-founded, the Federal Administrative Court may

1. rule on the on the case itself,

2. quash the impugned judgment and remit the case for settlement and a ruling in other respects.

The Federal Administrative Court shall remit the dispute if the party subpoenaed in the proceedings on appeal on points of law in accordance with section 142, subsection 1, second sentence, has a justified interest in this.

(4) If the reasoning for the decision reveals a violation of the existing right, but the ruling itself proves to be correct for other reasons, the appeal on points of law shall be dismissed.

(5) If the Federal Administrative Court remits the case on appeal on points of law in lieu of an appeal on fact and law in accordance with section 49 No. 2 and section 134 for settlement and ruling in other respects, it may at its discretion also remit it to the Higher Administrative Court which would have had jurisdiction for the appeal on points of fact and law. The same principles shall then apply to the proceedings before the Higher Administrative Court as if the dispute had become pending on a properly-lodged appeal on points of fact and law at the Higher Administrative Court.

(6) The Court to which the case has been remitted for settlement and a ruling in other respects shall base its ruling on the legal assessment of the court of appeal on points of law.

(7) The ruling on the appeal on points of law shall not require reasoning insofar as the Federal Administrative Court considers complaints of procedural shortcomings not to be significant. This shall not apply to complaints in accordance with section 138 and, if the appeal on points of law exclusively asserts procedural shortcomings, to complaints on which the admission of the appeal on points of law is based.

Section 145

(repealed)

14th Chapter – Complaint, reminder, complaint regarding a hearing

Section 146

(1) Unless this Act provides otherwise, those concerned and those otherwise affected by the ruling may take recourse to a complaint to the Higher Administrative Court against rulings of the administrative court, of the presiding judge or of the reporting judge which are not judgments or summary decisions.

(2) Procedural directions, elucidation orders, orders regarding postponement or the setting of a deadline, orders for the taking of evidence, orders regarding rejection of motions for the taking of evidence, on joindering and separation of proceedings and claims and on the rejection of court officials cannot be impugned with a complaint.

(3) Furthermore, on reserve of a statutorily-provided complaint against the non-admission of the appeal on points of law, a complaint is not available in disputes regarding costs, fees and expenses if the value of the subject-matter of the complaint does not exceed two hundred Euros.

(4) The complaint against orders of the administrative court in injunction proceedings (sections 80, 80a and 123) shall be reasoned within one month of announcement of the ruling. Unless already submitted with the complaint, the reasoning shall be submitted to the Higher Administrative Court. It must contain a definite motion, set out the reasoning from which the ruling is to be altered or rescinded, and deal with the impugned ruling. If one of these requirements is not met, the complaint shall be dismissed as inadmissible. The administrative court shall submit the complaint without delay; section 148, subsection 1, shall not apply. The Higher Administrative Court shall only review the reasoning submitted.

(5) & (6) (repealed)

Section 147

(1) The complaint shall be lodged with the court whose ruling is impugned in writing or for the record of the clerk of the registry within two weeks after announcement of the ruling. Section 67, subsection 4, shall remain unaffected.

(2) The complaint deadline shall also be deemed to have been met if the complaint is received by the complaint court within the deadline.

Section 148

(1) If the administrative court, the presiding judge or the reporting judge whose ruling is being impugned considers the complaint to be well-founded, it shall be remedied; otherwise, it shall be submitted to the Higher Administrative Court without delay.

(2) The administrative court should inform those concerned of the lodging of the complaint with the Higher Administrative Court.

Section 149

(1) The complaint shall only have a suspensive effect if its subject-matter is the imposition of an administrative measure or a means of coercion. The court, the presiding judge or the reporting judge whose ruling is being impugned may also otherwise determine that the execution of the impugned ruling is to be temporarily suspended.

(2) Sections 178 and 181, subsection 2, of the Courts Constitution Act shall remain unaffected.

Section 150

The Higher Administrative Court shall rule on the complaint by an order.

Section 151

The ruling of the court against the decisions of the commissioned or requested judge or of the clerk can be applied for within two weeks after announcement,. The application shall be lodged in writing or for the record of the clerk of the court registry. Sections 147 to 149 shall apply mutatis mutandis.

Section 152

(1) On proviso of section 99, subsection 2, and of section 133, subsection 1, of the present Act, as well as of section 17a, subsection 4, fourth sentence, of the Courts Constitution Act, rulings of the Higher Administrative Court may not be impugned with a complaint to the Federal Administrative Court.

(2) Section 151 shall apply mutatis mutandis in the proceedings before the Federal Administrative Court to rulings of the commissioned or requested judge or of the clerk of the registry.

Section 152a

(1) In response to the complaint of a party concerned impaired by a court ruling, the proceedings shall be continued if

1. an appeal or another remedy against the ruling is not available, and

2. the court has violated this party concerned’s right to a legal hearing in a manner that is material to the ruling.

No complaint is available against a ruling preceding the final ruling.

(2) The complaint shall be lodged within two weeks after of the violation of the right to a legal hearing becoming known; the time of becoming aware shall be credibly demonstrated. After one year after announcement of the impugned ruling, the complaint may no longer be lodged. Rulings announced without requirement as to form shall be deemed to have been communicated on the third day after being taken to the post. The complaint shall be made in writing or for the record of the clerk of the registry at the court whose ruling is being impugned. Section 67, subsection 4, shall remain unaffected. The complaint must designate the impugned ruling and document that the prerequisites named in subsection 1, first sentence, No. 2 apply.

(3) The other parties concerned shall be afforded the opportunity to make a statement where necessary.

(4) If the complaint is not admissible or has not been lodged within the statutory form or deadline, it shall be dismissed as inadmissible. If the complaint is ill-founded, the court shall reject it. The ruling shall be handed down by incontestable order. The order should contain brief reasoning.

(5) If the complaint is well-founded, the court shall remedy it by continuing the proceedings insofar as this is necessary on the basis of the complaint. The proceedings shall be restored to the state in which they were prior to the conclusion of the oral hearing. In written proceedings, the time until when the written pleadings may be submitted shall replace the conclusion of the oral hearing. Section 343 the Code of Civil Procedure shall apply mutatis mutandis to the pronouncement of the court.

(6) Section 149, subsection 1, second sentence, shall apply mutatis mutandis.

15th Chapter – Resumption of the proceedings

Section 153

(1) Proceedings ended by force of law may be resumed in accordance with the provisions of Book Four of the Code of Civil Procedure.

(2) The power to lodge a nullity action and a restitution action shall also be held by the representative of the public interest, in the proceedings before the Federal Administrative Court at first and final instance also by the Representative of the Interests of the Federation at the Federal Administrative Court.

Part IV – Costs and execution

16th Chapter

Costs

Section 154

(1) The losing party shall pay the costs of the proceedings.

(2) The costs of an appeal lodged unsuccessfully shall be imposed on the party who lodged the appeal.

(3) Costs may only be imposed on the subpoenaed party if he/she lodged motions or appeals; section 155, subsection 4, shall remain unaffected.

(4) The costs of the successful resumption proceedings may be imposed on the state budget insofar as they have not arisen as a result of the fault of a party concerned.

Section 155

(1) If a party concerned is partly successful and partly unsuccessful, the costs shall be offset against one another or shared proportionately. If the costs are offset against one another, the court costs shall be imposed on each in halves. A party may be burdened with the entire costs if the other only lost to a small part.

(2) Anyone who withdraws a motion, an action, an appeal or another remedy shall bear the costs.

(3) Costs which arise by virtue of a motion for restitutio in integrum shall be imposed on the applicant.

(4) Costs arising by the fault of a party concerned may be imposed on the latter.

Section 156

If the defendant has not given rise to the lodging of the action by means of his/her conduct, the legal costs shall be imposed on the plaintiff if the defendant immediately acknowledges the claim.

Section 157

(repealed)

Section 158

(1) Challenging of the ruling on the costs shall be inadmissible unless an appeal is lodged against the ruling in the main case.

(2) If no ruling has been handed down in the main case, the ruling on the costs shall be incontestable.

Section 159

Section 100 of the Code of Civil Procedure shall apply mutatis mutandis if the party obliged to pay the costs consists of several persons. If the contentious legal relationship can only be decided on in a uniform manner vis-à-vis the party obliged to meet the costs, the costs may be imposed on several persons as joint-and-several debtors.

Section 160

If the dispute is dealt with by means of a settlement, and if those concerned have not determined the costs, the court costs shall be imposed in halves on each party. Each party concerned shall bear their own out-of-court costs.

Section 161

(1) The court shall rule on the costs in the judgment or, if the proceedings are concluded by other means, by order.

(2) If the dispute is settled in the main case, other than in cases falling under section 113, subsection 1, fourth sentence, the Court shall rule by order on the costs of the proceedings at its reasonably exercised discretion; the previous status of the case and of the dispute shall be taken into account. The legal dispute shall also be deemed to have been settled in the main case if the defendant has not objected to the declaration of settlement by the plaintiff within two weeks of service of the written pleading containing the declaration of conclusion and he/she has been informed of this consequence by the court.

(3) In cases falling under section 75, the defendant shall always bear the costs if the plaintiff could anticipate his/her decision prior to lodging the action.

Section 162

(1) Costs shall be constituted by the court costs (fees and expenses) and the expenditure of those concerned necessary to properly pursue or defend rights, including the costs of the preliminary proceedings.

(2) The fees and expenses of an attorney or legal counsel, in tax matters also of one of the persons named in section 67, subsection 2, second sentence, No. 3, shall always be refundable. Insofar as preliminary proceedings were pending, fees and expenses shall be refundable if the court declares it necessary to consult a proxy-holder for the preliminary proceedings. Legal entities under public law and authorities may demand the maximum flat-rate determined in No. 7002 of Annex 1 to the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz) in place of their expenditure actually necessary for post and telecommunication services.

(3) The out-of-court costs of the subpoenaed party shall only be refundable if the court imposes them on the losing party or the state budget for reasons of equitableness.

Section 163

(repealed)

Section 164

The clerk of the first-instance court shall determine on application the amount of the costs to be refunded.

Section 165

Those concerned may challenge the determination of the costs to be refunded. Section 151 shall apply mutatis mutandis.

Section 165a

Section 110 of the Code of Civil Procedure shall apply mutatis mutandis.

Section 166

The provisions of the Code of Civil Procedure on legal aid, as well as section 569, subsection 3, No. 2 the Code of Civil Procedure shall apply mutatis mutandis.

17th Chapter – Execution

Section 167

(1) Unless the present Act provides otherwise, Book Eight of the Code of Civil Procedure shall apply mutatis mutandis to execution. The execution court shall be the court of first instance.

(2) Judgments for rescissory and enforcement actions may be declared provisionally executable in respect of the costs only.

Section 168

(1) Execution shall be effected on the basis of

1. final and provisionally-executable court rulings,

2. provisional injunctions,

3. court settlements,

4. cost-setting orders,

5. the arbitration rulings of public-law arbitration tribunals that have been declared executable insofar as the ruling on the declaration of executability has been declared final or provisionally final.

(2) For execution, those concerned may be granted copies of the judgment at their request without the facts and without reasoning for the ruling, the effect of service of which shall be equivalent to the service of a complete judgment.

Section 169

(1) If execution is to be effected in favour of the Federation, of a Land, of an association of municipal corporations, of a municipal corporation or of a corporation, institution or foundation under public law, execution shall be effected in accordance with the Administrative Execution Act (Verwaltungsvollstreckungsgesetz). The execution authority within the meaning of the Administrative Execution Act shall be the presiding judge of the court of first instance; he/she may avail him/herself of the services of another execution authority or of a bailiff for effecting execution.

(2) If execution is effected to enforce acts, toleration and desistance by means of administrative assistance by bodies of the Länder, it shall be implemented in accordance with provisions of Land law.

Section 170

(1) If execution is to be effected against the Federation, a Land, an association of municipal corporations, a municipal corporation, a corporation, institution or foundation under public law in respect of a monetary claim, the court of first instance shall order the execution on request by the creditor. It shall determine the execution measures to be implemented and request the competent agency to carry them out. The requested agency shall be obliged to comply with the request in accordance with the execution provisions applicable thereto.

(2) Prior to the issuance of the execution order, the court shall notify the authority, or in case of corporations, institutions or foundations under public law against which execution is to be effected, the statutory representatives, of the envisioned execution, calling on it to avert the execution within a period to be set by the court. The period may not exceed one month.

(3) Execution shall not be permissible with regard to items which are indispensable for the implementation of public tasks, or the sale of which is opposed by a public interest. The court shall rule on objections after hearing the competent supervisory authority or, in case of supreme federal or Land authorities, the competent minister.

(4) Subsections 1 to 3 shall not apply to financial institutions under public-law.

(5) The announcement of execution and of compliance with a waiting period shall not be required if it is a matter of executing an injunction.

Section 171

No execution clause shall be required in cases falling under sections 169 and 170, subsections 1 to 3.

Section 172

If in cases covered by section 113, subsection 1, second sentence, and subsection 5 and by section 123 the authority fails to comply with the obligation imposed on it in the judgment or in the injunction, the court of first instance may, in response to a motion, by order including the setting of a deadline, threaten, determine after unsuccessful expiry of the deadline, and execute ex officio, a coercive fine of up to ten thousand Euros against it. The coercive fine may be repeatedly threatened, determined and executed.

