Administrative Court (VwGO)

Unofficial table of contents

VwGO

Date of completion: 21.01.1960

Full quote:

" Administrative court order in the version of the notice of 19 March 1991 (BGBl. 686), most recently by Article 3 of the Law of 17 July 2015 (BGBl. I p. 1322).

Status:	New by Bek. v. 19.3.1991 I 686
	Last amended by Art. 3 G v. 17.7.2015 I 1322

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +)   
(+ + + measures for beigetr.  five countries, see  VwGO Annex EV + + +)   
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123)  Art. 9   
 G v. 22.12.2010 I 2248 + + +) 

  

Unofficial table of contents

Content Summary

PART I
	Court constitution
		1. Section:	Courts	§ § 1 to 14
		Section 2:	Judges	§ § 15 to 18
		Section 3:	Honorary Judges	§ § 19 to 34
		Section 4:	Representatives of the public interest	§ § 35 to 37
		Section 5:	Court administration	§ § 38 and 39
		6. Section:	Administrative right and jurisdiction	§ § 40 to 53
PART II
	Procedure
		Section 7:	General procedural rules	§ § 54 to 67a
		8. Section:	Special provisions for countervailment and commitment actions	§ § 68 to 80b
		9. Section:	Procedure in the first legal proceedings	§ § 81 to 106
		10. Section:	Judgments and other decisions	§ § 107 to 122
		11. Section:	Injunction	§ 123
PART III
	Appeal and resumption of proceedings
		12. Section:	Appeal	§ § 124 to 131
		Section 13:	Revision	§ § 132 to 145
		14. Section:	Complaint, Reminder, Hearing of Hearing	§ § 146 to 152a
		15. Section:	Resumption of proceedings	Section 153
PART IV
	Costs and enforcement
		16. Section:	Cost	§ § 154 to 166
		17. Section:	Enforcement	§ § 167 to 172
PART V
	Closure and transitional provisions			§ § 173 to 195

Part I
Court constitution

Section 1
Courts

Unofficial table of contents

§ 1

Administrative jurisdiction shall be exercised by independent courts, separate from the administrative authorities. Unofficial table of contents

§ 2

Courts of administrative jurisdiction are the administrative courts in the Länder and a Higher Administrative Court, the Federal Administrative Court, which is based in Leipzig. Unofficial table of contents

§ 3

(1) By law,

1.

the establishment and the lifting of an administrative court or a Higher Administrative Court,

2.

the transfer of a place of jurisdiction;

3.

changes in the demarcation of the judicial districts,

4.

the allocation of individual subject matter to an administrative court for the districts of several administrative courts,

4a)

the allocation of procedures in which the local jurisdiction is determined in accordance with Article 52 (2), first sentence, (2) or (4), to another administrative court or to a number of administrative courts in the country;

5.

the establishment of individual chambers of the Administrative Court or individual Senate of the Administrative Court in other places,

6.

the transfer of pending proceedings to another court in the case of measures under points 1, 3, 4 and 4a, if the competence is not to comply with the rules in force so far.

(2) Several countries may agree to the establishment of a common court or joint body of a court or the extension of judicial districts beyond the national borders, including for individual matters. Unofficial table of contents

§ 4

For the courts of administrative jurisdiction, the provisions of the Second Title of the Law of the Court of Justice shall apply accordingly. The members and three representatives of the body responsible for decisions pursuant to section 99 (2) shall designate the Bureau for a period of four years. The members and their representatives must be judges at life time. Unofficial table of contents

§ 5

(1) The Administrative Court shall consist of the President and the Chairpersons of Judges and other Judges in the required number. (2) The Administrative Court shall be composed of Chambers. (3) The Chamber of the Administrative Court shall decide in the Occupation of three judges and two honorary judges, unless a single judge decides. In the case of decisions outside the oral proceedings and in the case of court proceedings (§ 84), the honorary judges do not act. Unofficial table of contents

§ 6

(1) The board shall, as a general rule, delegate the dispute to one of its members as a single judge for the decision if:

1.

the object has no particular difficulties of an actual or legal nature, and

2.

the case has no fundamental meaning.

A judge on a sample may not be an individual judge in the first year after his appointment. (2) The lawsuit may not be transferred to the individual judge if an oral hearing has already been carried out before the chamber, unless there is now a (3) The Court of Justice may, after consulting the parties concerned, transfer the dispute back to the Chamber if the proceedings result from a substantial change in the procedural situation that the case has been is of fundamental importance, or the matter is of particular difficulty, or is of a legal nature. A re-transfer to the individual judge shall be excluded. (4) Decisions pursuant to paragraphs 1 and 3 shall be indisputable. An undue transfer cannot be based on an undue transfer. Unofficial table of contents

§ § 7 to 8 (omitted)

Unofficial table of contents

§ 9

(1) The Higher Administrative Court shall consist of the President and the Chairpersons of Judges and other Judges in the required number. (2) The Higher Administrative Court shall be composed of Senate. (3) The Senate of the Supreme Administrative Court shall decide in the occupation of three judges; the national legislation may provide that the Senate will decide in the occupation of five judges, two of which may also be honorary judges. For the cases of Section 48 (1) it can also be provided that the senates decide in the occupation of five judges and two honorary judges. The second sentence of the second sentence and the second sentence shall not apply to the cases of Section 99 (2). (4) Unofficial table of contents

§ 10

(1) The Federal Administrative Court shall consist of the President and of the Chairpersons of Judges and other Judges in the required number. (2) The Federal Administrative Court shall be composed of Senate. (3) The Senate of the Federal Administrative Court shall be appointed. decide in the occupation of five judges, in the case of decisions outside the oral proceedings, in the occupation of three judges. Unofficial table of contents

§ 11

(1) In the Federal Administrative Court, a Grand Senate is formed. (2) The Grand Senate decides if a Senate wants to deviate from the decision of another Senate or the Grand Senate in a legal matter. (3) A submission to the Grand Senate shall be admissible only if the Senate, whose decision is to be dismissed, has declared, at the request of the Senate, that it shall maintain its legal opinion. If the Senate, whose decision is to be dismissed, is no longer able to deal with the question of law on account of a change in the business distribution plan, the Senate shall replace it in accordance with the business distribution plan for the case in which the Senate is responsible for the by way of derogation, it would now be responsible. The respective Senate decides on the question and the answer by decision in the occupation required for judgments. (4) The discerning senate may submit a question of fundamental importance to the Grand Senate for a decision, if that is the case. (5) The Grand Senate consists of the President and a Judge of the Senate, in which the President does not preside over the Council. A member of the Senate is also represented in the Grand Senate if he or she is to be dismissed as a revision Senate or to be dismissed by the decision of the Senate. In the event of the President's prevention, a Judge of the Senate to which he is a member shall take his place. (6) The members and the representatives shall be appointed by the Bureau for a financial year. This shall also apply to the Member of another Senate referred to in the second sentence of paragraph 5 and to his representative. The President of the Grand Senate is chaired by the President, while the oldest Member is prevented from serving as the oldest Member. In the event of a tie, the Chairman's vote gives the rash. (7) The Grand Senate only decides on the legal question. He can decide without oral proceedings. His decision is binding in the present case for the discerning Senate. Unofficial table of contents

§ 12

(1) The provisions of § 11 shall apply accordingly to the Oberverwaltungsgericht (Oberverwaltungsgericht), insofar as it finally decides on a question of the national law. The Court of Appeal is replaced by the Appellate Senate. (2) If a Higher Administrative Court consists of only two Appeals, the United Senate is replaced by the Grand Senate. (3) By Land Law, the Court of Appeal may a different composition of the Grand Senate will be determined. Unofficial table of contents

§ 13

A commercial office shall be established in each court. It shall be filled with the necessary number of official documents. Unofficial table of contents

§ 14

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

Section 2
Judges

Unofficial table of contents

§ 15

(1) The judges shall be appointed for life time, unless otherwise specified in § § 16 and 17. (2) (omitted) (3) The judges of the Federal Administrative Court must have completed the thirty-fifth year of life. Unofficial table of contents

§ 16

In the case of the Administrative Court and the Administrative Court, judges of other courts and ordinary professors of the law may be appointed for a certain period of at least two years, but at the latest for the duration of their term of office. Full-time, to be appointed judges in the subsidiary office. Unofficial table of contents

§ 17

In the administrative courts, judges can be used on sample or judge by order. Unofficial table of contents

§ 18

-

Section 3
Honorary Judges

Unofficial table of contents

§ 19

The honorary judge will have the same rights as the judge at the oral proceedings and the judgment of the judgment. Unofficial table of contents

§ 20

The honorary judge must be German. He's supposed to be 25. Year of life completed and resident within the court district. Unofficial table of contents

Section 21

(1) From the Office of the Honorary Judge are excluded

1.

persons who, as a result of judicial proceedings, have not been able to hold public office clothing or have been convicted of an intentional act of imprisonment of more than six months,

2.

persons who have been charged with an act which may result in the loss of the ability to hold public office clothing,

3.

Persons who do not have the right to vote to the legislative bodies of the country.

(2) Persons who have fallen into an infestation shall not be called on to honorary judges. Unofficial table of contents

Section 22

Honorary judges cannot be called

1.

Members of the Bundestag, the European Parliament, the legislative bodies of a country, the federal government or a state government,

2.

Judges,

3.

civil servants and employees in the public sector, in so far as they do not act on a voluntary basis,

4.

Occupational soldiers and soldiers on time,

4a.

(dropped)

5.

Lawyers, notaries and persons who procurate foreign legal affairs in business.

Unofficial table of contents

Section 23

(1) The appointment to the office of the honorary judge may refuse

1.

Spiritual and religious servants,

2.

Spoon and other honorary judges,

3.

Persons who have served two periods of office as honorary judges in the courts of general administrative jurisdiction,

4.

Doctors, nurses, midwives,

5.

Pharmacists who do not employ any other pharmacist,

6.

Persons who have reached the rule age limit in accordance with the Sixth Book of Social Code.

(2) In particular cases of hardship may also be exempted from the adoption of the Office upon request. Unofficial table of contents

§ 24

(1) An honorary judge shall be disbanded from his office if he

1.

could not be called or could no longer be called in accordance with § § 20 to 22; or

2.

has been grossly violating its official duties, or

3.

a ground of refusal pursuant to section 23 (1), or

4.

no longer possesses the mental or physical abilities required for the performance of his duties, or

5.

give up his residence in the judicial district.

