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Appeal against an administrative decision in an administrative procedure

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Detailed description

You can submit your objection in writing with a handwritten signature or present it in person to the issuing authority for record purposes. You can also submit your objection electronically. In doing so, you must observe the special regulations governing electronic communication with authorities. A simple email is not sufficient. The issuing authority and, if applicable, the appeals authority will review the decision again based on your objection.

If the objection is upheld (also called “remedied”), the original decision is revoked or corrected and, if necessary, a new decision is issued.
If the objection is rejected, the original decision of the issuing authority remains in force.

 

Information

Prerequisites

No

Documents required

No

Procedure

The issuing authority or the competent appeals authority will review its decision based on your appeal. Based on the new review or the newly discovered facts, it may consider your objections to be justified. If your appeal is upheld, it will revoke the decision or amend the decision in your favor (the appeal will be "remedied"). It will also make a decision on costs. If the issuing authority considers your objections to be unjustified, it will leave the decision unchanged.

If the issuing authority does not change the decision, it submits the objection to the competent appeals authority. The appeals authority is usually the authority that is technically superior to the issuing authority. There are exceptions in which the authority that issued the original decision also decides on the objection.

The appeals authority will now also examine the process in full. As a result of this examination, you will receive the appeals decision from the appeals authority. The appeals authority will also use this decision to decide who will bear the costs of the appeals procedure. The appeals decision contains a detailed statement of reasons and instructions on legal remedies. It will be formally delivered to you.

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Keywords: Legal remedy Contradict

Last updated: 16.01.2025