Part V – Final and transitional provisions

Section 173

Unless this Act contains provisions with regard to the proceedings, the Courts Constitution Act and the Code of Civil Procedure shall apply mutatis mutandis if the fundamental differences between the two types of procedure do not rule this out. The court within the meaning of section 1062 of the Code of Civil Procedure shall be the administrative court with jurisdiction; the court within the meaning of section 1065 of the Code of Civil Procedure shall be the Higher Administrative Court with jurisdiction.

Section 174

(1) For the representative of the public interest at the Higher Administrative Court and at the administrative court, qualification for the higher administrative service shall be deemed equivalent to qualification for judicial office in accordance with the German Judiciary Act (Deutsches Richtergesetz) if the former has been acquired by sitting the statutorily prescribed examinations after at least three years’ law studies at a University and three-years’ training in the public service.

(2) With war participants, the precondition of subsection 1 shall be deemed to have been met if they have complied with the special provisions applying to them.

Section 175 to 177

(repealed)

Section 178 and 179

(amendment provisions)

Section 180

If the questioning or swearing in of witnesses and expert witnesses in accordance with the Administrative Procedure Act or in accordance with the Tenth Book of the Social Code is effected by the administrative court, it shall take place before the judge determined for this in the business schedule. The administrative court shall rule by order with regard to the lawfulness of refusal to provide testimony or an expert report or to give an oath in accordance with the Administrative Procedure Act or in accordance with the Tenth Book of the Social Code.

Section 181 and 182

(amendment provisions)

Section 183

If the Constitutional Court of a Land has found that Land law is null and void or has declared provisions of Land law to be null and void, rulings of the courts of administrative jurisdiction which are no longer contestable based on the provision which has been declared null and void shall remain unaffected. Execution from such a ruling shall be inadmissible on proviso of a special statutory arrangement by the Land. Section 767 of the Code of Civil Procedure shall apply mutatis mutandis.

Section 184

The Land may determine that the Higher Administrative Court is to continue the previous designation of “Administrative Court” (Verwaltungsgerichtshof).

Section 185

(1) The districts (Kreise) within the meaning of section 28 shall be substituted in the Länder Berlin and Hamburg by the areas (Bezirke).

(2) The Länder Berlin, Brandenburg, Bremen, Hamburg, Mecklenburg-Western Pomerania, Saarland and Schleswig-Holstein may admit derogations from the provisions of section 73, subsection 1, second sentence.

Section 186

Section 22 No. 3 shall also apply in the Länder Berlin, Bremen and Hamburg on proviso that persons working on an honorary basis in the public administration may not be nominated as honorary judges. Section 6 of the Introductory Act to the Courts Constitution Act (Einführungsgesetz zum Gerichtsverfassungsgesetz) shall apply mutatis mutandis.

Section 187

(1) The Länder may assign to the courts of administrative jurisdiction tasks of disciplinary jurisdiction and arbitration jurisdiction in property disputes of public-law associations, assign professional courts to these courts, and regulate their composition and proceedings.

(2) For the field of staff representation law, the Länder may furthermore issue provisions derogating from the present Act relating to the composition and procedure of the administrative courts and of the Higher Administrative Court.

(3) (repealed)

Section 188

The fields in matters of welfare, with the exception of matters of social assistance and of the Asylum-Seekers Benefits Act (Asylbewerberleistungsgesetz), youth assistance, welfare of war victims, welfare of persons with serious disabilities, as well as training promotion, should be combined in one chamber or in one senate. Court costs (fees and expenses) shall not be levied in proceedings of this nature; this shall not apply to disputes on refunds between social benefits institutions.

Section 189

Specialist senates shall be formed at the Higher Administrative Courts and the Federal Administrative Court for the decisions to be taken in accordance with section 99, subsection 2.

Section 190

(1) The following Acts which derogate from the present Act shall remain unaffected:

1. the Burdens Equalisation Act (Lastenausgleichsgesetz) of 14 August 1952 (Federal Law Gazette Part I p. 446) in the version of the amending statutes enacted thereon,

2. the Act on the Establishment of a Federal Supervisory Office for Insurance and Savings Banks (Gesetz über die Errichtung eines Bundesaufsichtsamtes für das Versicherungs- und Bausparwesen) of 31 July 1951 (Federal Law Gazette Part I p. 480) in the version of the Act Supplementing the Act on the Establishment of a Federal Supervisory Office for Insurance and Savings Banks (Gesetz zur Ergänzung des Gesetzes über die Errichtung eines Bundesaufsichtsamtes für das Versicherungs- und Bausparwesen) of 22 December 1954 (Federal Law Gazette I p. 501),

3. (repealed)

4. the Land Reallocation Act (Flurbereinigungsgesetz) of 14 July 1953 (Federal Law Gazette Part I p. 591),

5. the Staff Representation Act (Personalvertretungsgesetz) of 5 August 1955 (Federal Law Gazette Part I p. 477),

6. the Military Complaints Code (Wehrbeschwerdeordnung – WBO) of 23 December 1956 (Federal Law Gazette Part I p. 1066),

7. the Prisoners of War Compensation Act (Kriegsgefangenenentschädigungsgesetz – KgfEG) in the version of 8 December 1956 (Federal Law Gazette I p. 908),

8. section 13, subsection 2, of the Patent Act (Patentgesetz) and the provisions on proceedings before the German Patent Office.

(2) (repealed)

(3) (repealed)

Section 191

(1) (amendment provision)

(2) Section 127 of the Civil Service Law Framework Act (Beamtenrechtsrahmengesetz) and section 54 of the Civil Service Status Act (Beamtenstatusgesetz) shall remain unaffected.

Section 192

(amendment provision)

Section 193

In a Land in which there is no Constitutional Court, jurisdiction assigned to the Higher Administrative Court to rule on constitutional disputes within the Landshall remain unaffected until the establishment of a Constitutional Court.

Section 194

(1) The admissibility of appeals on points of fact and law shall be in line with the law applicable until 31 December 2001 if prior to 1 January 2002

1. the oral hearing at which the judgment to be impugned is handed down was closed,

2. in proceedings with no oral hearing, the registry has handed out the ruling to be impugned for the purposes of service on the parties.

(2) Moreover, the admissibility of an appeal against a court ruling shall be in accordance with the law applicable up to 31 December 2001 if prior to 1 January 2002 the court ruling was made known or pronounced, or was served ex officio in place of pronouncement.

(3) Appeals against orders in legal aid proceedings lodged in good time before 1 January 2002 shall be deemed to have been admitted by the Higher Administrative Court.

(4) In proceedings which became pending prior to 1 January 2002, or for which the deadline period for filing an action started to run prior to this date, as well as in proceedings regarding appeals against court rulings which were published or pronounced prior to 1 January 2002 or were served ex officio in place of pronouncement, the provisions applicable until such that time shall apply to representation of those concerned in proceedings.

(5) Section 40, subsection 2, first sentence, section 154, subsection 3, section 162, subsection 2, third sentence, and section 188, second sentence, shall be applicable to proceedings becoming pending in the court from 1 January 2002 in the version applicable at this time.

Section 195

(1) (Entry into force)

(2) to (6) (rescission, amendment and time-obsolete provisions)

(7) The deadline contained in section 47, subsection 2, shall apply to legal provisions within the meaning of section 47, in the version applicable until expiry of 31 December 2006, which were made known prior to 1 January 2007.

The above translation was published by the the Federal Ministry of Justice. Reproduced with kind permission. This HTML edition by Christoph König and ©2011 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.

BY CHRISTOPH IN ADMINISTRATIVE PROCEDURE LAWPUBLIC ON .

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Administrative Procedure Act (Verwaltungsverfahrensgesetz, VwVfG)

of May 25th 1976; in the wording last promulgated on January 23rd 2003 (Federal Law Gazette I p. 102), amended by Article 1, of the Fourth Administrative Law Amendment Act (Viertes Gesetz zur Änderung verwaltungsverfahrensrechtlicher Vorschriften – 4. VwVfÄndG) of December 11th 2008 (Federal Law Gazette I p. 2418)

This translation is unofficial. It was published by the Federal Ministry of the Interior. Reproduced with kind permission.


Table of Contents

Part I: Scope, local competence, electronic communication, official assistance

Section 1 Scope

Section 2 Exceptions

Section 3 Local competence

Section 3a Electronic communication

Section 4 Authorities’ duty to assist one another

Section 5 Circumstances permitting and limits to official assistance

Section 6 Choice of authority

Section  7 Execution of official assistance

Section 8 Cost of official

Part II: General regulations governing administrative procedure

Division 1: Procedural principles

Section 9 Definition of administrative procedure

Section 10 Administrative procedure not tied to form

Section 11 Capacity to participate

Section 12 Capacity to act

Section 13 Participants

Section 14 Authorised representatives and advisers

Section 15 Appointment of an authorised recipient

Section 16 Official appointment of a representative

Section 17 Representatives in the case of identical submissions

Section 18 Representatives for participants with the same interests

Section 19 Provisions relating to representatives in the case of identical submissions and those for participants with the same interests

Section 20 Persons excluded

Section 21 Fear of prejudice

Section 22 Commencement of proceedings

Section 23 Official language

Section 24 Principle of investigation

Section 25 Advice and information

Section 26 Evidence

Section 27 Affirmation in place of oath

Section 28 Hearing of participants

Section 29 Inspection of documents by participants

Section 30 Secrecy

Division 2: Time limits, deadlines, restoration

Section 31 Time limits and deadlines

Section 32 Restoration of the status quo ante

Division 3: Official certification

Section 33 Certification of documents

Section 34 Certification of signatures

Part III: Administrative acts

Division 1: Materialisation of an administrative act

Section 35 Definition of an administrative act

Section 36 Additional stipulations to an administrative act

Section 37 Determinateness and form of an administrative act

Section 38 Assurance

Section 39 Grounds for an administrative act

Secion 40 Discretion

Section 41 Notification of an administrative act

Section 42 Obvious errors in an administrative act

Section 42a Fictitious approval

Division 2: Validity of an administrative act

Section 43 Validity of an administrative act

Section 44 Invalidity of an administrative act

Section 45 Making good defects in procedure or form

Section 46 Consequences of defects in procedure and form

Section 47 Converting a defective administrative act

Section 48 Withdrawal of an unlawful administrative act

Section 49 Revocation of a legal administrative act

Section 49a Reimbursement, interest

Section 50 Withdrawal and revocation in proceedings for a legal remedy

Section 51 Resumption of proceedings

Section 52 Return of documents and other materials

Division 3: Legal effects of an administrative act on the statute of limitations

Section 53 Suspension of the statute of limitations by administrative act

Part IV: Agreement under public law

Section 54 Admissibility of an agreement under public law

Section 55 Compromise agreements

Section 56 Exchange agreements

Section 57 Written form

Section 58 Agreement of third parties and authorities

Section 59 Invalidity of an agreement under public law

Section 60 Adaptation and termination in special cases

Section 61 Submission to immediate enforcement

Section 62 Supplementary application of provisions

Part V: Special types of procedures

Division 1: Formal administrative proceedings

Section 63 Application of provisions concerning formal administrative proceedings

Section 64 Form of applications

Section 65 Participation of witnesses and experts

Section 66 Obligation to hear participants

Section 67 Need for an oral hearing

Section 68 Conduct of oral hearings

Section 69 Decisions

Section 70 Contesting the decision

Section 71 Special provisions governing formal proceedings before committees

Division 1a: Procedures dealt with by a single authority

Section 71a Applicability

Section 1b Procedure

Section 1c Duty to provide information

Section 1d Mutual Support

Section 1e Electronic Procedure

Division 2: Procedures for planning approval

Section 72 Application of provisions on planning approval procedures

Section 73 Hearings

Section 74 Decisions on planning approval, planning consent

Section 75 Legal effects of planning approval

Section 76 Changes to the plan before the project is finished

Section 77 Annulment of a planning approval decision

Section 78 Coincidence of several projects

Part VI: Procedures for legal remedies

Section 79 Remedies for administrative acts

Section 80 Refund of costs in preliminary proceedings

Part VII: Honorary positions, committees

Division 1: Honorary positions

Section 81 Application of the provisions on honorary positions

Section 82 Duty of honorary participation

Section 83 Performance of an honorary function

Section 84 Duty to observe secrecy

Section 85 Compensation

Section 86 Dismissal

Section 87 Administrative offences

Division 2: Committees

Section 88 Application of the provisions on

Section 89 Order of meetings

Section 90 Quorum

Section 91 Adoption of resolutions

Section 92 Elections by committees

Section 93 Minutes

Part VIII: Concluding provisions

Section 94 Delegation of municipal duties

Section 95 Special arrangements for defence matters

Section 96 Transitional proceedings

Section 97 Amendment of the Code of Administrative Court Procedure

Section 98 Amendment of the Law Concerning Federal Long-Distance Highways

Section 99 Amendment of the Immissions Act

Section 100 Regulations under state law

Section 101 City-state clause

Section 102 Transitional rule on section 53

Section 103 Entry into force


Part I: Scope, local competence, electronic communication, official assistance

Section 1 Scope

(1) This Act shall apply to the administrative activities under public law of the official bodies:

1. of the Federal Government and public law entities, institutions and foundations operated directly by the Federal Government,

2. of the Länder and local authorities and other public law entities subject to the supervision of the Länder where these execute federal legislation on behalf of the federal authorities,

where no federal law or regulation contains similar or conflicting provisions.

(2) This Act shall also apply to the administrative activities under public law of the authorities referred to in paragraph 1, no. 2 when the Länder of their own authority execute federal legislation within the exclusive or concurrent powers of the Federal Government, where no federal law or regulation contains similar or conflicting provisions. This shall apply to the execution of federal legislation enacted after this Act comes into force only to the extent that the federal legislation, with the agreement of the Bundesrat, declares this Act to be applicable.