(2) In particular cases of hardship may also be released upon request from the further performance of the Office. (3) The decision shall be taken by a Senate of the Supreme Administrative Court in the cases referred to in paragraph 1 (1), (2) and (4) at the request of the President of the administrative court, in the cases referred to in paragraph 1 (3) and (5) and in paragraph 2, at the request of the honorary judge. The decision shall be taken by decision after consultation of the honorary judge. (4) Paragraph 3 applies accordingly in the cases of § 23 para. 2. (5) At the request of the honorary judge, the decision pursuant to paragraph 3 shall be waived by the Senate of the Supreme Administrative Court if the prosecution pursuant to Section 21 (2) was filed. and the person who has been accused has been legally incriminated or acquitted of persecution. Unofficial table of contents

Section 25

The honorary judges are elected for five years. Unofficial table of contents

Section 26

(1) Each administrative court shall appoint a committee for the election of the honorary judges. (2) The Committee shall consist of the President of the Administrative Court as Chairman, an administrative officer appointed by the Land Government, and seven Trust people as co-workers. The people of trust, seven representatives are elected from the administrative district of the administrative court district of the Landtag or from a Land Parliament committee designated by it or by a Land Law. You have to fulfill the requirements for appointment as honorary judges. The State Governments are empowered to regulate, by means of a regulation, the responsibility for the determination of the administrative officer by way of derogation from the first sentence. You can transfer this authorization to the supreme state authorities. In the cases referred to in Section 3 (2), responsibility for the appointment of the administrative officer and of the country for the election of the liaison officers shall be governed by the seat of the General Court. In such cases, national legislation may provide that each State Government concerned shall send an administrative officer to the Committee and that each country concerned shall appoint at least two persons of trust. (3) The Committee shall be able to take a decision, if at least the chairman, an administration official and three trust people are present. Unofficial table of contents

§ 27

The number of honorary judges required for each administrative court shall be determined by the President in such a way that it is likely that each day shall be taken up to a maximum of twelve ordinary sitting days in the year. Unofficial table of contents

§ 28

In every fifth year, the counties and county-free cities set up a list of proposals for honorary judges. The Committee shall determine the number of persons to be included in the list of proposals for each county and for each county-free city. The number of honorary judges required in accordance with § 27 shall be based on this. For inclusion in the list, the approval of two thirds of the present members of the representative body of the district or of the county-free city, at least half of the legal membership number is required. The respective regulations for the decision-making of the representative body remain unaffected. The list of proposals shall also contain, in addition to the name, the place of birth, the date of birth and the profession of the proposed person; they shall be forwarded to the President of the competent administrative court. Unofficial table of contents

§ 29

(1) The Committee shall select from the list of proposals by a majority of at least two-thirds of the votes the required number of honorary judges. (2) Until the re-election, the former honorary judges shall remain in office. Unofficial table of contents

§ 30

(1) Before the beginning of the financial year, the Bureau of the Administrative Court shall determine the order in which the honorary judges are to be used for the meetings. (2) For the use of representatives in the event of unforeseen prevention, a A list of volunteers from honorary judges who live in or near the place of jurisdiction. Unofficial table of contents

Section 31

(dropped) Unofficial table of contents

Section 32

The honorary judge and the confidence man (§ 26) receive compensation under the Justice Remuneration and Compensation Act. Unofficial table of contents

§ 33

(1) An administrative fee may be fixed against a voluntary judge who does not find himself in time without a sufficient excuse for a meeting or who is not able to withdraw his duties in any other way. At the same time, the costs caused by his behaviour can be imposed on him. (2) The decision shall be taken by the chairman. In the event of subsequent apology, he or she may cancel it in whole or in part. Unofficial table of contents

Section 34

§ § 19 to 33 apply to the honorary judges in the Supreme Administrative Court accordingly, if the national legislation has determined that honorary judges participate in this court.

Section 4
Representatives of the public interest

Unofficial table of contents

§ 35

(1) The Federal Government shall appoint a representative of the Federal Republic of Germany to the Federal Administrative Court and shall establish it in the Federal Ministry of the Interior. The representative of the federal interest in the Federal Administrative Court may take part in any proceedings before the Federal Administrative Court; this does not apply to proceedings before the military service senates. He is bound by the instructions of the Federal Government. (2) The Federal Administrative Court shall give the representative of the federal interest to the Federal Administrative Court the opportunity to express his views. Unofficial table of contents

§ 36

(1) A representative of the public interest may be determined by the Administrative Court and the Administrative Court in accordance with a legal regulation of the Land Government. In general or in certain cases the representation of the country or of the national authorities can be transferred to him. (2) § 35 (2) applies accordingly. Unofficial table of contents

Section 37

(1) The representative of the federal interest in the Federal Administrative Court and his full-time employees of the higher service must have the competence to the judge's office or satisfy the conditions of § 110 sentence 1 of the German Judge Act. (2) The representative of the public interest in the Oberverwaltungsgericht (Oberverwaltungsgericht) and the Administrative Court must have the competence to the judge's office in accordance with the German Judges Act; § 174 shall remain unaffected.

Section 5
Court administration

Unofficial table of contents

§ 38

(1) The President of the Court of First Instance shall exercise the administrative supervision of the judges, officials, employees and workers. (2) The President of the Administrative Court shall be the supervising office of the Administrative Court. Unofficial table of contents

§ 39

No administrative transactions may be transferred to the Court of First Instance outside the Court of Justice.

6.
Administrative right and jurisdiction

Unofficial table of contents

§ 40

(1) The administrative law path shall be given in all public-law disputes of a non-constitutional nature, insofar as the disputes are not expressly assigned by federal law to another court. Public-law disputes in the area of national law may also be assigned to another court by State Law. (2) For property rights claims arising from sacrifice for the common good and from public service law Custody as well as for claims for damages arising from the breach of public service obligations which are not based on a public service contract shall be given the proper legal recourse; this shall not apply to disputes over the existence and the amount of a compensation under Article 14 (1) sentence 2 of the Basic law. The special provisions of the civil service law as well as the legal path in the event of the compensation of property disadvantages due to the withdrawal of illegal administrative acts remain unaffected. Unofficial table of contents

Section 41

(dropped) Unofficial table of contents

§ 42

(1) The annulment of an administrative act (appeal) as well as the conviction for the adoption of a rejected or forsaken administrative act (commitment) may be sought by action. (2) Unless otherwise stipulated by law, the following may be sought: the action shall be admissible only if the plaintiff claims to have been infringed by the administrative act or his refusal or omission in his rights. Unofficial table of contents

Section 43

(1) The action may be sought to determine the existence or non-existence of a legal relationship or the invalidity of an administrative act if the applicant has a legitimate interest in the early determination (2) The determination cannot be sought, insofar as the plaintiff can or could have pursued his rights by means of a design or performance action. This shall not apply if the determination of the invalidity of an administrative act is sought. Unofficial table of contents

Section 44

A number of pleas may be prosecuted by the plaintiff in a complaint if they are directed against the same defendant, in connection with the same court and jurisdiction. Unofficial table of contents

Section 44a

Appeals against administrative procedural acts can only be invoked at the same time as the legal remedies allowed against the decision. This shall not apply if official procedural acts can be carried out or if there is a failure to take action against a non-participant. Unofficial table of contents

§ 45

The Administrative Court shall, in the first instance, decide on all disputes for which the administrative law proceedings are open. Unofficial table of contents

Section 46

The Oberverwaltungsgericht (Higher Administrative Court) decides on the appeal

1.

the appeal against judgements of the Administrative Court,

2.

the appeal against other decisions of the Administrative Court; and

3.

(dropped)

Unofficial table of contents

§ 47

(1) The Oberverwaltungsgericht (Oberverwaltungsgericht) shall, within the scope of its jurisdiction, decide upon application concerning the validity

1.

of statutes which have been enacted in accordance with the provisions of the Building Code, as well as legal regulations pursuant to Section 246 (2) of the Building Code

2.

by other legislation in rank under the Land Law, provided that the country law determines this.

(2) Any natural or legal person who claims to be infringed by the law or its application in respect of his rights or to be infringed in the foreseeable future, and any authority within one year shall be entitled to request the application. Provide notice of the legislation. It shall be directed against the body, institution or foundation which has adopted the legislation. The Oberverwaltungsgericht (Oberverwaltungsgericht) may give the country and other legal persons under public law whose jurisdiction is affected by the law to submit their observations within a period to be determined. § 65 (1) and (4) and § 66 shall apply accordingly. (2a) The application of a natural or legal person who has the object of a development plan or a statute pursuant to § 34 (4) sentence 1 no. 2 and 3 or section 35 (6) of the construction code is inadmissible if the person submitting the application only asserts objections in the context of public interpretation (Section 3 (2) of the Civil Code) or in the context of the participation of the public concerned (Section 13 (2) (2) and (13a) (2)). No. 1 of the Civil Code), has not been claimed, but could have been claimed, and (3) The Oberverwaltungsgericht (Oberverwaltungsgericht) does not examine the compatibility of the law with national law, insofar as it is provided by law that the legislation is exclusively governed by: the constitutional court of a country is verifiable. (4) If a procedure for verifying the validity of the law is pending before a constitutional court, the Higher Administrative Court may order that the trial pending the execution of the (5) The proceedings before the Constitutional Court shall be suspended. The High Administrative Court shall take a decision by decision or, if it does not consider it necessary to hold an oral hearing. If the Higher Administrative Court comes to the conclusion that the law is invalid, it shall declare it invalid; in this case, the decision shall be made public and the decision-making formula shall be published by the respondent as well as to how the legislation would be notified. § 183 shall apply mutas to the effect of the decision. (6) The court may, upon request, issue an injunction if this is urgently required for the defence of serious disadvantages or for other important reasons. Unofficial table of contents

§ 48

(1) The Oberverwaltungsgericht (Higher Administrative Court) shall, in the first instance, decide on all disputes concerning:

1.

the establishment, operation, other inexoration, alteration, decommissioning, secure inclusion and the dismantling of installations within the meaning of Sections 7 and 9a (3) of the Atomic Energy Act,

2.

the processing, processing and other use of nuclear fuel outside of installations of the kind referred to in § 7 of the Atomic Energy Act (§ 9 of the Atomic Energy Act) and the substantial deviation or the substantial change within the meaning of Section 9 (1) Sentence 2 of the Atomic Energy Act as well as the storage of nuclear fuel outside the state's custody (§ 6 of the Atomic Energy Act),

3.

the establishment, operation and modification of power stations with combustion plants for solid, liquid and gaseous fuels with a thermal output of more than three hundred megawatts,

4.

Planning procedures for the establishment and operation or modification of high-voltage overhead lines with a nominal voltage of 110 kilovolts or more, earth and sea cables, each with a nominal voltage of 110 kilovolts, or Gas supply lines with a diameter of more than 300 millimetres, as well as the modification of their lines,

5.

Procedures for the establishment, operation and substantial modification of fixed installations for the incineration or thermal decomposition of waste with an annual throughput (effective capacity) of more than one hundred thousand tonnes, and fixed installations in which waste, in whole or in part, is stored or deposited within the meaning of section 48 of the Circular Economic Law,

6.

the creation, extension or modification and operation of airports and of transport landing places with a restricted area of construction protection,

7.

Planning procedures for the construction or modification of trams, magnetic levitation trains and public railways, as well as for the construction or modification of curiosity and container railway stations,

8.

Planning procedures for the construction or modification of federal highways,

9.

Planning procedures for the construction of new buildings or the development of federal waterways.

The first sentence shall also apply to disputes concerning authorisations granted instead of a plan determination and to disputes relating to all the authorisations and permits required for the project, including as far as they are subsidiary bodies. , which are related to it in a spatial and operational context. The Länder may, by law, prescribe that the Oberverwaltungsgericht (Oberverwaltungsgericht) in the first legal suit decides on disputes concerning the remittantions in the cases of the first sentence. (2) The Supreme Administrative Court shall decide in the first legal suit. (3) (3) (omitted) Proceedings against the prohibition of associations issued by a supreme state authority pursuant to Section 3 (2) (1) of the Vereinsgesetz (Vereinsgesetz) and pursuant to section 8 (2) sentence 1 of the Law of Associations. Unofficial table of contents

§ 49

The Federal Administrative Court decides on the appeal

1.

the revision of the judgments of the Supreme Administrative Court according to § 132,

2.

the revision against judgements of the Administrative Court in accordance with Sections 134 and 135,

3.

the appeal pursuant to § 99 (2) and § 133 (1) of this Act and Section 17a (4) sentence 4 of the Law on Judith Law.

Unofficial table of contents

§ 50

(1) The Federal Administrative Court shall decide in the first and last legal proceedings

1.

on public disputes of a non-constitutional nature between the Federal Government and the Länder and between different countries,

2.

on claims against the decrees issued by the Federal Minister of the Interior pursuant to Section 3 (2) (2) of the Vereinsgesetz (Vereinsgesetz) and pursuant to Section 8 (2) sentence 1 of the Law on the Law of the Association,

3.

on disputes against deportation orders pursuant to Section 58a of the Residence Act and their enforcement

4.

on actions taken on behalf of the Federal Intelligence Service (Bundesnachrichtendienst),

5.

on actions against measures and decisions pursuant to Section 44a of the Act of Representatives, in accordance with the Code of Conduct for Members of the German Bundestag, in accordance with Section 6b of the German Federal Ministry of Justice and in accordance with Section 7 of the Law on the Legal Conditions of the Parliamentary Secretaries of State in connection with Section 6b of the Federal Ministers Act,

6.

concerning all disputes concerning planning procedures and planning approval procedures for projects which are covered by the General Railway Act, the Federal Road Road Act, the Federal Waterway Act, the Energy Law on Construction, the Federal Demand Planning Act or the Magnetic Levitation Train Planning Act.

(2) (omitted) (3) If the Federal Administrative Court, pursuant to paragraph 1 (1), holds a dispute for constitutional law, it shall submit the case to the Federal Constitutional Court for a decision. Unofficial table of contents

Section 51

(1) If, in accordance with Article 5 (2) of the Law on Associations, the prohibition of the entire association is to be carried out in place of the prohibition of a part-club, proceedings shall be brought about a claim by that sub-club against the prohibition imposed on it until the adoption of the prohibition of the prohibition of the whole of the association. (2) A decision of the Federal Administrative Court shall, in the case of paragraph 1, bind the Oberverwaltungsgericht (Oberverwaltungsgericht). (3) The Federal Administrative Court shall inform the Oberverwaltungsgericht on the action of an association pursuant to section 50 (1) (2). Unofficial table of contents

Section 52

The following shall apply to the local authority:

1.

In disputes relating to immovable property or to a local law or relationship, only the administrative court in whose district the property or location is situated shall be responsible for the local jurisdiction.

2.

In the event of an appeal against the administrative act of a federal authority or a federal agency, institution or foundation under public law, the administrative court is locally competent, in the district of which the federal authority, the Body, institution or foundation shall have its registered office, subject to points 1 and 4. This shall also apply in the case of commitments in the cases of the first sentence. However, in disputes under the Asylum Procedures Act, the Administrative Court shall have jurisdiction in the administrative court in whose district the foreigner has to take his place of residence under the Asylum Procedures Act; is a local jurisdiction not given thereafter; shall determine, in accordance with point 3.For actions brought against the Federal Government in territories which fall within the competence of the diplomatic and consular missions of the Federal Republic of Germany, the Administrative Court shall be responsible for the local authorities in the latter District the Federal Government has its seat.

3.

In the case of any other action for appeal, subject to points 1 and 4, the administrative court in whose district the administrative act has been issued shall be the competent authority. Where it is issued by an authority whose jurisdiction extends to several administrative courts or by a common authority of several or all of the countries, the Administrative Court shall be the competent authority in the district of which the complain shall be Seat or residence. In the absence of such an authority within the competence of the Authority, the competence referred to in point 5 shall be determined. However, in the event of an appeal against administrative acts of an authority commissioned by the countries with the awarding of places of study, the administrative court in whose district the authority is situated shall be the local authority. This also applies to commitments in the cases of sentences 1, 2 and 4.

4.

The Administrative Court shall be local for all claims arising from a current or previous official, judicial, conscription, military service or civil service relationship and for any disputes relating to the formation of such a relationship. in the district of which the plaintiff or defendant is domicated or in the absence of his residence. If the plaintiff or the defendant has no place of service or residence within the competence of the authority which issued the original administrative act, the court in whose district that authority is responsible shall be the competent authority in the competent authority of the has its seat. Sentences 1 and 2 shall apply to claims pursuant to Section 79 of the Law governing the legal conditions of persons covered by Article 131 of the Basic Law.

5.

In all other cases, the Administrative Court shall have local jurisdiction in the district of which the defendant is domicated, domicated or in the absence of his or her last residence or residence.

Unofficial table of contents

Section 53

(1) The competent court within the administrative jurisdiction shall be determined by the next higher court,

1.

if, in a single case, the competent court is not legally or effectively prevented from exercising the jurisdiction,

2.

if it is uncertain, because of the borders of different jurisdictions, which court is responsible for the litigation,

3.

if the place of jurisdiction is governed by Section 52 and different courts are eligible,

4.

if various courts have declared themselves to be competent,

5.

if a number of courts, one of which is competent to deal with the dispute, have declared themselves to be uncompetent in law.

(2) If a local jurisdiction is not given in accordance with § 52, the Federal Administrative Court shall determine the competent court. (3) Any party to the dispute and any court seised in the dispute may, in the course of the appeal, be the court or tribunal in law. call the Federal Administrative Court. The court seised may decide without oral proceedings.

Part II
Procedure

Section 7
General procedural rules

Unofficial table of contents

§ 54

(1) § § 41 to 49 of the Code of Civil Procedure shall apply. (2) From the performance of the Office as a judge or honorary judge, it shall also be ruled out who shall be responsible for the performance of the duties of the court or the court of law. (3) Concern about the partiality of § 42 of the Code of Civil Procedure is always justified when the judge or honorary judge belongs to the representation of a body whose interests by the proceedings shall be affected. Unofficial table of contents

§ 55

§ § 169, 171a to 198 of the Law of the Judicial Constitution on the public, the seat police, the court language, the consultation and the vote will be applicable accordingly. Unofficial table of contents

§ 55a

(1) The parties may submit electronic documents to the General Court, insofar as this has been authorised for the respective area of competence by means of a legal regulation of the Federal Government or the national governments. The Regulation shall determine the date from which documents may be sent to a court electronically and the manner in which electronic documents must be submitted. For documents that are equivalent to a document to be signed in writing, a qualified electronic signature is to be required in accordance with § 2 No. 3 of the Signature Act. In addition to the qualified electronic signature, another safe procedure may be permitted, which ensures the authenticity and integrity of the transmitted electronic document. The national governments can transfer the authorization to the highest national authorities responsible for administrative jurisdiction. The authorisation of electronic transmission may be restricted to individual courts or proceedings. The Federal Government's legal regulation does not require the consent of the Bundesrat. (2) An electronic document has been sent to the court if it is transmitted in the manner determined by the legal regulation referred to in the first sentence of the first sentence of paragraph 1 and 2. , and if the facility designated for the reception has recorded it. The provisions of this Act concerning the addition of copies for the other parties concerned shall not apply. If the document does not meet the requirements, it must be notified without delay to the sender, stating the technical conditions applicable to the court. (3) As far as a handwritten signature by the judge or the official documents the office is required to make the recording as an electronic document, if the responsible persons at the end of the document add their name and the document with a qualified electronic signature § 2 No. 3 of the Signature Act. Unofficial table of contents

§ 55b

(1) The process files may be conducted electronically. The Federal Government and the State Governments determine in each case their area by means of legal regulation the date from which the process files are electronically conducted. The legal regulation provides for the organisational and technical framework conditions for the formation, management and custody of electronic files. The national governments can transfer the authorization to the highest national authorities responsible for administrative jurisdiction. The authorisation of the electronic file may be restricted to individual courts or proceedings. The Federal Government's legal regulation does not require the consent of the Bundesrat. (2) Documents which do not correspond to the form in which the file is carried are to be transferred to the appropriate form and to be taken to the file in this form, to the extent that: (3) The original documents shall be kept at least until the final conclusion of the proceedings. (4) If a document submitted in paper form is transferred to an electronic document , it shall contain the indication of when and by whom the transfer has been carried out. If an electronic document has been transferred to the paper form, the printout must contain the words which result in the integrity check of the document, who is responsible for the signature verification as the holder of the signature, and what point in time (5) documents produced in accordance with paragraph 2 shall be used for the procedure where there is no reason to doubt the conformity of the document submitted. Unofficial table of contents

§ 55c Forms; Regulation empowerment

The Federal Ministry of Justice can introduce electronic forms with the consent of the Federal Council. The legal regulation may stipulate that the information contained in the forms shall be transmitted in whole or in part in a structured machine-readable form. The forms shall be available for use on a communication platform to be determined in the legal regulation on the Internet. The legal regulation may stipulate that an identification of the form user by way of derogation from § 55a (3) also by using the electronic identity document according to § 18 of the German Personnel Reference Act or § 78 (5) of the Residence Act may take place. Unofficial table of contents

§ 56

(1) orders and decisions by which a time limit is set, as well as provisions and charges to be delivered, but only if it is expressly required. (2) The term of office shall be issued by the Office of the Office for the following Regulations of the Code of Civil Procedure. (3) If you do not live in the country, you have to appoint a service representative on request. Unofficial table of contents

Section 56a

(1) Where the same information is required for more than fifty persons, the Court of First Instance may, for the further proceedings, order the announcement by public notice. The decision shall specify the daily newspapers in which the notices are published, providing for daily newspapers which are common in the field in which the decision is likely to have an effect. The decision shall be notified to the parties concerned. The parties concerned shall indicate the manner in which further information is to be effected and when the document shall be deemed to have been delivered. The decision shall be indisputable. The Court of First Instance may revoke the decision at any time; it must repeal it if the conditions set out in the first sentence are not available or are no longer available. (2) The public notice shall be made by means of a suspension on the judicial panel or by cessation in an electronic information system which is open to the public in the court and which is published in the Federal Gazette and in the daily newspapers specified in the decision referred to in the second sentence of paragraph 1. It may also be carried out in an information and communication system designated by the Court of Notices. In the case of a decision, the public announcement of the decision-making formula and the right of appeal shall suffice. Instead of the document to be known, a notification may be made public in which it is stated where the document can be viewed. An appointment or a summons must be made public in the full text. (3) The document shall be deemed to have been delivered on the day on which the publication in the Federal Gazette has elapsed since the date of publication of two weeks; the document shall be sent to of each publication. After the public announcement of a decision, the parties may request a copy in writing, and the publication shall also be indicated in the publication. Unofficial table of contents