(3) This Act shall not apply to the execution of federal law by the Länder where the administrative activity of the authorities under public law is regulated by a law on administrative procedure of the Länder.

(4) For the purposes of this Act “authorities” shall comprise any body which performs tasks of public administration.

Section 2 Exceptions

(1) This Act shall not apply to the activities of churches, religious bodies and communities of belief and their associations and institutions.

(2) This Act also shall not apply to:

1. procedures of the federal or local tax authorities under the German Fiscal Code,

2. criminal and other prosecutions and the punishment of administrative offences, judicial proceedings carried out on behalf of foreign legal authorities in criminal and civil matters and, notwithstanding section 80, paragraph 4, to measures relating to the legal status of the judiciary,

3. proceedings at the German Patent and Trade Mark Office and before its appointed arbitrators,

4. proceedings under the Social Code,

5. the law on the Equalisation of Burdens,

6. the law on restitution.

(3) As regards the activities:

1. of the court administrations and the administrative bodies of the judiciary, including the public law entities under their supervision, this Act shall apply only in so far as re-examination is subject to control in administrative court proceedings;

2. of the authorities in assessing individuals’ performance, suitability and the like, only sections 3a to 13, 20 to 27, 29 to 38, 40 to 52, 79, 80 and 96 shall apply;

3. of representatives of the Federal Government abroad, this Act shall not apply.

Section 3 Local competence

(1) The following shall be the provisions as regards local competence:

1. in matters relating to immovable assets or to a right or legal relationship linked to a certain place: the authority in whose districts the assets or the place is situated;

2. in matters relating to the running of a firm or one of its places of business, to the practice of a profession or to the carrying out of other permanent activity: the authority in whose district the firm or place of business is or is to be run, the profession practised or the permanent activity carried out;

3. in other matters relating to:

a) natural persons: the authority in whose district the natural person is or last was normally resident,

b) legal persons or associations: the authority in whose district the legal person or association is or last was legally domiciled;

4. in matters for which competence cannot be derived from nos. 1 to 3: the authority in whose district the event giving rise to the official action occurs.

(2) In the event of several authorities being competent under paragraph 1, the decision shall be taken by the authority first concerned with the matter unless the supervisory authority with overall competence in such matters determines that the decision shall be taken by another locally competent authority. In cases in which one and the same matter involves more than one place of business of a firm, the supervisory authority can appoint one of the authorities competent under paragraph 1, no. 2 as the authority with overall competence where this is called for in the interests of a uniform decision for all concerned. The said supervisory authority shall also decide as to local competence when a number of authorities consider themselves either to possess or not to possess the relevant competence or when for other reasons there is some doubt in the matter of competence. Where an overall supervisory authority does not exist, the supervisory authorities competent in the matter shall take a decision jointly.

(3) If in the course of the administrative process some change in the circumstances determining competence occurs, the authority hitherto competent may continue the administrative process when this doing so is in the interest of simplicity and efficiency of execution while protecting the interests of those concerned and where the agreement of the authority now competent is obtained.

(4) Where delay involves a risk, any authority shall be locally competent to take measures which cannot be postponed when the event giving rise to the official action occurs in its district. The authority locally competent under paragraph 1, nos. 1 to 3 shall be informed immediately.

Section 3a Electronic communication

(1) The communication of electronic documents is permissible provided the recipient establishes access for this.

(2) Where legal provisions stipulate that a document be in written form, this may be replaced by electronic form unless determined otherwise by a legal provision. In this event the electronic document is to be provided with a qualified electronic signature in accordance with the Digital Signature Act. Signing with a pseudonym that makes it impossible to identify the person holding a signature key shall not be permissible.

(3) If an electronic document communicated to the authority is not suitable for processing by that authority, the authority shall inform the sender immediately, stating the technical specifications that apply. If a recipient claims that he is unable to process the electronic document communicated by the authority, it shall send it to him again in a suitable electronic format or as a written document.

Section 4 Authorities’ duty to assist one another

(1) Each authority shall, when requested to do so, render assistance to other authorities (official assistance).

(2) It shall not be deemed official assistance when:

1. authorities assist each other in the course of a relationship in which one issues directives to another;

2. assistance involves actions which are the task of the authority approached.

Section 5 Circumstances permitting and limits to official assistance

(1) An authority may request official assistance particularly when:

1. for legal reasons it cannot itself perform the official action;

2. for material reasons, such as the lack of personnel or equipment needed to perform the official action, it cannot itself do so;

3. to carry out its tasks it requires knowledge of facts unknown to and unobtainable by it;

4. to carry out its tasks it requires documents or other evidence in the possession of the authority approached;

5. it could only carry out the task at substantially greater expense than the authority approached.

(2) The authority approached may not provide assistance when:

1. it is unable to do so for legal reasons;

2. such assistance would be seriously detrimental to the Federal Republic or to a Land thereof.

The authority approached shall not be obliged to submit documents or files nor to impart information when proceedings must be kept secret either by their nature or by law.

(3) The authority approached need not provide assistance when:

1. another authority can provide the same assistance with much greater ease or at much lower cost;

2. it could only provide such assistance at disproportionately great expense;

3. with regard to the tasks carried out by the authority requesting assistance, it could only provide such assistance by seriously jeopardizing its own work.

(4) The authority approached may not refuse assistance on the grounds that it considers the request inappropriate for reasons other than those given in paragraph 3, or considers the purpose to be

achieved by the official assistance inappropriate.

(5) If the authority approached does not consider itself obliged to provide assistance, it shall so inform the authority making the request. If the latter insists that official assistance be provided, the decision as to whether or not an obligation to furnish such assistance exists shall be taken by the supervisory authority with overall competence in the matter or, where no such authority exists, the supervisory authority competent in matters with which the authority of whom the request is made is concerned.

Section 6 Choice of authority

If more than one authority comes into question as a possible provider of official assistance, assistance shall where possible be requested of an authority of the lowest administrative level of the administrative branch to which the authority requesting assistance belongs.

Section 7 Execution of official assistance
(1) The admissibility of the measure to be put into effect by official assistance shall be determined by the law applying to the authority requesting assistance; the official assistance shall be carried out in accordance with the law applying to the authority of which the request is made.

(2) The authority requesting assistance shall be responsible vis-à-vis the authority from which assistance is requested for the legality of the measure to be taken. The authority of which assistance is requested shall be responsible for the execution of the official assistance.

Section 8 Cost of official

(1) The authority requesting assistance shall not be liable to pay the authority from which official assistance is requested any administrative fee for such assistance. It shall, however, reimburse the latter for individual expenses in excess of thirty-five (35) euros upon request. If authorities belonging to the same legal entity provide each other with assistance,

no expenses shall be reimbursed.

(2) If the authority from which official assistance is requested undertakes an official action for which fees are charged, then that authority shall be entitled to such fees paid by a third party (administrative charges, fees, expenses).

Part II: General regulations governing administrative procedure

Division 1: Procedural principles

Section 9 Definition of administrative procedure

For the purposes of this Act, administrative procedure shall be the activity of authorities having an external effect and directed to the examination of basic requirements, the preparation and adoption of an administrative act or to the conclusion of an administrative agreement under public law; it shall include the adoption of the administrative act or the conclusion of the agreement under public law.

Section 10 Administrative procedure not tied to form

The administrative procedure shall not be tied to specific forms when no legal provisions exist which specifically govern procedural form. It shall be carried out in an uncomplicated, appropriate and timely fashion.

Section 11 Capacity to participate

The following shall be capable of participating in such procedures:

1. natural and legal persons,

2. associations, in so far as they can have rights,

3. authorities.

Section 12 Capacity to act

(1) The following shall be capable of acting in administrative procedures:

1. natural persons having legal capacity under civil law,

2. natural persons whose legal capacity is limited under civil law, where they are recognised as having legal capacity for the object of the procedure under civil law or capable of acting under public law,

3. legal persons and associations (section 11, no. 2) represented by their legal representatives or of specially appointed individuals,

4. authorities represented by their heads, representatives or persons appointed by them.

(2) If there is a reservation of consent under section 1903 of the Civil Code regarding the object of the procedure, a person of legal capacity under the care of a custodian shall be deemed capable of acting in administrative procedures only in so far as he can act, under the provisions of civil law, without the consent of the custodian, or he is recognized as being capable of acting under the provisions of public law.

(3) Sections 53 and 55 of the Code of Civil Procedure shall apply mutatis mutandis.

Section 13 Participants

(1) Participants shall be:

1. those making and opposing an application,

2. those to whom the authority intends to direct or has directed the administrative act,

3. those with whom the authority intends to conclude or has concluded an agreement under public law,

4. those who have been involved in the procedure by the authority under paragraph 2.

(2) The authority may ex officio or upon request involve as participants those whose legal interests may be affected by the result of proceedings. Where such result has a legal effect for a third party, the latter may upon request be involved in the proceedings as a participant. If the authority is aware of such third parties, it shall inform them that proceedings have commenced.

(3) A person who is to be heard, but is not a participant within the sense of paragraph 1, does not thereby become a participant.

Section 14 Authorised representatives and advisers

(1) A participant may cause himself to be represented by a person authorised for that purpose. The authorisation shall empower the person to whom it is given to take all actions related to the administrative proceedings except where its contents indicate otherwise. The authorized person shall provide written evidence of his authorisation upon request. Any revocation of authorisation shall only become effective vis-àvis the authority when received by it.

(2) Authorisation shall not be terminated either by the death of the person granting such authorisation, or by any change in his capacity to act or in his legal representative; when however appearing in the administrative proceedings on behalf of the legal successor, the authorized person shall upon request furnish written evidence of his authorisation.

(3) Where a person is appointed to act as representative in proceedings, he shall be the person with whom the authority deals. The authority may approach the actual participant where he is obliged to cooperate. If the authority does approach the participant, the authorized representative is to be informed. Provisions governing service on the representative shall remain unaffected.

(4) A participant may appear in negotiations and discussions with an adviser. Any points made by the adviser shall be deemed to have been put by the participant except where the latter immediately contradicts them.

(5) Authorized representatives and advisers shall be rejected where they provide legal services in violation of section 3 of the Legal Services Act.

(6) Authorised representatives and advisers may be refused permission to make submissions if they are unsuitable to do so; they may be refused permission to make a verbal submission only if they are not capable of proper representation. Persons authorized under section 67, paragraph 2, first and second sentence, items 3 to 7 of the Code of Administrative Court Procedure to act in administrative proceedings, may not be refused such permission.

(7) Refusal of permission under paragraphs 5 and 6 shall also be made known to the participant whose authorised representative or adviser is refused permission. Acts relating to the proceedings undertaken by the authorised representative or adviser after such refusal of permission shall be invalid.

Section 15 Appointment of an authorised recipient

A participant with no permanent or habitual residence, registered office or agency in Germany shall on request give to the authority the name of an authorised recipient in Germany within a reasonable period. Should he fail to do so, any document sent to him shall be regarded as received on the seventh day after its posting, and a document transmitted electronically shall be regarded as received on the third day after its transmission. This shall not apply if it is established that the document did not reach the recipient or reached him at a later date. The participant

shall be informed of the legal consequences of this failure.

Section 16 Official appointment of a representative

(1) Where no representative is appointed, the guardianship court shall, at the request of the authority, appoint a suitable representative for:

1. a participant whose identity is unknown;

2. an absent participant whose residence is unknown or who is prevented from looking after his affairs;

3. a participant without residence within Germany who does not comply with the authority’s request to nominate a representative within the period set;

4. a participant whose mental illness or physical, mental or emotional disability does not permit him to take part personally in the administrative proceedings;

5. matters which are the subject of proceedings and where there is no owner, claimant, or person responsible to defend the rights and obligations in question.

(2) In cases covered by paragraph 1, no. 4, the court responsible for appointing a representative shall be the guardianship court in whose district the participant has his habitual residence; otherwise, the court responsible shall be the guardianship court in whose district the authority making the request is located.

(3) The representative shall be entitled to claim a reasonable remuneration and refund of his expenses from the legal entity of the authority requesting his appointment. The authority may require the person represented to refund its expenses. It shall determine the amount of remuneration and ascertain the amount of expenditure and costs.

(4) In other respects, the appointment and office of the representative in cases listed in paragraph 1, no. 4 shall be governed by the provisions on guardianship [Betreuung]; in other cases, the provisions on trusteeship [Pflegschaft] shall apply as appropriate.

Section 17 Representatives in the case of identical submissions

(1) In the case of applications and petitions submitted in an administrative proceeding signed by more than fifty persons, or presented in the form of duplicated and identical texts (identical submissions), the person deemed to be representing the other signatories shall be that signatory who is identified by his name, profession and address as being their representative unless he is named by them as authorised representative [Bevollmächtigter]. Only a natural person may be a representative [Vertreter].

(2) The authority may disregard identical submissions which do not contain the information referred to in paragraph 1, first sentence clearly visible on each page containing a signature or which do not comply with the requirements of paragraph 1, second sentence. If the authority wishes to proceed in this manner, it must make the fact known by giving notice in accordance with local custom. The authority may, moreover, disregard identical submissions when the signatories have failed to give their name or address or have done so in an illegible manner.

(3) The power of representation shall lapse as soon as the representative or the person represented informs the authority in writing that this is the case. The representative may only make such a statement in respect of all the persons represented. If the person represented makes such a statement, he shall at the same time inform the authority whether he wishes to maintain his submission and whether he has appointed an authorised representative.

(4) Once the representative is no longer entitled to act, the authority may require the persons no longer represented to appoint a joint representative within a reasonable period. When the number of persons subject to such a requirement exceeds 50, the authority may make the fact known by giving notice in accordance with local custom. If the requirement is not complied with within the period set, the authority may ex officio appoint a joint representative.

Section 18 Representatives for participants with the same interests

(1) If more than fifty people are involved as participants in administrative proceedings with the same interests and are unrepresented, the authorities may require them within a reasonable period to appoint a joint representative where otherwise the regular execution of administrative proceedings would be impaired. If these persons do not comply within the period set, the authority may ex officio appoint a joint representative. Only a natural person may be a representative.

(2) The power of representation shall lapse as soon as the representative or person represented informs the authority in writing that this is the case. The representative may make such a statement only in respect of all the persons represented. If the person represented makes such a statement, he shall at the same time inform the authority whether he wishes to maintain his submission and whether he has appointed an authorised representative.

Section 19 Provisions relating to representatives in the case of identical submissions and those for participants with the same interests

(1) The representative shall protect carefully the interests of the persons he represents. He may undertake all actions relating to the administrative proceedings and shall not be tied to instructions.

(2) The provisions of section 14, paragraphs 5 to 7 shall apply mutatis mutandis.

(3) The representative appointed by the authority shall be entitled to claim from its legal entity a reasonable remuneration and refund of his expenses. The authority may require the persons represented to refund its expenditure in equal shares. It shall determine the amount of remuneration and ascertain the amount of expenditure and costs.

Section 20 Persons excluded

(1) The following persons may not act on behalf of an authority:

1. a person who is himself a participant;

2. a relative of a participant;

3. a person representing a participant by virtue of the law or of a general authorisation or in the specific administrative proceedings;

4. a relative of a person who is representing a participant in the proceedings;

5. a person employed by a participant and receiving remuneration from him, or one active on his board of management, supervisory board or similar body; this shall not apply to a person whose employing body is a participant;

6. a person who, outside his official capacity, has furnished an opinion or otherwise been active in the matter. Anyone who may benefit or suffer directly as a result of the action or the decision shall be on an equal footing with the participant. This shall not apply when the benefit or disadvantage is based only on the fact that someone belongs to an occupational group or segment of the population whose joint interests are affected by the matter.

(2) Paragraph 1 shall not apply to elections to an honorary position or to the removal of a person from such a position.

(3) Any person excluded under paragraph 1 may, when there is a risk involved in delay, undertake measures which cannot be postponed.

(4) If a member of a committee (section 88) considers himself to be excluded, or where there is doubt as to whether the provisions of paragraph 1 apply, the chairman of the committee must be informed. The committee shall decide on the matter of exclusion; the person concerned shall not participate in the decision. The excluded member may not attend further discussions or be present when decisions are taken.

(5) Relatives for the purposes of paragraph 1, nos. 2 and 4 shall be:

1. fiancé(e)s,

2. spouses,

3. direct relations and direct relations by marriage,

4. siblings,

5. children of siblings,

6. spouses of siblings and siblings of spouses,

7. siblings of parents,

8. persons connected by a long-term foster relationship involving a shared dwelling in the manner of parents and children (foster parents and foster children).

The persons listed in sentence 1 shall be deemed to be relatives even where

1. the marriage producing the relationship in nos. 2, 3, and 6 no longer exists;

2. the relationship or relationship by marriage in nos. 3 to 7 ceases to exist through adoption;

3. in case no. 8, a shared dwelling is no longer involved, so long as the persons remain connected as parent and child.

Section 21 Fear of prejudice

(1) Where grounds exist to justify fears of prejudice in the exercise of official duty, or if a participant maintains that such grounds exist, anyone who is to be involved in administrative proceedings on behalf of an authority shall inform the head of the authority or the person appointed by him and shall at his request refrain from such involvement. If the fear of prejudice relates to the head of the authority, the supervisory authority shall request him to refrain from involvement where he has not already done so of his own accord.

(2) Section 20, paragraph 4 shall apply as appropriate to a member of a committee (section 88).

Section 22 Commencement of proceedings

The authority shall decide after due consideration whether and when it is to instigate administrative proceedings. This shall not apply when the authority by law

1. must act ex officio or upon application;

2. may only act upon application and no such application is submitted.

Section 23 Official language

(1) The official language shall be German.

(2) If applications are made to an authority in a foreign language, or petitions, evidence, documents and the like are filed in a foreign language, the authority shall immediately require that a translation be provided. Where necessary the authority may require that the translation provided be made by a certified or publicly authorised and sworn translator or interpreter. If the required translation is not furnished without delay, the authority may, at the expense of the participant, itself arrange for a translation. Where the authority employs interpreters or translators, they shall receive remuneration in accordance with the appropriate provisions of the Judicial Remuneration and Compensation Act (Justizvergütungs- und –entschädingungsgesetz, JVEG).

(3) If a notice, application or statement of intent fixes a period within which the authority is to act in a certain manner and such notifications are received in a foreign language, the period shall commence only at the moment that a translation is available to the authority.

(4) If a notice, application or statement of intent received in a foreign language fixes a period for a participant vis-à-vis the authority, enforces a claim under public law or requires the fulfilment of an action, the said notice, application or statement of intent shall be considered as being received by the authority on the actual date of receipt where at the authority’s request a translation is provided within the period fixed by the authority. Otherwise the moment of receipt of the translation shall be deemed definitive, unless international agreements provide otherwise. This fact should be made known when a period is fixed.

Section 24 Principle of investigation

(1) The authority shall determine the facts of the case ex officio. It shall determine the type and scope of investigation and shall not be bound by the participants’ submissions and motions to admit evidence.

(2) The authority shall take account of all circumstances of importance in an individual case, including those favourable to the participants.

(3) The authority shall not refuse to accept statements or applications falling within its sphere of competence on the ground that it considers the statement or application inadmissible or unjustified.

Section 25 Advice and information 

(1) The authority shall cause statements or applications to be made or corrected when it is clear that these were not submitted or were incorrectly submitted only due to error or ignorance. It shall, where necessary, give information regarding the rights and duties of participants in the administrative proceedings.

(2) Where required, the authority shall proceed, even before an application is made, to discuss with the prospective applicant what evidence and documents he will have to submit as well as options for expediting the proceedings. Where it serves to expedite the proceedings, the authority should inform the applicant immediately upon receipt of the application about the expected duration of the proceedings and confirm whether or not the application and the relevant documents received are complete.

Section 26 Evidence

(1) The authority shall utilise such evidence as, after due consideration, it deems necessary in order to ascertain the facts of the case. In particular it may:

1. gather information of all kinds,

2. hear the evidence of participants, witnesses and experts or gather statements in writing or electronically from participants, experts and witnesses,

3. obtain documents and records,

4. visit and inspect the locality involved.

(2) The participants shall assist in ascertaining the facts of the case. In particular they shall state such facts and evidence as are known to them. A more extensive duty to assist in ascertaining the facts, and in particular the duty to appear personally or make a statement, shall exist only where the law specifically requires this.

(3) Witnesses and experts shall be obligated to make a statement or furnish opinions, when the law specifically requires this. When the authority has called upon witnesses and experts, they shall receive compensation or remuneration upon application in accordance with the appropriate provisions of the Judicial Remuneration and Compensation Act (Justizvergütungs- und – entschädingungsgesetz, JVEG).

Section 27 Affirmation in place of oath

(1) In ascertaining the facts of a case, the authority may require and accept an affirmation in place of oath only when the acceptance of such an affirmation concerning the matter involved and in the proceedings concerned is allowed by law or regulation and the authority has been legally declared competent. An affirmation in place of oath shall only be required where other means of establishing the truth are not available, have been without result or require disproportionate expense. An affirmation in place of oath may not be required of persons who are unfit to take an oath under section 393 of the Code of Civil Procedure.

(2) If an affirmation in place of oath is recorded in writing by an authority, the only persons authorised to make such a recording shall be the head of the authority, his general deputy and members of the civil service qualified for judicial office or who fulfil the requirements of section 110, first sentence of the German Judiciary Act. The head of the authority or his general deputy may authorise in writing other members of the civil service to act generally in this capacity or for individual cases.

(3) The person making the affirmation shall confirm the correctness of his statement on the matter concerned and declare “I affirm in place of an oath that to the best of my knowledge I have told the pure truth and have concealed nothing”. Authorised representatives and advisers may take part in the recording of an affirmation in place of oath.

(4) Before an affirmation in place of oath is accepted, the person making the affirmation shall be informed of the significance of such an affirmation and the legal consequences under criminal law of making an incorrect or incomplete statement. The fact that this has been done must be included in the written record.

(5) The written record shall in addition contain the names of those present and the place and date of the record. The written record shall be read to the person making the affirmation for his approval, or, upon request, shall be made available for him to inspect. The fact that this has been done should be noted and signed by the person making the affirmation. The written record shall then be signed by the person receiving the affirmation in place of oath and by the person actually making the written record.

Section 28 Hearing of participants

(1) Before an administrative act affecting the rights of a participant

may be executed, the latter must be given the opportunity of commenting on the facts relevant to the decision.

(2) This hearing may be omitted when not required by the circumstances of an individual case and in particular when:

1. an immediate decision appears necessary in the public interest or because of the risk involved in delay;

2. the hearing would jeopardise the observance of a time limit vital to the decision;

3. the intent is not to diverge, to his disadvantage, from the actual statements made by a participant in an application or statement;

4. the authority wishes to issue a general order or similar administrative acts in considerable numbers or administrative acts using automatic equipment;

5. measures of administrative enforcement are to be taken.

(3) A hearing shall not be granted when this is grossly against the public interest.

Section 29 Inspection of documents by participants

(1) The authority shall allow participants to inspect the documents connected with the proceedings where knowledge of their contents is necessary in order to assert or defend their legal interests. Until administrative proceedings have been concluded, the foregoing sentence shall not apply to draft decisions and work directly connected with their preparation. Where participants are represented as provided under sections 17 and 18, only the representatives shall be entitled to inspect documents.

(2) The authority shall not be obliged to allow the inspection of documents where this would interfere with the orderly performance of the authority’s tasks, where knowledge of the contents of the documents would be to the disadvantage of the country as a whole or of one of the Länder, or where proceedings must be kept secret by law or by their very nature, i.e. in the rightful interests of participants or of third parties.

(3) Inspection of documents shall take place in the offices of the record-keeping authority. In individual cases, documents may also be inspected at the offices of another authority or of the diplomatic or consular representatives of the Federal Republic of Germany abroad. The authority keeping the records may make further exceptions.

Section 30 Secrecy

Participants shall be entitled to require that matters of a confidential nature, especially those relating to their private lives and business, shall not be revealed by the authority without permission.

Division 2: Time limits, deadlines, restoration

Section 31 Time limits and deadlines

(1) The calculation of time limits and the setting of deadlines shall be subject to the provisions of sections 187 to 193 of the Civil Code as appropriate, except where otherwise provided by paragraphs 2 to 5.

(2) A time limit set by an authority shall begin the day after the announcement of the time limit, except where the person concerned is informed otherwise.

(3) If the end of a time limit falls on a Sunday, a public holiday or a Saturday, the time limit shall end with the end of the next working day. This shall not apply when the person concerned has been informed that the time limit shall end on a certain day and has been referred to this provision.

(4) If an authority has to fulfil a task only for a certain period, this period shall end at the end of the last day thereof, even where this is a Sunday, a public holiday or a Saturday.

(5) A deadline fixed by an authority shall be observed even when it falls on a Sunday, a public holiday or a Saturday.

(6) When a time limit is fixed in terms of hours, Sundays, public holidays and Saturdays shall be included.

(7) Time limits fixed by an authority may be extended. Where such time limits have already expired, they may be extended retrospectively, particularly when it would be unfair to allow the legal consequences resulting from expiration of the time limit to stand. The authority may combine the extension of the time limit with an additional stipulation under section 36.

Section 32 Restoration of the status quo ante

(1) Where a person has through no fault of his own been prevented from observing a statutory time limit, he shall, upon request, be granted a restoration of his original legal position. The fault of a representative shall be deemed to be that of the person he represents.

(2) Such an application must be made within two weeks of the removal of the obstacle. The facts justifying the application must be substantiated when the application is made or during the proceedings connected with the application. The action which the person has failed to carry out must be effected within the application period. If this is done, restoration may be granted even without application.

(3) After one year has elapsed from the end of the time limit which was not observed, no application for restoration may be made and the action not carried out cannot be made good, except where it was impossible for this to be done within the period of a year for reasons of force majeure.

(4) The application for restoration shall be decided upon by the authority responsible for deciding on the matter of the action not carried out.

(5) Restoration shall not be permitted when this is excluded by legal provision.

Division 3: Official certification

Section 33 Certification of documents

(1) Every authority shall be authorised to certify as true copies of documents it has itself issued. In addition, authorities empowered by statutory instrument of the Federal Government under section 1, paragraph 1, no. 1 and the authorities empowered under the law of the Länder may certify copies as true where the original document was issued by an authority or the copy is required for submission to an authority, except where the law provides that the issuing of certified copies of documents from official records and archives is the exclusive province of other authorities; the statutory instrument does not require approval of the Bundesrat.

(2) Copies may not be certified as true when circumstances justify the assumption that the original contents of the documents, the copy of which is to be certified, have been changed, and particularly when the document concerned contains gaps, deletions, insertions, amendments, illegible words, figures or signs, traces of the erasure of words, figures or signs, or where the continuity of a document composed of several sheets has been interrupted.