Section 57

(1) The course of a period begins, unless otherwise specified, with the delivery or, if this is not prescribed, with the opening or delivery. (2) For the time limits, the provisions of § § 222, 224 (2) and (3), § § 225 and 226 apply. of the Code of Civil Procedure. Unofficial table of contents

Section 58

(1) The time limit for an appeal or other appeal shall begin only if the person concerned has the right of appeal, the administrative authority or the court to which the appeal is to be made, the seat and the time limit to be observed. in writing or electronically. (2) If the instruction is not or improperly given, the appeal shall only be filed within one year since delivery, opening or delivery, except where the deposit has been submitted Expiry of the annual period due to force majeure was impossible or a written or electronic information is that an appeal has not been given. Section 60 (2) shall apply in the event of force majeure. Unofficial table of contents

§ 59 (omitted)

Unofficial table of contents

§ 60

(1) If a person without fault has been prevented from complying with a legal deadline, he shall be granted reinstatement in the previous stand upon request. (2) The application shall be submitted within two weeks after the removal of the obstacle; if the obstacle is not the time limit for the reasons for the appeal, the application for authorisation of the appeal, the revision, the non-admission complaint or the appeal, the period shall be one month. The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed legal act is to be collected. (3) After one year since the end of the missed period, the application shall be inadmissible unless the application was impossible before the end of the year due to force majeure. (4) The Court of First Instance decides on the application for re-establishment of rights in respect of the missed legal act. (5) The re-establishment of rights shall be indisputable. Unofficial table of contents

Section 61

Able to be involved in the procedure are

1.

natural and legal persons,

2.

associations, in so far as they are entitled to a right,

3.

Authorities, provided that the national law determines this.

Unofficial table of contents

Section 62

(1) Ability to take procedural steps

1.

which, according to civil law, are capable of

2.

which, according to civil law, are limited in business capacity, insofar as they are recognized as being capable of being business by the provisions of civil or public law for the subject matter of the proceedings.

(2) Subject to a reservation of consent in accordance with § 1903 of the Civil Code, the subject-matter of the procedure is a business-capable subject only to the extent that it is capable of carrying out procedural acts in so far as it is subject to the provisions of the bourgeois law. (3) For associations as well as for public authorities, their legal representatives and board of management act. (4) § § 53 to 58 of the German law Civil procedure rules apply accordingly. Unofficial table of contents

§ 63

Participants in the procedure are

1.

the plaintiff,

2.

the defendant,

3.

the invited (§ 65),

4.

the representative of the federal interest in the Federal Administrative Court or of the representatives of the public interest, if he makes use of his or her holding power.

Unofficial table of contents

Section 64

The provisions of § § 59 to 63 of the Code of Civil Procedure on the Dispute Cooperative are to be applied accordingly. Unofficial table of contents

Section 65

(1) The court may, as long as the proceedings have not yet been legally concluded or in a higher instance, be accompanied by its own motion or, at the request of others, whose legal interests are affected by the decision. (2) Are those in (3) If, in accordance with paragraph 2, the consignment of more than fifty persons is considered to be eligible for the consignment of more than fifty persons, the court may order by decision that only those persons who have This shall apply within a specified period. The decision shall be indisputable. He is to be published in the Federal Gazette. It must also be published in daily newspapers, which are common in the area in which the decision is likely to have an impact. The contract notice may also be made in an information and communication system designated by the Court of Notices. The deadline must be at least three months since publication in the Federal Gazette. The publication in daily newspapers shall indicate the date on which the deadline expires. For reinstatement to the previous stand in case of a failure to meet the deadline, § 60 shall apply accordingly. The court is intended to invite persons who are particularly affected by the decision to be affected, even without a request. (4) The decision of the consignment is to be submitted to all parties concerned. The state of the matter and the reason for the consignment shall be indicated. The consignment is indisputable. Unofficial table of contents

Section 66

The invited person may, within the requests of a participant, assert his or her own right of attack and defence and carry out all procedural acts effectively. He/she may only make deviating applications if there is a necessary consignment. Unofficial table of contents

Section 67

(1) The parties may, before the Administrative Court, lead the dispute itself. (2) The parties concerned may be entitled to a lawyer or a legal teacher at a State or State-recognised university in a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or Switzerland, which has the competence of the Judge Office, to be represented as Agent. In addition, as authorised representative, the administrative court only has the power to represent

1.

Employees of the person concerned or of a company affiliated with him (Article 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including those formed by them for the performance of their public duties Concentrations may also be represented by employees of other authorities or legal persons under public law, including the concentrations which they have formed to fulfil their public functions,

2.

full-year family members (§ 15 of the Tax Code, § 11 of the Life Partnership Act), persons with competence to the judge's office and contentions if the representation is not related to a fee-based activity,

3.

Tax adviser, tax representative, auditor and sworn accountant, persons and associations within the meaning of Section 3a of the Tax Consultation Act as well as companies within the meaning of Section 3 (2) and (3) of the Tax Consultation Act, which are held by persons in the The meaning of Section 3 (1) of the Tax Consultation Act, in tax matters,

4.

professional associations of agriculture for their members,

5.

trade unions and associations of employers and associations of such associations for their members or for other associations or associations with a similar orientation and their members,

6.

Associations whose statutory tasks substantially include the Community representation of interests, the advising and representation of beneficiaries under the social compensation law or the disabled persons, and which shall be subject to the following conditions: Taking into account the nature and scope of their activities as well as of their members, the guarantee for a knowledgeable process representation, for their members in the affairs of the victims of war and the law of the severely disabled as well as in the Related matters,

7.

legal persons whose shares are all part of the economic property of one of the organisations referred to in paragraphs 5 and 6, if the legal person is exclusively the legal advice and the legal representation of that organisation and of its members or other associations or associations with a comparable orientation and its members, in accordance with their statutes, and if the organisation is liable for the activities of the plenipotentiaries.

Agents who are not natural persons shall act by their institutions and representatives of the process representative. (3) The Court of First Instance has authorized agents who are not authorized to represent them in accordance with the provisions of paragraph 2 of this Article, by indisputable Decision back. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the authorized representative referred to in the second sentence of paragraph 2 (2) and (2) if they are not in a position to present the property and disputes in a proper way. (4) The Federal Administrative Court and the Oberverwaltungsgericht (Oberverwaltungsgericht) must have the parties represented, except in the process grant procedure, represented by a process agent. This also applies to process actions through which proceedings are initiated before the Federal Administrative Court or a Higher Administrative Court. Only those persons referred to in the first sentence of paragraph 2 shall be admitted as authorised agents. Public authorities and legal persons under public law, including the concentrations which they have formed to fulfil their public duties, may be employed by their own employees with competence to the office of judges or by employees with Empower to judge other public authorities or legal persons under public law, including the concentrations that they have formed to fulfil their public duties. In the Federal Administrative Court, the organisations referred to in the second sentence of paragraph 2, including the legal persons they have formed, shall also be admitted as agents in accordance with the second sentence of paragraph 2, sentence 2, but only in matters of: concerning the legal relationships within the meaning of Section 52 (4), in personnel representation matters and in matters relating to a current or prior employment relationship of employees within the meaning of § 5 of the Labour courts law, including examination matters. The Plenipotentiaries referred to in the fifth sentence must act by persons with the ability to act as judges. The persons and organisations referred to in the second sentence of the second sentence of paragraph 2 (2) (3) to (7) shall also be admitted to the Oberverwaltungsgericht as their authorised representative. A participant who is entitled to represent himself in accordance with the provisions of sentences 3, 5 and 7 may represent himself. (5) Judges may not appear as agents before the court to which they belong. In addition to the cases referred to in the second sentence of the second sentence of paragraph 2, honorary judges shall not be allowed to appear in front of a body of sprout to which they belong. (6) Full power shall be submitted in writing to the Court of Justice. It may be handed down and the court may set a time limit for this. The lack of power can be asserted in any state of the proceedings. The Court of First Instance shall take due account of the lack of authority of its own motion if a lawyer does not act as an authorised representative. If an authorized representative is appointed, the statements or communications of the court shall be addressed to him. (7) In the hearing, the parties may appear with appretions. It may be that those who, in proceedings in which the parties are able to carry out the dispute itself, are empowered to represent them in the trial as authorised representative. The court may allow other persons to assist them if this is relevant and there is a need to do so in accordance with the circumstances of the case. The provisions of the first and third sentences of paragraph 3 and paragraph 5 shall apply accordingly. The assistance referred to by the assistance shall be deemed to have been brought forward by the person concerned, unless it is immediately revoked or corrected by the person concerned. Unofficial table of contents

§ 67a

(1) Where more than twenty persons are involved in a legal dispute in the same interest, without being represented by a process representative, the court may, by decision, give them a decision within a reasonable period of time To appoint agents if otherwise the proper conduct of the dispute would be affected. If the parties concerned do not appoint a joint agent within the time limit set for them, the court may appoint a lawyer as a joint representative by decision. The parties may only carry out procedural actions by the joint authorised representative or representative. Decisions pursuant to sentences 1 and 2 shall be indisputable. (2) The power of representation shall be issued as soon as the representative or the representative declares this in writing or in writing to the office of the official of the office; the representative may: Make a statement only with regard to all representatives. If the representative makes such a statement, the power of representation shall be issued only if at the same time the appointment of another authorized representative is indicated.

8. Section
Special provisions for countervailment and commitment actions

Unofficial table of contents

Section 68

(1) The legality and appropriateness of the administrative act must be verified in a preliminary procedure before the action of the challenge is raised. Such a review shall not be required if a law determines this or if:

1.

the administrative act has been issued by a supreme federal authority or by a supreme state authority, except where a law requires the verification, or

2.

for the first time, the notice of return or the notice of opposition shall contain a complaint.

(2) In the case of the commitment, paragraph 1 shall apply mutafictily if the application for the management act has been rejected. Unofficial table of contents

Section 69

The preliminary procedure begins with the survey of the contradiction. Unofficial table of contents

Section 70

1. The objection shall be made in writing or in writing to the Authority which has adopted the administrative act, within one month after the administrative act has been notified to the complain of the authority. The time limit shall also be maintained by deposit with the authority which has to take the notice of opposition. (2) § § 58 and 60 (1) to (4) shall apply accordingly. Unofficial table of contents

Section 71 Consultation

If the repeal or amendment of an administrative act in the opposition proceedings is connected for the first time to a person who is responsible, the person concerned shall be heard prior to the remission of the remedy or of the appeal. Unofficial table of contents

Section 72

If the authority considers the opposition to be justified, it shall assist it and shall decide on the costs. Unofficial table of contents

Section 73

(1) In the event that the Authority does not support the objection, an appeal shall be issued. This shall be adopted

1.

the next higher authority, unless a different higher authority is determined by law,

2.

if the next higher authority is a supreme federal or supreme state authority, the authority that issued the administrative act

3.

in self-administrative matters, the self-governing authority, unless otherwise determined by law.