(3) A copy is certified as true by means of a certification note placed at the end of the copy. This note must contain:

1. an exact description of the document of which a copy is being certified,

2. a statement that the certified copy is identical with the original document submitted,

3. a statement to the effect that the certified copy is only issued for submission to the authority specified, when the original document was not issued by an authority,

4. the place and date of certification, the signature of the official responsible for certification and the official stamp.

(4) Paragraphs 1 to 3 shall apply accordingly to the certification of

1. photocopies, phototypes and similar reproductions produced by technical means,

2. negatives of written documents, which are produced by photographic means and stored by an authority,

3. print-outs of electronic documents,

4. electronic documents,

a) produced to reproduce a written document,

b) which have been given a technical format different to that of the initial document associated with a qualified electronic signature.

(5) In addition to what is stated in paragraph 3 second sentence, the certification note must in the case of certification of

1. the print-out of an electronic document associated with a qualified electronic signature contain a statement of

a) whom the signature check identifies as holder of the signature,

b) the date shown by the signature check for the application of the signature, and

c) which certificates containing which data this signature was based on;

2. an electronic document contain the name of the official responsible for certification and the designation of the authority carrying out certification; the signature of the official responsible for certification and the official seal in accordance with paragraph 3 second sentence number 4 shall be replaced by a permanently verifiable qualified electronic signature.

If an electronic document given a different technical format to the initial document associated with a qualified electronic signature is certified in accordance with sentence 1 number 2, the certification note must in addition contain the statements described in sentence 1 number 1 for the initial document.

(6) Where certified, the documents produced in accordance with paragraph 4 shall be equivalent to certified copies.

Section 34 Certification of signatures

(1) The authorities empowered by statutory orders by the Federal Government under section 1, paragraph 1, no. 1 and the authorities empowered under the law of the Länder may certify signatures as true when the signed document is required for submission to an authority or other official body to which the signed document must be submitted by law. This shall not apply to:

1. signatures without accompanying text,

2. signatures which require public certification under section 129 of the Civil Code.

(2) A signature may only be certified when it has been made or acknowledged in the presence of the certifying official.

(3) The certification note shall be placed immediately adjacent to the signature to be certified and must contain:

1. a statement that the signature is genuine,

2. an exact identification of the person whose signature is certified, and also a statement as to whether the official responsible for certification was satisfied as to the identity of the person and whether the signature was made or acknowledged in his presence,

3. a statement that the certification is only for submission to the authority or other body mentioned,

4. the place and date of certification, the signature of the official responsible for certification and the official stamp.

(4) Paragraphs 1 to 3 apply mutatis mutandis to the certification of personal identificatory marks.

(5) Statutory instruments under paragraphs 1 and 4 do not require the approval of the Bundesrat.

Part III: Administrative acts

Division 1: Materialisation of an administrative act

Section 35 Definition of an administrative act

An administrative act shall be any order, decision or other sovereign measure taken by an authority to regulate an individual case in the sphere of public law and intended to have a direct, external legal effect. A general order shall be an administrative act directed at a group of people defined or definable on the basis of general characteristics or relating to the public law aspect of a matter or its use by the public at large.

Section 36 Additional stipulations to an administrative act

(1) An administrative act which a person is entitled to claim may be accompanied by an additional stipulation only when this is permitted by law or when it is designed to ensure that the legal requirements for the administrative act are fulfilled.

(2) Notwithstanding the provisions of paragraph 1, an administrative act may, after due consideration, be issued with:

1. a stipulation to the effect that a privilege or burden shall begin or end on a certain date or shall last for a certain period (time limit);

2. a stipulation to the effect that the commencement or ending of a privilege or burden shall depend upon a future occurrence which is uncertain (condition);

3. a reservation regarding annulment;

or be combined with

4. a stipulation requiring the beneficiary to perform, suffer or cease a certain action (obligation);

5. a reservation to the effect that an obligation may subsequently be introduced, amended or supplemented.

(3) An additional stipulation may not counteract the purpose of the administrative act.

Section 37 Determinateness and form of an administrative act

(1) An administrative act must be sufficiently clearly defined in content.

(2) An administrative act may be issued in written, electronic, verbal or other form. A verbal administrative act must be confirmed in writing or electronically when there is justified interest that this should be done and the person affected requests this immediately. An electronic administrative act shall be confirmed in writing under the same conditions; section 3a, paragraph 2 shall not apply in this respect.

(3) A written or electronic administrative act must indicate the issuing authority and contain the signature or name of the head of the authority, his representative or deputy. If electronic form is used for an administrative act for which written form is ordered by a legal provision, the qualified certificate on which the electronic signature is based or an associated qualified certificate of attribution shall also indicate the issuing authority.

(4) For an administrative act, permanent verifiability may be prescribed by a legal provision for the signature required in accordance with section 3a, paragraph 2.

(5) In the case of a written administrative act issued by means of automatic equipment, the signature and name required in paragraph 3 above may be omitted. Symbols may be used to indicate content where the person for whom the administrative act is intended or who is affected is able to comprehend its contents clearly from the explanations given.

Section 38 Assurance

(1) The agreement by a competent authority to issue a certain administrative act at a later date or not to do so (assurance) must be in writing in order to be valid. If, before the administrative act in respect of which such assurance was given, participants have to be heard or the participation of another authority or of a committee is required by law, the assurance may only be given after the participants have been heard or after participation of such authority or committee.

(2) Notwithstanding the provisions of paragraph 1, first sentence, section 44 shall apply as appropriate to the invalidity of the assurance; section 45, paragraph 1, nos. 3 to 5 and paragraph 2 shall apply as appropriate to the remedying of deficiencies in the hearing of participants and the participation of other authorities or committees; section 48 shall apply as appropriate to withdrawal; and, notwithstanding paragraph 3, section 49 shall apply as appropriate to revocation.

(3) After an assurance has been given the basic facts or legal situation of the case change to such an extent that, had the authority known of the subsequent change, it would not have given the assurance or could not have done so for legal reasons, the authority is no longer bound by its assurance.

Section 39 Grounds for an administrative act

(1) A written or electronic administrative act, as well as an administrative act confirmed in writing or electronically, shall be accompanied by a statement of grounds. This statement of grounds must contain the chief material and legal grounds led the authority to take its decision. The grounds given in connection with discretionary decisions should also contain the points of view which the authority considered while exercising its powers of discretion.

(2) No statement of grounds is required:

1. when the authority is granting an application or is acting upon a declaration and the administrative act does not infringe upon the rights of another;

2. when the person for whom the administrative act is intended or who is affected by the act is already acquainted with the opinion of the authority as to the material and legal positions and able to comprehend it without argumentation;

3. when the authority issues identical administrative acts in considerable numbers or with the help of automatic equipment and individual cases do not merit a statement of grounds;

4. when this derives from a legal provision;

5. when a general order is publicly promulgated.

Section 40 Discretion

Where an authority is empowered to act at its discretion, it shall do so in accordance with the purpose of such empowerment and shall respect the legal limits to such discretionary powers.

Section 41 Notification of an administrative act

(1) An administrative act shall be made known to the person for whom it is intended or who is affected thereby. Where an authorized representative is appointed, the notification may be addressed to him.

(2) A written administrative act shall be deemed notified on the third day after posting if posted to an address within Germany. An administrative act transmitted electronically within Germany or abroad shall be deemed notified on the third day after sending. This shall not apply if the administrative act was not received or was received at a later date; in case of doubt the authority must prove the receipt of the administrative act and the date of receipt.

(3) An administrative act may be publicly promulgated where this is permitted by law. A general order may also be publicly promulgated when notification of those concerned is impracticable.

(4) The public promulgation of an administrative act in written or electronic form shall be effected by advertising the operative part in accordance with local custom. Promulgation shall state where the administrative act and its statement of grounds may be inspected. The administrative act shall be deemed to have been promulgated two weeks after the date of advertising in accordance with local custom. A general order may fix a different day for this purpose but in no case may this be earlier than the date following advertisement.

(5) Provisions governing the promulgation of an administrative act by service shall remain unaffected.

Section 42 Obvious errors in an administrative act

The authority may at any time correct typographical mistakes, errors in calculation and similar obvious inaccuracies in an administrative act. When the person concerned has a justifiable interest, correction must be undertaken. The authority shall be entitled to request presentation of the document for correction.

Section 42a Fictitious approval

(1) Upon expiry of a specified decision-making period, an approval that has been applied for shall be deemed granted (fictitious approval) if this is stipulated by law and if the application is sufficiently clearly defined in content. The regulations concerning the validity of administrative acts and the proceedings for legal remedy shall apply mutatis mutandis.

(2) The decision-making period pursuant to paragraph 1 fist sentence shall be three months unless otherwise stipulated by law. The period starts upon reception of the complete application documents. It may be extended once by a reasonable period of time if this is warranted by the complexity of the matter. Any such extension of the decision-making period shall be justified and communicated in good time.

(3) Upon request, the fact that the approval is deemed granted (fictitious approval) shall be confirmed in writing to the person to whom the administrative act would have had to be notified pursuant to section 41, paragraph 1.

Division 2: Validity of an administrative act

Section 43 Validity of an administrative act

(1) An administrative act shall become effective vis-à-vis the person for whom it is intended or who is affected thereby at the moment he is notified thereof. The administrative act shall apply in accordance with its tenor as notified.

(2) An administrative act shall remain effective for as long as it is not withdrawn, annulled, otherwise cancelled or expires for reasons of time or for any other reason.

(3) An administrative act which is invalid shall be ineffective.

Section 44 Invalidity of an administrative act

(1) An administrative act shall be invalid where it is very gravely erroneous and this is apparent when all relevant circumstances are duly considered.

(2) Regardless of the conditions laid down in paragraph 1, an administrative act shall be invalid if:

1. it is issued in written or electronic form but fails to show the issuing authority;

2. by law it can be issued only by means of the delivery of a document, and this method is not followed;

3. it has been issued by an authority acting beyond its powers as defined in section 3, paragraph 1, no. 1 and without further authorisation;

4. it cannot be implemented by anyone for material reasons;

5. it requires an action in contravention of the law incurring a sanction in the form of a fine or imprisonment;

6. it offends against morality.

(3) An administrative act shall not be invalid merely because:

1. provisions regarding local competence have not been observed, except in a case covered by paragraph 2, no. 3;

2. a person excluded under section 20, paragraph 1, first sentence, nos.

2 to 6 is involved;

3. a committee required by law to play a part in the issuing of the administrative act did not take or did not have a quorum to take the necessary decision;

4. the collaboration of another authority required by law did not take place.

(4) If the invalidity applies only to part of the administrative act it shall be entirely invalid where the invalid portion is so substantial that the authority would not have issued the administrative act without the invalid portion.

(5) The authority may ascertain invalidity at any time ex officio; it must be ascertained upon application when the person making such an application has a justified interest in so doing.

Section 45 Making good defects in procedure or form

(1) An infringement of the regulations governing procedure or form which does not render the administrative act invalid under section 44 shall be ignored when:

1. the application necessary for the issuing of the administrative act is subsequently made;

2. the necessary statement of grounds is subsequently provided;

3. the necessary hearing of a participant is subsequently held;

4. the decision of a committee whose collaboration is required in the issuing of the administrative act is subsequently taken;

5. the necessary collaboration of another authority is subsequently obtained.

(2) Actions referred to in paragraph 1 may be made good up to the final court of administrative proceedings.

(3) Where an administrative act lacks the necessary statement of grounds or has been issued without the necessary prior hearing of a participant, so that the administrative act was unable to be contested in good time, failure to observe the period for legal remedy shall be regarded as unintentional. The event resulting in restoration of the status quo ante under section 32, paragraph 2 shall be deemed to occur when omission of the procedural action is made good.

Section 46 Consequences of defects in procedure and form

Application for annulment of an administrative act which is not invalid under section 44 cannot be made solely on the ground that the act came into being through the infringement of regulations governing procedure, form or local competence, where it is evident that the infringement has not influenced the decision on the matter.

Section 47 Converting a defective administrative act

(1) A defective administrative act may be converted into a different administrative act when it has the same aim, could legally have been issued by the issuing authority using the procedures and forms in fact adopted, and when the requirements for its issue have been fulfilled.

(2) Paragraph 1 shall not apply when the different administrative act would contradict the clearly recognisable intention of the issuing authority or when its legal consequences would be less favourable for the person affected than those of the defective act. Conversion is not permissible when the withdrawal of the administrative act would not be allowable.

(3) A decision dictated by a legal requirement cannot be converted into a discretionary decision.

(4) Section 28 shall apply mutatis mutandis.

Section 48 Withdrawal of an unlawful administrative act

(1) An unlawful administrative act may, even after it has become non-appealable, be withdrawn wholly or in part either retrospectively or with effect for the future. An administrative act which gives rise to a right or an advantage relevant in legal proceedings or confirms such a right or advantage (beneficial administrative act) may only be withdrawn subject to the restrictions of paragraphs 2 to 4.

(2) An unlawful administrative act which provides for a one-time or continuing payment of money or a divisible material benefit, or which is a prerequisite for these, may not be withdrawn so far as the beneficiary has relied upon the continued existence of the administrative act and his reliance deserves protection relative to the public interest in a withdrawal. Reliance is in general deserving of protection when the beneficiary has utilised the contributions made or has made financial arrangements which he can no longer cancel, or can cancel only by suffering a disadvantage which cannot reasonably be asked of him. The beneficiary cannot claim reliance when:

1. he obtained the administrative act by false pretences, threat or bribery;

2. he obtained the administrative act by giving information which was substantially incorrect or incomplete;

3. he was aware of the illegality of the administrative act or was unaware thereof due to gross negligence.