By way of derogation from the second sentence of paragraph 1, it may be determined by law that the authority which issued the administrative act is also competent to decide on the opposition. (2) Proc ucts according to which committees or committees are referred to in the preliminary procedure referred to in paragraph 1. Advisory councils shall be replaced by an authority. By way of derogation from paragraph 1, point 1, the committees or advisory councils may also be formed with the authority which has adopted the administrative act. (3) The notice of appeal must be justified, provided with a statement of appeal, and shall be notified. The Office shall be served on its own account in accordance with the provisions of the Administrative Appointing Act. The right of objection also determines who bears the costs. Unofficial table of contents

Section 74

(1) The action of appeal shall be levied within one month of the notification of the opposition. If a notice of opposition is not required in accordance with § 68, the action must be brought within one month of the announcement of the administrative act. (2) In the case of the commitment, paragraph 1 shall apply mutaly if the request for a decision is made on the basis of the The administrative act has been rejected. Unofficial table of contents

§ 75

By way of derogation from § 68, if a objection has not been made in objectively reasonable time on an objection or on a request for the adoption of an administrative act without sufficient reason, the action shall be permissible. The action may not be brought before the expiry of three months from the date of the filing of the appeal or from the request for the administrative act to be carried out, except where a shorter period is required on account of special circumstances of the case. If there is a sufficient reason why the opposition has not yet been decided or the administrative act requested has not yet been adopted, the Court of First Instance shall set the procedure until the expiry of a period specified by the Court of First Instance, which shall be extended , can be made. If the objection is given within the time limit set by the court or the administrative act is adopted within that period, the main thing shall be declared to be carried out. Unofficial table of contents

Section 76

(dropped) Unofficial table of contents

Section 77

(1) All federal legal provisions in other laws relating to opposition or appeal proceedings are replaced by the provisions of this Section. (2) The same applies to national provisions concerning opposition or appeal proceedings. as a condition of administrative judicial action. Unofficial table of contents

Section 78

(1) The action shall be addressed

1.

against the Federal Government, the country or the body whose authority has adopted the administrative act under appeal or has not submitted the administrative act requested; the indication of the defendant shall be sufficient to indicate the defendant;

2.

provided that the national law determines this, against the authority itself, which has adopted the administrative act under appeal or has not submitted the administrative act requested.

(2) If a notice of opposition is issued, which for the first time contains a person (§ 68 (1) sentence 2 (2)), the authority within the meaning of paragraph 1 shall be the opposition authority. Unofficial table of contents

§ 79

(1) The subject matter of the challenge

1.

the original administrative act in the form that it has found through the opposition notice,

2.

the notice of redaction or the notice of appeal, if it contains a person for the first time.

(2) The notice of appeal may also be the sole object of the action for a challenge if and to the extent that it contains an additional self-employed person in relation to the original administrative act. The infringement of an essential procedural provision shall also be considered as an additional decision, provided that the notice of opposition is based on this breach. Section 78 (2) shall apply accordingly. Unofficial table of contents

§ 80

(1) The appeal and the action of appeal shall have suspensive effect. This also applies to administrative and administrative acts with a double effect (§ 80a). (2) The suspensive effect is no longer required.

1.

in the case of the requirement for public charges and costs,

2.

in the case of inexorable orders and measures taken by law enforcement officers,

3.

in other cases prescribed by federal law or national law by national law, in particular for inconsistencies and actions by third parties against administrative acts, investment or job creation,

4.

in cases where the immediate enforcement in the public interest, or in the overriding interest of a party, is particularly ordered by the authority adopting the administrative act or deciding on the appeal.

The Länder may also determine that remedies shall not have suspensive effect as far as they are directed against measures taken in administrative enforcement by the Länder under federal law. (3) In the cases referred to in paragraph 2, point 4 , the special interest in the immediate enforcement of the administrative act shall be justified in writing. A special justification shall not be required if the Authority, in the event of a risk of default, particularly in the event of imminent handicaps affecting life, health or property, is in the public interest of a state of emergency which is designated as such. (4) In the cases referred to in paragraph 2, the authority to adopt the administrative act or to decide the objection may suspend the enforcement unless otherwise specified by the federal law. When requesting public charges and costs, it can also suspend the enforcement of the law against security. The suspension shall be suspended in the case of public charges and costs where there are serious doubts as to the legality of the contested administrative act, or where the enforcement of the duties or charges is an unreasonable, non-compliance (5) On request, the Court of First Instance may, in the cases referred to in paragraph 2 (1) to (3), order the suspensive effect of the suspensive effect in whole or in part, in the case referred to in paragraph 2 (4), in whole or in part. partially restore. The application is already admissible before the challenge of the challenge is raised. If, at the time of the decision, the administrative act has already been completed, the court may order the annulment of the enforcement order. The restoration of the suspenseable effect may be made conditional on the performance of a security or other conditions. It may also be temporary. (6) In the cases referred to in paragraph 2 (1), the application referred to in paragraph 5 shall be admissible only if the authority has rejected a request for suspension of the whole or part of the application. This shall not apply if:

1.

the Authority has not decided objectively on the application without notification of a sufficient reason within a reasonable period of time, or

2.

threatens to execute.

(7) The Court of First Instance may, at any time, amend or repeal decisions on requests pursuant to paragraph 5. Any person concerned may request the modification or cancellation of any circumstances which are not claimed in the original proceedings without fault. (8) In urgent cases, the Chairman may decide. Unofficial table of contents

§ 80a

(1) If a third party places an appeal against the administrative act addressed to another, the Authority, the Authority may:

1.

, at the request of the beneficiary pursuant to § 80 (2) (4), order immediate enforcement,

2.

, at the request of the third party pursuant to section 80 (4), suspend the enforcement of the law and take the necessary measures to safeguard the rights of the third party.

(2) If a person concerned has an appeal against a burdensome administrative act which favours a third party, the authority may, at the request of the third party pursuant to § 80 para. 2 no.4, order the immediate enforcement. (3) The court may, upon request, amend or repeal measures pursuant to paragraphs 1 and 2 or take such measures. Section 80 (5) to (8) shall apply accordingly. Unofficial table of contents

§ 80b

(1) The suspensive effect of the objection and the action of appeal shall end with the indispentability or, if the action of appeal has been dismissed in the first legal suit, three months after the expiry of the statutory period of invalidity of the against the Decision-making decision. This shall also apply where enforcement has been suspended by the authority or the suspensive effect has been restored or ordered by the court, unless the authority has suspended the enforcement up to the point of incontebility. (2) (3) § 80 (5) to (8) and § 80a shall apply accordingly.

Section 9
Procedure in the first legal proceedings

Unofficial table of contents

§ 81

(1) The action shall be brought in writing to the Court of First Instance. In the administrative court, it may also be levied for the minutes of the document. (2) Subject to the second sentence of § 55a (2), the action and all pleadings shall be accompanied by copies for the other parties concerned. Unofficial table of contents

Section 82

(1) The action must refer to the plaintiff, the defendant and the subject matter of the coveted request. It is intended to contain a specific application. The facts and evidence used in the explanatory statement are to be indicated, the disputed order and the notice of opposition are to be included in the copy. (2) The Chairman or the Chairman of the Board of Appeal shall not be responsible for the application of the contested decision. § 21g of the Law of the Court of Justice (Rapporteur) to invite the plaintiff to the necessary supplement within a specified period of time. It may give the applicant a period of exclusive effect for the addition if it is lacking in one of the requirements referred to in the first sentence of paragraph 1. § 60 applies accordingly for the re-establishment of rights in the previous stand. Unofficial table of contents

Section 83

§ § 17 to 17b of the Law of the Judicial Constitution shall apply mutamatters to the factual and local jurisdiction. Decisions in accordance with § 17a (2) and (3) of the Law on Judith Law are indisputable. Unofficial table of contents

Section 84

(1) The court may decide, without oral proceedings, by a court decision, if the case does not have any particular difficulties of an actual or legal nature and the facts have been clarified. The participants must be heard beforehand. The rules on verdicts shall apply mutatis. (2) The parties may, within one month of the date of service of the court, be entitled to:

1.

Appeal, if it has been admitted (§ 124a),

2.

apply for an appointment or oral proceedings; oral proceedings shall be held by both legal remedies;

3.

in the case of a revision, if it has been approved,

4.

Appeal for a non-admission complaint or request oral proceedings if the revision has not been admitted; oral proceedings shall be held by both legal remedies,

5.

apply for oral proceedings if an appeal is not given.

(3) The judgment of the court acts as a judgment; if oral proceedings are requested in good time, it shall be deemed not to have been received. (4) If oral proceedings are requested, the court may, in the judgment of a further presentation of the facts and the The reasons for the decision shall be discernable in so far as it follows the reasoning of the court decision and finds this in its decision. Unofficial table of contents

§ 85

The chairman has the service of the complaint to the defendant. At the same time as delivery, the defendant must be asked to submit his comments in writing; § 81 (1) sentence 2 shall apply accordingly. A time limit may be set for this purpose. Unofficial table of contents

§ 86

(1) The Court of First Instance shall investigate the facts of its own motion; the parties concerned shall be involved in this process. It is not bound by the arguments and the requests for evidence by the parties concerned. (2) A request for proof in the oral proceedings can only be rejected by a court decision, which is to be justified. (3) The Chairman has to do so by the court. (4) To work to eliminate formal errors, to explain unclear applications, to submit relevant applications, to supplement insufficient factual information, and to make all the statements that are essential for the determination and assessment of the facts. (4) Participants are to be involved in the preparation of oral proceedings Submit writing records. To this end, the President may request the President to make a statement. The pleadings shall be communicated to the parties by its own motion. (5) The pleadings shall be accompanied by the documents or electronic documents to which reference is made in writing, in whole or in the extract. If the documents or electronic documents are already known to the opponent or are very extensive, the exact designation with the offering shall suffice to grant access to the court. Unofficial table of contents

§ 86a

(dropped) Unofficial table of contents

Section 87

(1) The chairman or the rapporteur shall, before the oral proceedings, take all the arrangements necessary for the litigation to be dealt with as far as possible in an oral hearing. It may in particular:

1.

-invite the parties concerned to discuss the status of the dispute and the amicable settlement of the dispute and take a comparison;

2.

give the parties concerned the addition or explanation of their preparatory pleadings, the presentation of documents, the transmission of electronic documents and the presentation of other objects suitable for the deposition of the court, , in particular, set a deadline for the declaration of certain points in need of clarification;

3.

Obtain information;

4.

order the presentation of documents or the transmission of electronic documents;

5.

Order the personal appearance of the parties concerned; § 95 shall apply accordingly;

6.

Load witnesses and experts for oral proceedings.

7.

(dropped)

(2) The parties concerned shall be notified of any order. (3) The Chairman or the rapporteur may collect individual evidence. This may only be done in so far as, in order to simplify the proceedings before the Court of First Instance, it is to be presumed that the Court of First Instance may, without any direct impression of the conduct of the taking of evidence, be subject to the results of the Court of First Instance acting in accordance with the facts of the will be able. Unofficial table of contents

§ 87a

(1) The chairman shall decide when the decision is taken in the preparatory procedure,

1.

on the suspension and suspension of the procedure;

2.

in the event of withdrawal of the action, waiver of the claim or the recognition of the claim, including a request for legal aid;

3.

in the event of a legal dispute in the main proceedings, including a request for legal aid;

4.

on the value of the dispute;

5.

of costs;

6.

of the consignment.

(2) In the agreement of the parties, the chairman may also decide otherwise instead of the chamber or the senate. (3) If a rapporteur is appointed, he shall decide instead of the chairman. Unofficial table of contents

§ 87b

The chairman or the rapporteur may set a time limit for the plaintiff to indicate the facts, by taking into account or not taking into account the administrative procedure he feels complain. The time limit set out in the first sentence may be linked to the time limit laid down in Article 82 (2) sentence 2. (2) The chairman or the rapporteur may give up a party under a time-limit, at certain events

1.

to indicate facts or to identify evidence;

2.

To provide documents or other movable property and to transmit electronic documents to the extent that the person concerned is obliged to do so.

(3) The court may reject statements and evidence submitted only after the expiry of a time limit set in paragraphs 1 and 2, and may decide without further investigation, if:

1.

their authorisation would delay the execution of the dispute, according to the court's free conviction, and

2.

the party did not apologize enough for the delay and

3.

the party concerned has been informed of the consequences of a deadline for failure to meet the deadline.

The reason for the apology shall be credible at the request of the court. Sentence 1 shall not apply if it is possible with little effort to identify the facts without the participation of the person concerned. Unofficial table of contents

Section 88

The court may not go beyond the plea for a plea, but is not bound to the version of the applications. Unofficial table of contents

§ 89

(1) In the case of the court of the action, a counterclaim can be made if the counterclaim is related to the claim asserted in the action or to the defence means brought against him. This shall not apply if in the cases of § 52 no. 1 for the claim a different court is competent for the counterclaim. (2) In the case of challenge and commitment actions, the counterclaim is excluded. Unofficial table of contents

§ 90

(1) By levying the action, the dispute becomes legally valid. (2) (omitted) (3) (omitted) Unofficial table of contents

Section 91

(1) An amendment to the action shall be admissible if the other parties agree or the court considers the amendment to be relevant. (2) The defendant's consent to the amendment of the action shall be deemed to have been accepted if, without contradicting it, he or she is not in a position to oppose it. (3) The decision that an amendment to the action is not present or to be accepted shall not be eligible for an independent appeal. Unofficial table of contents

§ 92

(1) The plaintiff may, pending the judgment of the judgment, withdraw his action. The acceptance by the defendant and, if a representative of the public interest has taken part in the oral proceedings, shall also require his consent to be withdrawn after the requests at the oral proceedings have been submitted. The consent shall be deemed to have been granted if the withdrawal is not contradicted within two weeks since the delivery of the pleadings containing the withdrawal; the court has to draw attention to this episode. (2) The action is deemed to be withdrawn, if the plaintiff does not operate the proceedings for more than two months despite the court's request. The second and third sentences of paragraph 1 shall apply mutatily. The plaintiff must be informed in the request of the legal consequences arising from the first sentence and the second paragraph of Article 155 (2). The Court of First Instance finds that the action is deemed to be withdrawn. (3) If the action has been withdrawn or is deemed to be withdrawn, the Court of First Instance shall adopt the procedure by decision and shall refer to the proceedings pursuant to that Act. Legal consequences of the withdrawal. The decision shall be indisputable. Unofficial table of contents

Section 93

The Court of First Instance may, by decision, combine and re-separate several proceedings pending before it on the same subject-matter for joint negotiation and decision. It may be possible for a number of claims raised in a procedure to be negotiated and decided in separate proceedings. Unofficial table of contents

Section 93a

(1) Where the legality of an administrative measure is the subject of more than twenty procedures, the court may pre-execute one or more appropriate procedures (model proceedings) and suspend the other procedures. The participants must be heard beforehand. The decision shall be indisputable. (2) If a final decision has been taken on the procedures carried out, the court may, after consulting the parties concerned, decide on the procedures suspended by decision, if it is unanimous in the opinion that: the fact that the goods do not have any significant features of actual or legal nature in relation to a model procedure which has been decided by a final decision, and that the facts are clear. The Court of First Instance may introduce evidence raised by a model procedure and may, at its discretion, order the repeated questioning of a witness or a new opinion by the same or other experts. The Court of First Instance may refuse to give evidence on facts which have already been demonstrated by the model procedure if, according to its free conviction, its authorisation does not contribute to the verification of new facts and the completion of the facts of the lawsuit. The refusal may be made in the decision as set out in the first sentence. The parties to the decision shall have the right to appeal against the decision under sentence 1, which would be admissible if the Court of First Instance had decided by judgment. The parties concerned shall be informed of this legal remedy. Unofficial table of contents

Section 94

The court may, if the decision of the dispute is wholly or partly dependent on the existence or non-existence of a legal relationship which forms the subject of another legal dispute before or by an administrative authority , they shall order that the trial be suspended pending the execution of the other legal dispute or until the decision of the managing authority. Unofficial table of contents

§ 95

(1) The court may order the personal appearance of a participant. In the event of a failure, it is possible to threaten the order of the order as against a witness who had not appeared at the time of the consensual. In the event of a culpable failure, the Court of First Instance shall determine by decision the ordered monetary order. (2) If a party is a legal person or an association, then the law of order is to be threatened and fixed against him by the law or by the statute of the statutes. (3) The court may give up a public body or authority concerned to send an official or an employee to the oral proceedings, who shall provide written proof of the power of representation and the person responsible for the oral proceedings. The legal situation is sufficiently informed. Unofficial table of contents

§ 96

(1) The court exposes evidence at the oral proceedings. It may, in particular, be heard, heard witnesses, experts and interested parties and use documents. (2) The court may, in appropriate cases, before the oral proceedings by one of its members, be appointed judge proof, or ask a different court for the taking of evidence by the name of the individual questions. Unofficial table of contents

Section 97

The participants will be notified of all evidence and will be able to attend the evidence. They may address relevant questions to witnesses and experts. If a question is objected to, the court shall decide. Unofficial table of contents

Section 98

§ § 358 to 444 and 450 to 494 of the Code of Civil Procedure shall be applied accordingly, in so far as this Act contains non-derogating provisions. Unofficial table of contents

§ 99

(1) Authorities are obliged to submit documents or files, to transmit electronic documents and to provide information. If the disclosure of the contents of these documents, files, electronic documents or information would be detrimental to the good of the Federation or of a country, or if the operations are kept secret according to a law or by its nature , the competent supreme supervisory authority may refuse the submission of documents or files, the transmission of electronic documents and the issuing of information. (2) At the request of one of the parties, the Oberverwaltungsgericht (Oberverwaltungsgericht) shall not: Oral proceedings by decision as to whether the refusal of the submission of the Documents or files, the transmission of electronic documents or the granting of information is legal. If a supreme federal authority refuses to submit, transmit or provide information on the grounds that the contents of the documents, the files, the electronic documents or the information are made known to the Federal Government, it would be detrimental to the good of the federal government, the Federal Administrative Court shall decide; the same shall apply if the Federal Administrative Court is responsible for the main proceedings pursuant to Section 50. The application shall be made in the case of the court responsible for the main proceedings. This gives the application and the main files to the German SpruchBody, which is responsible according to § 189. The supreme supervisory authority shall submit the documents or files referred to in the second sentence of paragraph 1, at the request of that body, to transmit the electronic documents or to provide the information which has been refused. It is to be annexed to this procedure. The procedure is subject to the rules of material secret protection. If they cannot be complied with or if the competent supervisory authority asserts that special reasons for the secrecy or secret protection of the transfer of the documents or files or the transmission of the electronic documents to the In the case of a court, the submission or transmission in accordance with sentence 5 shall be effected by making the documents, files or electronic documents available to the court in premises designated by the supreme supervisory authority. § 100 shall not apply to the files, electronic documents submitted in accordance with the fifth sentence, and to the specific reasons asserted pursuant to sentence 8 of this Article. The members of the court are obliged to maintain secrecy; the reasons for the decision must not be allowed to reveal the nature and content of the documents, files, electronic documents and information held by secret ballot. The rules of personal confidentiality shall apply to non-military personnel. Unless the Federal Administrative Court has decided, the decision may be challenged independently with the appeal. The Federal Administrative Court shall decide on the appeal against the decision of a Higher Administrative Court. Sentences 4 to 11 shall apply in accordance with the appeal procedure. Unofficial table of contents

§ 100

(1) The parties may inspect the court records and the files submitted to the court. (2) Participants may, at their expense, be given copies, excerpts, printouts and copies of their costs by the place of business. At the discretion of the Chairman, the person empowered pursuant to § 67 (2) sentences 1 and 2 (3) to (6) may take the file into the home or business premises, allowing electronic access to the contents of the files or the contents of the files. shall be transmitted electronically. Section 87a (3) shall apply accordingly. In the case of electronic access to the contents of the files, it is necessary to ensure that access is only effected by the person authorized pursuant to § 67 (2) sentences 1 and 2 (3) to (6). For the transmission of electronic documents, the entirety of the documents must be provided with a qualified electronic signature in accordance with § 2 No. 3 of the Signature Act and must be protected against unauthorized knowledge. (3) Judgments, decisions and orders, work on their preparation and the documents relating to votes shall not be granted access to the files referred to in paragraphs 1 and 2. Unofficial table of contents

§ 101

(1) The court decides, unless otherwise specified, on the basis of oral proceedings. (2) With the agreement of the parties, the court may decide without oral proceedings. (3) Decisions of the Court of First Instance which are not judgments, shall be able to proceed without oral proceedings unless otherwise specified. Unofficial table of contents

Section 102

(1) As soon as the date of the oral proceedings is determined, the parties concerned shall be charged with a charge period of at least two weeks, at the Federal Administrative Court of at least four weeks. In urgent cases the chairman may reduce the time limit. (2) In the case of the summons, it should be pointed out that the absence of a party can also be negotiated and decided without him. (3) The courts of administrative jurisdiction can (4) The first sentence of Section 227 (3) of the Code of Civil Procedure shall not apply. Unofficial table of contents