In the cases provided for in sentence 3, the administrative act shall in general be withdrawn with retrospective effect.

(3) If an unlawful administrative act not covered by paragraph 2 is withdrawn, the authority shall upon application make good the disadvantage to the person affected deriving from his reliance on the existence of the act to the extent that his reliance merits protection having regard to the public interest. Paragraph 2, third sentence shall apply. However, the disadvantage in financial terms shall be made good to an amount not to exceed the interest which the person affected has in the continuance of the administrative act. The financial disadvantage to be made good shall be determined by the authority. A claim may only be made within a year, which period shall commence as soon as the authority has informed the person affected thereof.

(4) If the authority learns of facts which justify the withdrawal of an unlawful administrative act, the withdrawal may only be made within one year from the date of gaining such knowledge. This shall not apply in the case of paragraph 2, third sentence, no. 1.

(5) Once the administrative act has become non-appealable, the decision concerning withdrawal shall be taken by the authority competent under section 3. This shall also apply when the administrative act to be withdrawn has been issued by another authority.

Section 49 Revocation of a legal administrative act

(1) A lawful, non-beneficial administrative act may, even after it has become non-appealable, be revoked wholly or in part with effect for the future, except when an administrative act of like content would have to be issued or when revocation is not allowable for other reasons.

(2) A lawful, beneficial administrative act may, even when it has become non-appealable, be revoked in whole or in part with effect for the future only when:

1. revocation is permitted by law or the right of revocation is reserved in the administrative act itself;

2. the administrative act is combined with an obligation which the beneficiary has not complied with fully or not within the time limit set;

3. the authority would be entitled, as a result of a subsequent change in circumstances, not to issue the administrative act and if failure to revoke it would be contrary to the public interest;

4. the authority would be entitled, as a result of an amendment to a legal provision, not to issue the administrative act where the beneficiary has not availed himself of the benefit or has not received any benefits derived from the administrative act and when failure to revoke would be contrary to the public interest, or

5. in order to prevent or eliminate serious harm to the common good. Section 48 paragraph 4 applies mutatis mutandis.

(3) A lawful administrative act which provides for a one-time or a continuing payment of money or a divisible material benefit for a particular purpose, or which is a prerequisite for these, may be revoked even after such time as it has become non-appealable, either wholly or in part and with retrospective effect,

1. if, once this payment is rendered, it is not put to use, or is not put to use either without undue delay or for the purpose for which it was intended in the administrative act;

2. if the administrative act had an obligation attached to it which the beneficiary either fails to satisfy or does not satisfy within the stipulated period. Section 48 paragraph 4 applies mutatis mutandis.

(4) The revoked administrative act shall become null and void with the coming into force of the revocation, except where the authority fixes some other date.

(5) Once the administrative act has become non-appealable, decisions as to revocation shall be taken by the authority competent under section 3. This shall also apply when the administrative act to be revoked has been issued by another authority.

(6) In the event of a beneficial administrative act being revoked in cases covered by paragraph 2, nos. 3 to 5, the authority shall upon application make good the disadvantage to the person affected deriving from his reliance on the continued existence of the act to the extent that his reliance merits protection. Section 48, paragraph 3, third to fifth sentences shall apply as appropriate. Disputes concerning compensation shall be settled by the ordinary courts.

Section 49a Reimbursement, interest

(1) Where an administrative act is either withdrawn or revoked with retrospective effect, or where it becomes invalid as a result of the occurrence of a condition which renders it null and void, any payments or contributions which have already been made shall be returned. The amount of such a reimbursement shall be stipulated in a written administrative act.

(2) The amount to be reimbursed, excepting interest, is governed by the relevant provisions of the Civil Code on surrendering undue enrichment. The beneficiary is not entitled to claim that enrichment no longer exists where he was either aware of the circumstances which led to the administrative act being withdrawn, revoked or becoming invalid, or failed as a result of gross negligence to be aware of this.

(3) Interest shall be due on the amount to be reimbursed from the date on which the administrative act becomes invalid at a rate of 5 (five) per cent per annum above the currently valid Discount Rate of the German Federal Bank [Deutsche Bundesbank]. The payment of interest may be waived where the beneficiary cannot be held responsible for the circumstances which led to the administrative act being withdrawn, revoked or becoming invalid and repays the amount in full within the time limit stipulated by the authority.

(4) If a reimbursement is not put to use upon receipt immediately and for the intended purpose, the payment of interest may be demanded at the level stated in paragraph 3, first sentence for the period up to the date at which it is put to its designated use. The same shall apply as far as a reimbursement is claimed, even when other funds are to be used proportionally or preferentially. The provisions of section 49, paragraph 3, first sentence, no. 1 remain unaffected.

Section 50 Withdrawal and revocation in proceedings for a legal remedy

Section 48, paragraph 1, second sentence and paragraphs 2 to 4 and section 49, paragraphs 2 to 4 and 6 shall not apply when a beneficial administrative act which has been contested by a third party is annulled during a preliminary procedure, or during proceedings before the administrative court, and the annulment operates in favour of the third party.

Section 51 Resumption of proceedings

(1) The authority shall, upon application by the person affected, decide concerning the annulment or amendment of a non-appealable administrative act when:

1. the material or legal situation basic to the administrative act has subsequently changed to favour the person affected;

2. new evidence is produced which would have meant a more favourable decision for the person affected;

3. there are grounds for resumption of proceedings under section 580 of the Code of Civil Procedure.

(2) An application shall only be acceptable when the person affected was, without grave fault on his part, unable to enforce the grounds for resumption in earlier proceedings, particularly by means of a legal remedy.

(3) The application must be made within three months, this period to begin with the day on which the person affected learnt of the grounds for resumption of proceedings.

(4) The decision regarding the application shall be made by the authority competent under section 3; this shall also apply when the administrative act which is to be anulled or amended was issued by another authority.

(5) The provisions of section 48, paragraph 1, first sentence and of section 49, paragraph 1 shall remain unaffected.

Section 52 Return of documents and other materials

When an administrative act has been revoked or withdrawn and appeal is no longer possible, or the administrative act is ineffective or no longer effective for other reasons, the authority may require such documents or materials as have been distributed as a result of the administrative act, and which serve to prove the rights deriving from the administrative act or its exercise, to be returned. The holder and, where this person is not the owner, also the owner of these documents or materials are obliged to return them. However, the holder or owner may require that the documents or materials be handed back to him once the authority has marked them as invalid. This shall not apply to materials for which such a marking is impossible or cannot be made with the necessary degree of visibility or permanence.

Division 3: Legal effects of an administrative act on the statute of limitations

Section 53 Suspension of the statute of limitations by administrative act

(1) An administrative act which is issued in order to determine or enforce the claim of a legal entity under public law suspends the statute of limitations in respect of the claim. This suspension shall continue until the administrative act has become non-appealable or 6 months after it has been otherwise settled.

(2) If an administrative act has become non-appealable within the meaning of paragraph 1, the time limit shall be set at 30 years. As far as the administrative act involves a claim to regularly recurring payments due in the future, the time limit that applies to this claim shall remain in force.

Part IV: Agreement under public law

Section 54 Admissibility of an agreement under public law

A legal relationship under public law may be constituted, amended or annulled by agreement (agreement under public law) in so far as this is not contrary to legal provision. In particular, the authority may, instead of issuing an administrative act, conclude an agreement under public law with the person to whom it would otherwise direct the administrative act.

Section 55 Compromise agreements

The authority may conclude an agreement under public law within the meaning of section 54, second sentence, which eliminates an uncertainty existing even after due consideration of the facts of the case or of the legal situation by mutual yielding (compromise) if the authority considers the conclusion of such a compromise agreement advisable in order to eliminate the uncertainty.

Section 56 Exchange agreements

(1) An agreement under public law within the meaning of section 54, second sentence and under which the party to the agreement binds himself to give the authority a consideration may be concluded when the consideration is agreed in the contract as being for a certain purpose and serves the authority in the fulfilment of its public tasks. The consideration must be in proportion to the overall circumstances and be materially connected with the contractual performance of the authority.

(2) Where a claim to the performance of the authority exists, only such considerations may be agreed which might form the subject of an additional stipulation under section 36, were an administrative act to be issued.

Section 57 Written form

An agreement under public law must be in written form except where another form is prescribed by law.

Section 58 Agreement of third parties and authorities

(1) An agreement under public law which infringes upon the rights of a third party shall become valid only when the third party gives his agreement in writing.

(2) If an agreement is concluded instead of an administrative act, the issuing of which by law would require the acceptance, agreement or approval of another authority, the agreement shall not become valid until the other authority has collaborated in the form prescribed.

Section 59 Invalidity of an agreement under public law

(1) An agreement under public law shall be invalid when its invalidity derives from the appropriate application of provisions of the Civil Code.

(2) An agreement within the meaning of section 54, second sentence shall also be invalid when:

1. an administrative act with equivalent content would be invalid;

2. an administrative act with equivalent content would be unlawful not merely for a deficiency in procedure or form under section 46, and this fact was known to the parties;

3. the conditions for conclusion of a compromise agreement were not fulfilled and an administrative act with similar content would be unlawful not merely for a deficiency in procedure or form under section 46;

4. the authority requires a consideration which is not permissible under section 56.

(3) If only a part of the agreement is invalid, it shall be invalid in its entirety, unless it can be assumed that it would also have been concluded without the part which is invalid.

Section 60 Adaptation and termination in special cases

(1) If the circumstances which determined the content of the agreement have altered since the agreement was concluded so substantially that one party to the agreement cannot reasonably be expected to adhere to the original provisions of the agreement, this party may demand that the content of the agreement be adapted to the changed conditions or, where such adaptation is impossible or not reasonably to be expected of the other party, may terminate the agreement. The authority may also terminate the agreement in order to avoid or eliminate grave

harm to the common good.

(2) Termination must be in written form, except where the law prescribes another form. Reasons for termination must be stated.

Section 61 Submission to immediate enforcement

(1) Any party to an agreement may submit to immediate enforcement deriving from an agreement under public law within the meaning of section 54, second sentence. The authority must in this case be represented by the head of the authority, his general deputy or a member of the civil service qualified for judicial office or fulfilling the requirements of section 110, first sentence of the German Judiciary Act.

(2) The federal law on administrative enforcement shall apply mutatis mutandis to agreements under public law within the meaning of paragraph 1, first sentence when the party entering upon the agreement is an authority within the meaning of section 1, paragraph 1, no. 1. If a natural or legal person under private law or an association not having legal capacity effects enforcement for a monetary claim, section 170, paragraphs 1 to 3 of the Code of Administrative Court Procedure shall apply mutatis mutandis. If enforcement is designed to obtain performance, suffering or non-performance of an action against an authority within the meaning of section 1, paragraph 1, no. 1, section 172 of the Code of Administrative Court Procedure shall again apply as appropriate.

Section 62 Supplementary application of provisions

As far as sections 54 to 61 do not provide otherwise, the remaining provisions of this Act shall apply. The provisions of the Civil Code shall also additionally apply as appropriate.

Part V: Special types of procedures

Division 1: Formal administrative proceedings

Section 63 Application of provisions concerning formal administrative proceedings

(1) Formal administrative proceedings pursuant to this Act take place when required by law.

(2) Formal administrative proceedings are governed by sections 64 to 71 and, unless they provide otherwise, the other provisions of this Act.

(3) Notice under section 17, paragraph 2, second sentence and the requirement under section 17, paragraph 4, second sentence shall be publicly announced in formal administrative proceedings. Public announcement shall be effected when the notification or the requirement is published by the authority in its official bulletin and also in local daily newspapers which circulate widely in the district in which the decision may be expected to have its effects.

Section 64 Form of applications

If formal administrative proceedings require an application, this shall be made in writing or be recorded in writing by the authorities.

Section 65 Participation of witnesses and experts

(1) In formal administrative proceedings witnesses are obliged to give evidence and experts to provide opinions. The provisions of the Code of Civil Procedure regarding the obligation to give evidence as a witness or to furnish an opinion as an expert, the rejection of experts and the hearing of statements by members of the civil service as witnesses or experts shall apply mutatis mutandis.

(2) If witnesses or experts refuse to give evidence or to furnish an opinion in the absence of any of the grounds referred to in sections 376, 383 to 385 and 408 of the Code of Civil Procedure, the authority can ask the administrative court competent in the area in which the witness or expert has his domicile or normal residence to take evidence. If the domicile or normal residence of the witness or expert is not at a place where there is an administrative court or specially constituted chamber, the competent municipal court may be requested to take the evidence. In making its request the authority must state the subject of the examination and the names and addresses of those concerned. The court shall inform those concerned of the dates on which evidence will be

taken.

(3) If the authority considers it advisable for statements to be made under oath in view of the importance of the evidence of a witness or of the opinion of an expert, or in order to ensure that the truth is told, it may request the court competent under paragraph 2 to administer the oath.

(4) The court shall decide as to the legality of a refusal to give evidence or an opinion or to take the oath.

(5) An application under paragraph 2 or 3 to the court may be made only by the head of an authority, his general deputy or a member of the civil service qualified for judicial office or fulfilling the conditions of section 110, first sentence of the German Judiciary Act.

Section 66 Obligation to hear participants

(1) In formal administrative proceedings the participants shall be afforded the opportunity of making a statement before a decision is taken.