§ 102a

(1) The court may, on request or on its own account, allow the parties, their agents and advisers to stay in another place during oral proceedings and to carry out procedural acts there. The trial will be transferred simultaneously in picture and sound to this place and to the meeting room. (2) The court may, upon request, allow a witness, an expert or a participant to take part in a hearing in another place. shall be kept. The interrogation is transmitted simultaneously in picture and sound to this place and into the meeting room. If the parties, authorised agents and advisers referred to in the first sentence of paragraph 1 have been authorised to reside in another place, the hearing shall also be transferred to that place. (3) The transfer shall not be recorded. The decisions referred to in the first sentence of paragraph 1 and the first sentence of paragraph 2 shall be indisputable. (4) Paragraphs 1 and 3 shall apply in accordance with the dates of the discussion (Section 87 (1), second sentence, point 1). Unofficial table of contents

Section 103

(1) The chairman shall open and initiate the oral proceedings. (2) The chairman or the rapporteur shall, after having called up the matter, present the essential content of the files. (3) In order to submit their applications, the parties shall have the floor. and to justify it. Unofficial table of contents

Section 104

(1) The Chairman shall, in fact and legally, discuss the dispute with the parties concerned. (2) The Chairman shall allow any Member of the Court of First Instance, upon request, to ask questions. If a question is raised, the court decides. (3) After discussion of the dispute, the Chairman shall declare the oral proceedings closed. The Court of First Instance may decide to reopen it. Unofficial table of contents

Section 105

§ § 159 to 165 of the Code of Civil Procedure shall apply mutas to the minutes of the publication. Unofficial table of contents

Section 106

In order to complete or partially complete the dispute, the parties concerned may conclude a comparison with the minutes of the settlement of the General Court or of the representative or requested Judge. A judicial settlement may also be concluded by the fact that the parties accept a proposal by the Court of First Instance, the chairman or the rapporteur in the form of a decision, in writing to the Court of First Instance.

10. Section
Judgments and other decisions

Unofficial table of contents

Section 107

The action, unless otherwise specified, shall be decided by judgment. Unofficial table of contents

Section 108

(1) The Court of First Instance shall decide on its free conviction, which is obtained from the overall result of the proceedings. The judgment shall state the reasons for which the judicial convictions have been made. (2) The judgment may only be based on facts and evidence of evidence to which the parties concerned have been able to express their views. Unofficial table of contents

§ 109

The admissibility of the action may be decided beforehand by an interim judgment. Unofficial table of contents

§ 110

If only a part of the dispute is mature, the court may issue a partial judgment. Unofficial table of contents

Section 111

If, in the case of a performance action, a claim for reason and amount is in dispute, the court may, by means of an intermediate judgment, decide on the ground in advance. If the claim is declared well founded, the court may order that the amount should be negotiated. Unofficial table of contents

Section 112

The judgment can only be made by the judges and honorary judges who took part in the trial on which the judgment was based. Unofficial table of contents

Section 113

(1) In so far as the administrative act is unlawful and the plaintiff is thereby infringed in his rights, the court of tribunal shall repeal the administrative act and the possible opposition. If the administrative act has already been completed, the Court of First Instance may, at the request of the Court of First Instance, also declare that and how the managing authority has to reverse the enforcement of the law. Such an objection shall be admissible only if the Authority is in a position to do so and this question has been ripe for. If the administrative act has previously been dealt with by withdrawal or otherwise, the court shall, on request, claim that the administrative act has been unlawful if the plaintiff has a legitimate interest in that determination. (2) If the plaintiff desires the amendment of an administrative act which sets a sum of money or makes a determination relating thereto, the court may fix the amount at a different level or replace the determination by another. Where the determination of the amount to be determined or to be determined requires a not inconsiderable effort, the court may, by indicating the actual or unduly taken account of the administrative act, or not to take account of the change in the administrative act, The legal conditions shall be determined in such a way as to enable the authority to calculate the amount due to the decision. The authority shall immediately inform the parties of the result of the recalculation without delay; the administrative act shall be notified anew with the amended content after the decision is valid. (3) If the court holds a further clarification of the facts of the case, the , it may, without deciding on the matter itself, lift the administrative act and the notice of opposition in so far as the nature or scope of the investigations still required is substantial and the repeal, taking into account the The interests of the parties concerned are relevant. At the request of the Court of First Instance, the Court of First Instance may, pending the adoption of the new administrative act, take a procedure of incitement, in particular by determining that collateral be provided or remaining wholly or partly in existence and that the benefits are not repaid at first . The decision may be amended or repealed at any time. A decision pursuant to sentence 1 may only be taken within six months from the date of receipt of the files of the Authority in the courts. (4) If, in addition to the repeal of an administrative act, a performance may be required, the same procedure shall also include the conviction on the file. (5) In so far as the refusal or omission of the administrative act is unlawful and the plaintiff is thereby infringed on his rights, the court undertakes the administrative authority's obligation to carry out the requested act of office, when the matter is ripe. Otherwise, it is the obligation to make the plaintiff modest in compliance with the legal opinion of the court.

Footnote

Section 113 (1) sentence 2 and 3, previous para. 5: Am. Am. by G v. 26.6.1981 I 553, gem. BVerfGE v. 19.10.1982 I 1493 incompatible with Art. 70 GG and therefore null Unofficial table of contents

Section 114

To the extent that the managing authority is empowered to act at its discretion, the court shall also examine whether the administrative act or the rejection or omission of the administrative act is unlawful, because the legal limits of the discretion is or is not used in a manner appropriate to the purpose of empowerment. The administrative authority may also supplement its administrative measures with regard to administrative proceedings. Unofficial table of contents

§ 115

§ § 113 and 114 shall apply accordingly if, pursuant to Section 79 (1) (2) and (2) of the Appeal Board of Appeal, the notice of appeal is the subject of the appeal. Unofficial table of contents

Section 116

(1) The judgment shall, when an oral hearing has taken place, usually be announced in the date when the oral proceedings are closed, in special cases in an immediately scheduled date, which shall not be more than two weeks In addition, The judgment shall be delivered to the parties. (2) The delivery of the judgment shall be admissible instead of the proclamation; the judgment shall then be communicated to the office within two weeks of the oral proceedings. (3) The Court of First Instance shall decide without oral proceedings, the announcement shall be replaced by notification to the parties concerned. Unofficial table of contents

Section 117

(1) The judgment is given "In the name of the people". It shall be written in writing and signed by the judges who have participated in the decision. If a judge is prevented from signing his signature, this shall be noted by the Chair or, if it is prevented, by the elder attached judge under the Judgment. The signature of the honorary judges does not need to be signed. (2) The verdict contains

1.

the description of the parties, their legal representatives and the agents by name, profession, place of residence and their position in the proceedings;

2.

the name of the court and the names of the members who took part in the decision,

3.

the judgment of the judgment,

4.

the facts,

5.

the reasons for the decision,

6.

the right of appeal.

(3) In the event of the event, the status of the property and the dispute is to be presented in the light of the requests made, highlighting its essential content. In view of the details, reference should be made to documents, minutes and other documents, insofar as they are sufficient for the purposes of the property and the dispute. (4) A judgment which has not yet been fully drawn up in the case of the proclamation is before the end of the proceedings. of two weeks, calculated from the date of delivery, shall be sent to the office in full. If this cannot be done by way of exception, within these two weeks the judgment signed by the judges shall be transmitted without the facts, reasons for decisions and the instruction of the office of appeal; facts, reasons for decision (5) The Court of First Instance may refrain from any further presentation of the reasons for the decision, in so far as the Court of First Instance is responsible for the application of the law and the legal remedy. the statement of reasons of the administrative act or of the appeal is followed and this (6) The Office of the Office shall, on the judgment, mark the date of service and, in the case of § 116 (1), first sentence, note the date of the announcement and shall sign this note. If the files are kept in electronic form, the official of the office shall hold the endorsement in a separate document. The document is inextricably linked to the judgment. Unofficial table of contents

Section 118

(1) Write errors, calculation errors and similar obvious inaccuracies in the judgment are to be corrected by the court at any time. (2) The correction can be decided without prior oral proceedings. The amending decision shall be recorded on the judgment and on the copies. If the judgment is electronically drafted, the decision shall also be drafted electronically and be inseparably linked to the judgment. Unofficial table of contents

§ 119

(1) If the facts of the judgment contain other inaccuracies or ambiguities, the correction may be requested within two weeks of the date of notification of the judgment. (2) The court shall decide without taking any evidence by decision. The decision shall be indisputable. Only the judges who participated in the judgment shall act in the decision. If a judge is prevented from voting, the vote of the chairman shall be decided in the event of a tie. The amending decision shall be recorded on the judgment and on the copies. If the judgment is electronically drafted, the decision shall also be drafted electronically and be inseparably linked to the judgment. Unofficial table of contents

§ 120

(1) If a request made by one of the parties concerned or the cost sequence has been passed in whole or in part in the decision, the judgment shall be supplemented at the request by a subsequent decision. (2) The decision must be taken (3) The oral proceedings have only the unfinished part of the dispute as the subject matter. Unofficial table of contents

Section 121

Binding final judgments in so far as the subject of the dispute has been decided,

1.

the parties and their legal successor and

2.

in the case of section 65 (3), persons who have not submitted an application for summons or who have not submitted a request for a period of time.

Unofficial table of contents

§ 122

(1) § § 88, 108 (1) sentence 1, § § 118, 119 and 120 shall apply in accordance with decisions. (2) Decisions shall be justified if they can be appealed by means of appeal or if they decide on an appeal. Decisions concerning the suspension of enforcement (§ § 80, 80a) and interim measures (§ 123) as well as decisions after completion of the legal proceedings in the main proceedings (Section 161 (2)) must always be justified. Decisions which decide on an appeal do not require any further justification, insofar as the court rejects the appeal as unfounded on the grounds of the contested decision.

11.
Injunction

Unofficial table of contents

§ 123

(1) On request, the Court of First Instance may, even before the action of the Court of Justice, make an injunction with regard to the subject-matter of the dispute if there is a risk that the existence of a right of the The applicant could be foiled or made much more difficult. Interim measures are also admissible in order to regulate a provisional state in relation to a contested legal relationship, if such a rule, in particular in the case of permanent legal relationships, is to avert significant disadvantages or imminent violence (2) The Court of First Instance shall be responsible for the adoption of interim measures. This is the court of the first legal suit and, if the main proceedings are pending in the appeal proceedings, the Court of Appeal. § 80 (8) is to be applied accordingly. (3) For the adoption of interim measures, § § 920, 921, 923, 926, 928 to 932, 938, 939, 941 and 945 of the Code of Civil Procedure shall apply. (4) The court shall decide by decision. (5) The provisions of the Paragraphs 1 to 3 shall not apply to the cases of § § 80 and 80a.