(2) Participants shall be afforded an opportunity of attending hearings of witnesses and experts and inspecting the locality concerned and of asking pertinent questions. They shall be furnished with a copy of any opinion existing in written or electronic form.

Section 67 Need for an oral hearing

(1) The authority shall decide after an oral hearing, to which the participants shall be invited in writing on due notice. The invitations should point out that if a participant fails to appear, the discussions can proceed and decisions be taken in his absence. If more than 50 invitations must be sent, this may be done by public announcement. Public announcement shall be effected by publishing the date of the hearing at least two weeks beforehand in the official bulletin of the authority, and also in the local daily newspapers with wide circulation in the district in

which the decision may be expected to have its effect, reference being accordingly made to the third sentence. The period referred to in the fifth sentence shall be calculated from the date of publication in the official bulletin.

(2) The authority may reach a decision without an oral hearing when:

1. an application is fully complied with by agreement between all concerned;

2. within the period set for this purpose no party has entered opposition to the intended measure;

3. the authority has informed the participants that it intends to reach a decision without an oral hearing and no participant opposes this within the period set for this purpose;

4. all participants have agreed to waive the hearing;

5. an immediate decision is necessary because of the risk involved in delay.

(3) The authority shall pursue proceedings so as to ensure that if possible the matter can be settled in one session.

Section 68 Conduct of oral hearings

(1) The oral hearing shall not be public. It may be attended by representatives of the supervisory authority and by persons working with the authority for training purposes. The person in charge of the hearing may admit other people if no participant objects.

(2) The person in charge of the hearing shall discuss the matter with the parties concerned. He shall endeavour to clarify applications which are unclear, to see that relevant applications are made, inadequate statements supplemented and that all explanations necessary to ascertain the facts of the case are given.

(3) The person in charge of the hearing shall be responsible for keeping order. He may have persons who do not observe his orders removed. The hearing may be continued without such persons.

(4) A written record shall be made of the oral hearing and must contain the following information:

1. place and date of the hearing,

2. the names of the person in charge of the hearing and of the participants, witnesses and experts appearing,

3. the subject of the inquiry and the applications made,

4. the chief content of statements by witnesses and experts,

5. the result of any visit to the location concerned.

The written record shall be signed by the person in charge of the hearing and, where the services of such a person are used, by the person keeping the written record. Inclusion in a document attached in the form of an appendix and designated as such shall be equivalent to inclusion in a written record of the hearing. The record of the hearing shall make reference to the appendix.

Section 69 Decisions

(1) The authority shall take its decision having considered the overall result of proceedings.

(2) Administrative acts which conclude the formal proceedings must be in written form, must contain a statement of grounds and be sent to the participants; in cases referred to in section 39, paragraph 2, nos. 1 and 3, no statement of grounds is required. An electronic administrative act as described in sentence 1 shall be provided with a permanently verifiable qualified electronic signature. Where more than 50 notifications have to be sent, this may be replaced by public announcement. Public announcement shall be effected by publishing the operative part of the decision in the official bulletin of the authority, and also in the local daily newspapers with circulation in the district in which the decision may be expected to have its effect. The administrative act shall be deemed to have been delivered two weeks from the day of publication in the official bulletin, which fact shall be included in the announcement. After public announcement has been made and until the period for appeal has expired, the administrative act may be requested in writing or electronically by the participants, which fact shall also be included in the announcement.

(3) If formal administrative proceedings are concluded in another manner, those concerned shall be informed. If more than 50 notifications have to be sent, this may be replaced by public announcement; paragraph 2, fourth sentence shall apply mutatis mutandis.

Section 70 Contesting the decision

No examination in preliminary proceedings is required before an action is brought before the administrative court against an administrative act issued in formal administrative proceedings.

Section 71 Special provisions governing formal proceedings before committees

(1) If the formal administrative procedure takes place before a committee (section 88), each member shall be entitled to put relevant questions. If a participant objects to a question, the committee shall decide as to the question’s admissibility.

(2) Only committee members who have attended the oral hearing may be present during discussions and voting. Other persons who may attend are those employed for training purposes by the authority forming the committee, subject to the chairman’s approval. The results of the voting must be recorded.

(3) Any participant may reject a member of the committee who is not entitled to take part in the administrative proceedings (section 20) or who may be prejudiced (section 21). A rejection made before the oral hearing must be explained in writing or recorded. The explanation shall not be acceptable if the participant has attended the oral hearing without making known his reasons for rejection. Decisions as to rejection shall be governed by section 20, paragraph 4, second to fourth sentences.

Division 1a: Procedures dealt with by a single authority

Section 71a Applicability

(1) Where it is stipulated by law that an administrative procedure may be dealt with by a single authority, the provisions of this division and, where they do not stipulate otherwise, the remaining provisions of this law shall apply.

(2) The duties pursuant to section 71 b paragraphs 3, 4 and 6, section 71 c paragraph 2 and section 71 e shall be incumbent on the competent authority even in cases where the applicant or the person who is under an obligation to notify, addresses himself directly to the competent authority.

Section 71b Procedure

(1) The single authority shall receive notices, applications, statements of intent and documents and shall transfer them immediately to the competent authorities.

(2) On the third day following receipt by the single authority, notices, applications, statements of intent and documents shall be deemed received by the competent authority. Time limits shall be deemed observed if the notice, application, statement of intent or document is received in good time by the single authority.

(3) If a notice, application or statement of intent fixes a time limit within which the competent authority is to take action, the competent authority shall issue a receipt. The receipt shall indicate the date on which the notice, application or statement of intent was received by the single authority and state the time limit, the preconditions for fixing the time limit and the legal consequences resulting from expiry of the time limit and the legal remedy available.

(4) If the notice or application is incomplete, the competent authority shall immediately request the applicant or the person who has filed the notice to submit the missing documents. The request shall contain a reference pointing out that the time limit pursuant to paragraph 3 is fixed by the receipt of the complete documentation. The date on which the subsequently submitted documents are received by the single authority shall be confirmed to the applicant or the person who has filed the notice.

(5) To the extent that the single authority is involved in the handling of the procedure, notices by the competent authority to the applicant or the person who has filed a notice should be passed on through the single authority. Upon the request of the person for whom it is intended, an administrative act shall be made known immediately to him by the competent authority.

(6) A written administrative act shall be deemed notified one month after posting if posted to a foreign address. Section 41, paragraph 2, third sentence shall apply mutatis mutandis. The applicant or the person who has filed a notice must not be required to appoint an authorized recipient pursuant to section 15.

Section 71c Duty to provide information

(1) Upon request, the single authority shall immediately provide information on the relevant regulations, the competent authorities, the access to public registers and data bases, the procedural rights available and the institutions which support the applicant or the person who has filed a notice in taking up or exercising his activity. It shall immediately inform the applicant or the person who has filed a notice if such a request is too unspecific.

(2) Upon request, the competent authorities shall immediately provide information on the relevant regulations and their customary interpretation. Encouragements and information required pursuant to section 25 shall be provided immediately.

Section 71d Mutual Support

Together, the single authority and the competent authorities shall strive for an orderly and expeditious handling of the procedure; all single authorities and competent authorities shall be supported in these efforts. The competent authorities shall make available to the single authority in particular the necessary information concerning the status of the procedure.

Section 71e Electronic Procedure

Upon request, the procedure under this division shall be handled electronically. The provisions under section 3 a, paragraph 2, second and third sentence and paragraph 3 shall remain unaffected.

Division 2: Procedures for planning approval

Section 72 Application of provisions on planning approval procedures

(1) Where the law requires proceedings for planning approval, these shall be governed by sections 73 through 78 and, unless these provide otherwise, by the remaining provisions of this Act. Section 51 and sections 71a to 71e shall not apply and section 29 shall apply with the condition that files shall be open to inspection at the due discretion of the authority.

(2) Notice under section 17, paragraph 2, second sentence and the requirement under section 17, paragraph 4, second sentence shall be publicly announced in planning approval proceedings. Public announcement shall be effected by the authority publishing the notification or the requirement in its official bulletin and also in local daily newspapers which circulate widely in the district in which the project may be expected to have its effect.

Section 73 Hearings

(1) The project developer shall submit the plan to the hearing authorities to enable the hearing to be held. The plan shall comprise the drawings and explanations to clarify the project, the reasons behind it and the land and structures affected.

(2) Within one month of receiving the complete plan the hearing authorities shall gather the opinions of those authorities whose spheres of competence are affected by the project and shall make the plan available for inspection in those communities on which the project is likely to have an impact.

(3) Within three weeks of receiving the plan, the communities referred to in paragraph 2 shall make the plan available for inspection for a period of one month. This procedure may be omitted where those affected are known and are given the opportunity to examine the plan during a reasonable period.

(3a) The authorities referred to in paragraph 2 shall report their opinions within a period to be stipulated by the hearing authority, and not to exceed three months. Comments made after the date set for discussion shall be disregarded, unless the matters raised are already or should already have been known to the planning approval authority or have a bearing on the legality of the decision.

(4) Any person whose interests are affected by the project may, up to two weeks after the end of the inspection period, lodge objections to the plan in writing or in a manner to be recorded with the hearing authority or with the community. In the case referred to in paragraph 3, second sentence, the period for lodging objections shall be determined by the hearing authority. Following the closing date for lodging objections, no objections shall be allowed except those which rest on specific titles enforceable under private law. This fact shall be noted in the announcement

of the inspection period or in the announcement of the closing date for lodging objections.

(5) Those communities in which the plan is to be made public shall give advance notice of the fact according to local custom. The announcement shall state:

1. where and for what period the plan is open to inspection;

2. that any objections must be lodged with the authorities mentioned in the announcement within the time limit set for that purpose;

3. that if a participant fails to attend the meeting for discussion, discussions may proceed without him;

4. that:

a) those persons who lodge objections may be informed of the dates of meetings for discussion by public announcement,

b) the notification of decisions on objections may be replaced by public announcement, if more than 50 notifications have to be made or served. Persons affected who do not reside locally but whose identity and residence are known or can be discovered within a reasonable period shall, at the instigation of the hearing authority, be informed of the plan’s being made available for inspection, with reference to sentence 2.

(6) Following the closing date for lodging objections, the hearing authority shall discuss those objections made to the plan in good time, and the opinions of the authorities with regard to the plan, with the project developer, the authorities, the persons affected by the plan and those who have lodged objections to it. The date of the meeting for discussion must be announced at least a week beforehand in the manner usual in the district. The authorities, the project developer and those who have lodged objections shall be informed of the date set for discussion of the plan. If apart from notifications to authorities and the project developer more than 50 notifications must be sent, this may be replaced by public announcement. Public announcement shall be effected, notwithstanding sentence 2, by publishing the date of the meeting for discussion in the official journal of the hearing authority, and also in local daily newspapers with wide circulation in the district in which the project may be expected to have its effect. The period referred to in the second sentence shall be calculated from the date of publication in the official bulletin. In

other respects, the discussion shall be governed by the provisions concerning oral hearings in formal administrative proceedings (section 67, paragraph 1, third sentence, paragraph 2, nos. 1 and 4 and paragraph 3, and section 68) as appropriate. Discussion shall be concluded within three months of the closing date for lodging objections.

(7) Notwithstanding the provisions of paragraph 6, second to fifth sentences, the date of the meeting for discussion may already be fixed in the announcement in accordance with paragraph 5, second sentence.

(8) If a plan already open for inspection is to be altered, and if this means that the sphere of competence of an authority or the interests of third parties are affected for the first time or more greatly than hitherto, they shall be informed of the changes and given the opportunity to lodge objections or state their points of view within a period of two weeks. If the change affects the territory of another community, the altered plan shall be made available for inspection in that community; paragraphs 2 to 6 shall apply as appropriate.

(9) The hearing authority shall issue a statement concerning the result of the hearing and shall send this, together with the plan, the opinions of the authorities and those objections which have not been resolved, to the planning approval authority, if possible within one month of the conclusion of the discussion.

Section 74 Decisions on planning approval, planning consent

(1) The planning authority shall consider and decide on the plan (planning approval decision). The provisions concerning decisions and contesting decisions in formal administrative proceedings (sections 69 and 70) shall apply.

(2) The planning approval decision shall contain the decision of the planning approval authority concerning the objections on which no agreement was reached during discussions before the hearing authority. It shall impose upon the project developer the obligation to take measures or to erect and maintain structures or facilities necessary for the general good or to avoid detrimental effects on the rights of others. Where such measures or facilities are impracticable or irreconcilable with the project, the person affected may claim reasonable monetary compensation.

(3) Where it is not yet possible to make a final decision, this shall be stated in the planning approval decision; the project developer shall at the same time be required to submit in good time any documents still missing or required by the planning approval authority.

(4) The planning approval decision shall be sent to the project developer, those people known to be affected by the project and those people whose objections have been dealt with. A copy of the decision, together with advice on legal remedies and a copy of the plan as approved, shall be open for inspection in the communities concerned for two weeks, the place and time at which the plan may be inspected being made known in accordance with local custom. With the end of the inspection period, the other parties affected shall be regarded as having been notified, which fact shall be made known in the announcement.

(5) If apart from the project developer more than 50 notifications have to be made under paragraph 4, this may be replaced by public announcement. Public announcement shall be effected by publishing the operative part of the decision of the planning approval authority, as well as advice on legal remedies and a reference to the fact that the plan is open to public inspection pursuant to paragraph 4, second sentence, in the official bulletin of the competent authority, and also in local daily newspapers with wide circulation in the district in which the project may be expected to have its effect. Any impositions shall be indicated. At the end of the period of public inspection, those affected by the decision and those who have lodged objections to it shall be regarded as having been notified, which fact shall be indicated in the public announcement. Between the time of the public announcement and the end of the period during which legal remedies may be sought, those affected by the decision and those who have lodged objections may make written requests for copies of the decision; this shall likewise be indicated in the public announcement.

(6) Planning consent may be issued in place of a planning approval decision where

1. there is no impairment of the rights of others or where those affected have declared in writing that they consent to the utilisation of their property or of some other right, and

2. agreement has been reached with those public agencies whose spheres of competence are affected.

Planning consent has the same legal effects as planning approval except for the predetermining legal effect with regard to later expropriation; the granting of such consent shall not be governed by the provisions on planning approval procedures. Re-examination in preliminary proceedings is not required prior to the filing of an action with the administrative court. Section 75, paragraph 4 applies mutatis mutandis.

(7) Planning approval and planning consent are not required in cases of minor significance. Such cases are deemed to exist where

1. no other public concerns are affected, or the required decisions on the part of authorities have already been taken and are not in conflict with the plan, and

2. rights of others are not affected, or the relevant agreements have been reached with those affected by the plan.

Section 75 Legal effects of planning approval

(1) Planning approval has the effect of establishing the admissibility of the project, including the necessary measures subsequently to be taken in connection with other installations and facilities, having regard to all public interests affected thereby. No other administrative decisions, in particular consent issued under public law, grants, permissions, authorisations, agreements or planning approvals are required. Planning approval legally regulates all relationships under public law between the project developer and those affected by the project.

(1a) Flaws in the weighing of public and private interests touched by the project shall be deemed to be significant only where they have clearly exerted an influence on the outcome of deliberations. Significant flaws in weighing public and private interests shall result in the annulment of the decision on planning approval or of planning consent only where such flaws cannot be rectified by means of modifications to the plan or by a supplementary procedure.

(2) Once the decision on planning approval has become nonappealable, no claims to stop the project, to remove or alter structures or to stop their use will be allowed. If unforeseeable effects of the project, or of structures built in accordance with the approved plan, on the rights of another become apparent only after the plan has become nonappealable, the person affected may demand that measures be undertaken or structures erected and maintained to counteract the detrimental effects. Such measures shall be imposed on the project developer by a decision of the planning approval authority. If such measures or the installation of such structures are impracticable or irreconcilable with the project, a claim may be made for reasonable monetary compensation. If measures or structures within the meaning of sentence 2 become necessary because of changes which occur on a neighbouring piece of land after the planning approval procedure has been concluded, the costs arising shall be borne by the owners of the adjacent land, unless such changes are the result of natural occurrences or force majeure; sentence 4 shall not apply.

(3) Applications seeking to enforce claims to the erection of installations or structures or for reasonable compensation in accordance with paragraph 2, second and fourth sentences shall be made to the planning authority in writing. These shall only be acceptable if made within three years of the date on which the person affected became aware of the detrimental effects of the project resulting from the non-appealable plan, or of the installations. They may not be made once thirty years have passed from the creation of the situation shown in the plan.

(4) If work is not commenced on the project within five years of the plan becoming non-appealable, it shall become invalid.

Section 76 Changes to the plan before the project is finished

(1) If the approved plan is to be changed before the project is finished, a new approval procedure shall be required.

(2) If the changes to the plan are of negligible importance, the planning approval authorities may waive the need for a new procedure

where the interests of others are not affected or where those affected have agreed to the change.

(3) If, in the cases referred to in paragraph 2, or in other cases of a negligible change to a plan, the planning approval authority conducts an approval procedure, then no hearing and no public notification of the planning approval decision is required.

Section 77 Annulment of a planning approval decision

If a project on which work has commenced is permanently abandoned, the planning authority shall annul the approval decision. The annulment decision shall require the project developer to restore the status quo ante or to take other suitable measures where these are necessary for the common good or in order to avoid detrimental effects to the rights of others. If such measures are required because changes occur on an adjacent piece of land after the planning approval procedure has been completed, the planning approval authority may decide to require the project developer to undertake suitable measures. However, the cost thereof shall be borne by the owner of the adjacent piece of land except where such changes are the result of natural occurrences or force majeure.

Section 78 Coincidence of several projects

(1) If a number of independent plans, the execution of which requires planning approval procedures, coincide in such a manner that only a uniform decision is possible for these projects or parts thereof, and if at least one of the planning approval procedures is regulated by federal law, these projects or parts thereof shall be the subject of one single planning approval procedure.

(2) Competence and procedures shall be governed by the regulations relating to planning approval proceedings prescribed for that structure or facility which affects a larger number of relationships under public law. In the event of uncertainty as to which legal provision applies, the Federal Government shall decide, if according to the relevant provisions a number of federal authorities within the remit of a number of supreme federal authorities are competent; otherwise, the highest competent federal authority shall decide. Where there is uncertainty as to which legal provision applies, and if according to the relevant provisions, a federal authority and a Land authority are competent, and the highest federal and Land authorities are unable to reach an agreement, the federal and Land governments shall come to an agreement as to which legal provision shall apply.

Part VI: Procedures for legal remedies

Section 79 Remedies for administrative acts

Formal remedies for administrative acts shall be governed by the Code of Administrative Court Procedure and its implementing legislation, except where the law determines otherwise; in other respects, the provisions of this Act shall apply.

Section 80 Refund of costs in preliminary proceedings

(1) Where an appeal is successful, the legal entity whose authority issued the disputed administrative act shall refund to the person appealing the costs involved in the legal prosecution or defence proceedings. This shall also apply where the appeal is unsuccessful only because the infringement of a prescription as to form or procedure is insignificant under section 45. Where the appeal is unsuccessful, the person entering the appeal shall refund to the authority which issued the disputed administrative act the costs involved in the necessary legal prosecution or defence proceedings. This shall not apply when an appeal is entered against an administrative act which was issued:

1. in the context of an existing or previously existing relationship of employment or official service under public law, or

2. in the context of an existing or previously existing official duty or an activity which may be performed instead of the legally required official duty.

Costs arising due to the fault of a person entitled to a refund shall be borne by him; the fault of a representative shall be regarded as that of the person represented.

(2) The fees and expenses of a lawyer or other authorised representative in preliminary proceedings are refundable when the use of a lawyer’s services was necessary.

(3) The authority making the decision as to costs shall upon application fix the amount of the costs to be refunded. If a committee or advisory board (section 73, paragraph 2 of the Code of Administrative Court Procedure) has made a decision as to costs, the fixing of costs shall be the responsibility of the authority forming the committee or advisory board. The decision as to costs shall also determine whether the services of a lawyer or other authorised representative were necessary.

(4) Paragraphs 1 to 3 shall apply also to preliminary proceedings connected with measures relating to the legal status of the judiciary.

Part VII: Honorary positions, committees

Division 1: Honorary positions

Section 81 Application of the provisions on honorary positions

Sections 82 to 87 govern participation in an administrative procedure in an honorary capacity as far as legal provisions do not provide for exceptions.

Section 82 Duty of honorary participation

A duty to assume an honorary position shall exist only when the duty is provided for by legislation.

Section 83 Performance of an honorary function

(1) A person acting in an honorary capacity shall perform the function in a conscientious and impartial manner.

(2) Upon assuming the position, he shall be expressly obliged to carry out the tasks in a conscientious and impartial manner and to observe secrecy. A written record of the conferring of this obligation shall be made.

Section 84 Duty to observe secrecy

(1) A person acting in an honorary capacity shall observe secrecy concerning the official business revealed to him, even after the honorary activity has ended. This obligation shall not apply to official communications or facts which are common knowledge or whose significance requires no obligation of secrecy.

(2) A person acting in an honorary capacity may not without permission testify in court, make statements outside court or make declarations concerning the official business he is obliged to keep secret.

(3) Permission to testify as a witness may be refused only if the testimony would be detrimental to the welfare of the Federation or a Land, or would seriously endanger or significantly interfere with the execution of public duties.

(4) If the person who holds an honorary position is a participant in a legal action before a court, or if his arguments serve to protect legitimate personal interests, permission to testify may be refused, even if the conditions in paragraph 3 are fulfilled, only if required by a compelling public interest. If permission is refused, the person holding an honorary position shall be provided protection as allowed by the public interest.

(5) Permission granted in cases covered in paragraphs 2 to 4 shall be granted by the specially competent supervisory authority which appointed the person to the honorary position.

Section 85 Compensation

A person who performs an honorary function shall have a right to compensation for necessary expenses and for loss of earnings.

Section 86 Dismissal

Persons who have been appointed to perform an honorary function can be dismissed for good cause by the authority which appointed them. Good cause is shown in particular if the person who holds an honorary position

1. violates his duty in a grievous manner or proves to be unworthy;

2. is no longer capable of performing the duties in a proper manner.

Section 87 Administrative offences

(1) An administrative offence shall be deemed to have been committed by any person who

1. does not assume an honorary position although he is obliged to do so;

2. lays down an honorary position which he is obliged to assume without a valid and sufficient reason.

(2) The administrative offence can be punished by a fine.

Division 2: Committees

Section 88 Application of the provisions on

Sections 89 to 93 shall govern committees, advisory councils and other collegial bodies (committees) when they participate in an administrative procedure, unless legislation provides otherwise.

Section 89 Order of meetings

The chairman shall open, preside over and close the meeting; he shall be responsible for order.

Section 90 Quorum

(1) Committees shall constitute a quorum when all the members have been duly summoned and more than half, but at least three members who are eligible to vote are present. Resolutions may also be passed in a written procedure if no committee member objects.

(2) If a matter of official business has been deferred due to lack of a quorum and the committee is again summoned to take action on the same subject, the committee shall constitute a quorum regardless of the number of committee members present as long as this provision has been indicated in the summons.

Section 91 Adoption of resolutions

Resolutions shall be adopted by a majority of votes. In the case of a parity of votes, the chairman shall have the casting vote as long as he is eligible to vote; otherwise a parity of votes shall be considered a rejection of the resolution.

Section 92 Elections by committees

(1) Unless a member of a committee objects, voting shall be carried out by voice or signal, or else by ballot. A secret ballot shall be used if a committee member so requests.

(2) The candidate who receives the greatest number of votes cast shall be elected. In the case of a parity of votes, the official in charge of the election shall decide the election by drawing a lot.

(3) Unless otherwise resolved by unanimous vote, the election procedure to be used when a number of similar elective positions are to be filled shall be the d’Hondt highest number procedure. In the event of the highest number being shared, the official in charge of the election shall determine the allocation of the last elective position by drawing a lot.

Section 93 Minutes

Minutes of the meeting shall be kept. The minutes must contain the following information:

1. time and place of the meeting,

2. name of the chairman and of the committee members present,

3. subject dealt with and the motions presented,

4. resolutions passed,

5. election results.

The minutes shall be signed by the chairman and by a secretary if a secretary has been called in to keep the minutes.

Part VIII: Concluding provisions

Section 94 Delegation of municipal duties

By legal ordinance, the governments of the Länder shall be able to transfer duties which are incumbent on the communities under sections 73 and 74 of this Act to other local authorities, or to an administrative community. The legal provisions of Länder which already contain the appropriate regulations shall not be affected.

Section 95 Special arrangements for defence matters

If a state of defence or a state of tension has been declared, the following can be dispensed with in case of defence matters: hearing of participants (section 28, paragraph 1); confirmation in writing of an administrative act (section 37, paragraph 2, second sentence); written statement of grounds for an administrative act (section 39, paragraph 1). In derogation of section 41, paragraph 4, third sentence, an administrative act shall be deemed to have been promulgated in these cases on the day following the date of announcement. The same shall be valid for the other applicable regulations pursuant to Article 80a of the Basic Law.

Section 96 Transitional proceedings

(1) Proceedings which have already begun shall be concluded according to the provisions of this Act.

(2) The admissibility of a legal remedy for decisions issued before this Act came into force shall be governed by the provisions formerly in effect.

(3) Time limits which began before this Act came into force shall be calculated according to the provisions formerly in effect.

(4) The provisions of this Act shall be valid for the refund of costs in preliminary proceedings if the preliminary proceedings have not been concluded before this Act enters into force.

Section 97 Amendment of the Code of Administrative Court Procedure 

[Verwaltungsgerichtsordnung] – revoked

Section 98 Amendment of the Law Concerning Federal Long-Distance Highways 

[Bundesfernstraßengesetz] (revoked)

Section 99 Amendment of the Immissions Act [Bundes-Immissionsschutzgesetz] (revoked)

[Bundes-Immissionsschutzgesetz] – revoked

Section 100 Regulations under state law

The Länder shall be able to make laws which

1. provide for a regulation pursuant to section 16;

2. stipulate that for planning approval procedures executed on the basis of provisions under state law, the legal effects of section 75, paragraph 1, first sentence shall also be valid vis-à-vis the necessary decisions under federal law.

Section 101 City-state clause

The Senates of the Länder Berlin, Bremen and Hamburg are authorized to regulate local competence in derogation of section 3 in accordance with the particular administrative structure of their respective states.

Section 102 Transitional rule on section 53

Article 229, section 6, paragraphs 1 to 4 of the Introductory Act of the Civil Code applies mutatis mutandis to the use of section 53 in the version effective 1 January 2002.

Section 103 Entry into force


The above translation is unofficial. It was published by the Federal Ministry of the Interior. Reproduced with kind permission. This HTML edition by Christoph König and © 2009 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.