Part III
Appeal and resumption of proceedings

12.
Appeal

Unofficial table of contents

Section 124

(1) In the case of final parts, including the partial judgments in accordance with § 110 and against interim judgments in accordance with § § 109 and 111, the person concerned shall be entitled to appeal if it is approved by the Administrative Court or the Administrative Court. (2) The appeal is only to be allowed,

1.

if there are serious doubts as to the accuracy of the judgment,

2.

where the case has particular real or legal difficulties,

3.

when the case is of fundamental importance,

4.

if the judgment deviates from a decision of the Supreme Administrative Court, the Federal Administrative Court, the joint Senate of the Supreme Court of Justice of the Federal Republic of Germany or the Federal Constitutional Court, and is based on this deviation, or

5.

where a procedural violation of the Court of Appeal is invoked and the decision may be based on the judgment.

Unofficial table of contents

Section 124a

(1) The Administrative Court shall allow the appeal in the judgment if the grounds of Section 124 (2) (3) or (4) are available. The Supreme Administrative Court shall be bound by the authorisation. The Administrative Court is not entitled to a non-authorisation of the appeal. (2) The appeal is, if it has been approved by the Administrative Court, within one month of the date of delivery of the full judgment by the Administrative Court. . The appeal must refer to the judgment under appeal. (3) The appeal shall be justified in the cases referred to in paragraph 2 within two months of the date of delivery of the full judgment. The statement of reasons shall be submitted to the Administrative Court of the Supreme Administrative Court, provided that it does not take place at the same time as the appeal has been filed. The period of justifications may be extended to a request made prior to its expiry by the chairman of the senate. The statement of reasons must contain a specific application and the reasons for the appeal (grounds of appeal) to be found in detail. If there is a lack of one of these requirements, the appeal shall be inadmissible. (4) The appeal shall not be invoked in the judgment of the The Administrative Court shall, within one month of the date of notification of the full judgment, apply for authorisation. The application shall be submitted to the Administrative Court. It must refer to the judgment under appeal. Within two months of the date of delivery of the full judgment, the reasons for allowing the appeal to be made shall be set out. The explanatory statement shall be submitted to the Administrative Court in so far as it has not already been submitted with the request. The position of the application inhibits the legal force of the judgment. (5) The Higher Administrative Court decides on the application by decision. The appeal shall be permitted if one of the reasons set out in Section 124 (2) is presented and is present. The decision is to be briefly justified. By rejecting the application, the judgment will become final. If the Supreme Administrative Court makes the appeal, the application procedure shall be continued as an appeal; the appeal shall not be required. (6) The appeal shall be lodged in the cases referred to in paragraph 5 within one month of the notification of the Decision on the authorisation of the appeal to be justified. The explanatory statement shall be submitted to the Administrative Court. The provisions of the third sentence of paragraph 3 shall apply accordingly. Unofficial table of contents

§ 125

(1) The provisions of Part II shall apply in accordance with the appeal procedure in so far as nothing else is apparent from this section. § 84 shall not apply. (2) If the appeal is inadmissible, it shall be rejected. The decision may be taken by decision. The participants must be heard beforehand. The decision against the decision is the right of appeal, which would be admissible if the court had ruled by judgment. The parties concerned shall be informed of this legal remedy. Unofficial table of contents

§ 126

(1) The appeal may be withdrawn to the legal force of the judgment. The acceptance by the defendant and, if a representative of the public interest has taken part in the oral proceedings, shall also require his/her consent. (2) The withdrawal after the oral proceedings have been filed. The appeal shall be deemed to be withdrawn if the appellant does not operate the proceedings for more than three months despite the court's request. The second sentence of paragraph 1 shall apply accordingly. The appellant is to be informed in the request of the legal consequences arising from the first sentence and section 155 (2). The court finds, by decision, that the appeal is deemed to have been withdrawn. (3) The withdrawal brings about the loss of the legal remedy used. The Court of First Instance shall decide on the order of costs by decision. Unofficial table of contents

§ 127

(1) The appellant and the other parties concerned may join the appeal. The connection is to be filed with the Oberverwaltungsgericht (Oberverwaltungsgericht). (2) The closing is also permitted if the party has waived the appeal or the time limit for the appeal or the application for admission of the appeal has expired. It shall be admissible up to the end of one month after the notification of the appellate publication. (3) The connection vocation must be justified in the connection address. § 124a (3) sentences 2, 4 and 5 shall apply accordingly. (4) The connection vocation shall not be subject to approval. (5) The closure shall lose its effect if the appeal is withdrawn or rejected as inadmissible. Unofficial table of contents

§ 128

The Oberverwaltungsgericht (Oberverwaltungsgericht) shall examine the dispute within the appeal in the same extent as the Administrative Court. It also takes into account newly introduced facts and evidence. Unofficial table of contents

§ 128a

(1) New statements and evidence which have not been brought forward in the first legal proceedings against a time limit set for this purpose (Section 87b (1) and (2)) shall be admissible only if, in accordance with the free conviction of the Court of First Instance, their authorisation is to be granted It would not delay litigation or if the party concerned apologised enough for the delay. The reason for the apology shall be credible at the request of the court. Sentence 1 shall not apply if the party concerned has not been informed in the first legal proceedings of the consequences of a deadline for failure to meet in accordance with Section 87b (3) (3) or if it is possible with little effort to do so without the involvement of the party concerned. (2) Declarations and evidence which the Administrative Court was right to reject shall also be excluded in the appeal proceedings. Unofficial table of contents

Section 129

The judgment of the Administrative Court may only be amended to the extent that a change has been requested. Unofficial table of contents

§ 130

(1) The Oberverwaltungsgericht (Oberverwaltungsgericht) must collect the necessary evidence and decide in the case itself. (2) The Oberverwaltungsgericht (Oberverwaltungsgericht) may, in so far as its further negotiation is required, subject the matter to the annulment of the judgment and the proceedings only to refer back to the Administrative Court,

1.

as far as the proceedings before the Administrative Court suffer from a substantial defect and due to this lack an extensive or complex taking of evidence is necessary, or

2.

if the administrative court has not yet decided on the matter itself

(3) The Administrative Court shall be bound by the legal assessment of the appeal decision. Unofficial table of contents

§ 130a

The Oberverwaltungsgericht (Oberverwaltungsgericht) may decide on the appeal by decision if it considers it to be unfounded, unanimously or unanimously, and does not consider it necessary for oral proceedings to be held. Section 125 (2) sentences 3 to 5 shall apply accordingly. Unofficial table of contents

§ 130b

The Oberverwaltungsgericht (Oberverwaltungsgericht) may refer in the judgment on the appeal to the facts of the contested decision when it is fully in line with the findings of the Administrative Court. It may be disregarded from a further description of the reasons for the decision to the extent that it rejects the appeal as unfounded on the grounds of the contested decision. Unofficial table of contents

Section 131

(dropped)

Section 13
Revision

Unofficial table of contents

Section 132

(1) Against the judgment of the Oberverwaltungsgericht (§ 49 no. 1) and against decisions pursuant to Section 47 (5) sentence 1, the parties to the Federal Administrative Court shall be subject to the review if the Administrative Court of the Supreme Administrative Court or on appeal against the non-authorisation the Federal Administrative Court has allowed it. (2) The revision shall be permitted only if:

1.

the fundamental importance of the case,

2.

the judgment deviates from a decision of the Federal Administrative Court, the Joint Senate of the Supreme Courts of the Federal Republic of Germany or the Federal Constitutional Court, and is based on this deviation, or

3.

a procedural violation is claimed and is available on which the decision may be based.

(3) The Federal Administrative Court shall be bound by the authorisation. Unofficial table of contents

§ 133

(1) The non-authorisation of the revision may be challenged by appeal. (2) The appeal shall be filed within one month after the date of delivery of the complete judgment in the court against whose judgment the appeal is to be filed. The appeal must be the subject of the judgment under appeal. (3) The appeal shall be justified within two months of the date of notification of the full judgment. The explanatory statement shall be submitted to the Court of First Instance against whose judgment revision is to be filed. In the explanatory statement, the fundamental importance of the case must be set out, or the decision on which the judgment deviates or the procedural defect must be described. (4) The appeal of the appeal is the legal force of the judgment. (5) The Federal Administrative Court decides by decision not to remedy a complaint. The decision is to be briefly explained; it may not be justified on the grounds that it is not appropriate to contribute to the clarification of the conditions under which a revision is to be permitted. By rejecting the appeal by the Federal Administrative Court, the judgment becomes final. (6) In the decision, the Federal Administrative Court can repeal the judgment under appeal (6) and repeal the decision of the Federal Administrative Court (Bundesverwaltungsgericht). Refer back to the trial and decision in case of a legal dispute. Unofficial table of contents

Section 134

(1) In the event of the judgment of a Administrative Court (Section 49 (2)), the person concerned shall be subject to the revision of the Appeal Court if the plaintiff and the defendant agree in writing to the conclusion of the jump revision and, if the applicant is informed of the The Administrative Court shall be approved in the judgment or at the request of a decision. The application shall be made in writing within one month of the date of notification of the full judgment. Consent to the inclusion of the jump revision shall be attached to the application or, if the revision is approved in the judgment, to the revision copy. (2) The revision shall be permitted only if the conditions of § 132 (2) no. 1 or 2 are fulfilled. The Federal Administrative Court shall be bound by the authorisation. The refusal of authorisation shall be indisputable. (3) If the Administrative Court disclaims the application for authorisation of the revision by decision, the notification of this decision shall commencing the period for the application for the authorisation of the appeal shall be renewed, if the application was filed in the legal period and form and accompanied by the declaration of consent. If the Administrative Court makes the revision by decision, the course of the revision period begins with the notification of this decision. (4) The revision cannot be based on defects of the procedure. (5) The consideration of the revision and the approval of the decision shall be deemed to be a renunciation of the appeal if the Administrative Court has approved the revision. Unofficial table of contents

§ 135

Against the judgment of an administrative court (§ 49 no. 2), the parties are subject to the revision to the Federal Administrative Court if the appeal is ruled out by federal law. The revision can only be filed if the Administrative Court or on a complaint against the non-authorisation the Federal Administrative Court has allowed it. § § 132 and 133 apply accordingly for admission. Unofficial table of contents

Section 136

(dropped) Unofficial table of contents

Section 137

(1) The revision can only be based on the fact that the judgment under appeal shall be based on the infringement

1.

of federal law, or

2.

a provision of the administrative procedure law of a country which is in accordance with its wording in accordance with the administrative procedural law of the federal government,

(2) The Federal Administrative Court shall be bound by the actual findings made in the judgment under appeal, except where admissible and justified reasons for the revision are brought forward in relation to these findings. (3) The revision shall be Based on procedural shortcomings and not at the same time one of the conditions laid down in Article 132 (2) (1) and (2), only the alleged procedural defects shall be decided upon. Moreover, the Federal Administrative Court shall not be bound by the reasons for which it has been invoked. Unofficial table of contents

§ 138

A judgment shall always be deemed to be based on the violation of federal law, if:

1.

the discerning court had not been properly staffed,

2.

in the case of the decision, a judge who was excluded from the exercise of the judge's power by law or who had been successful in refusing to act on the grounds of concern, was a judge;

3.

a party has failed to hear the legal hearing,

4.

a participant in the proceedings was not represented in accordance with the law of the law, unless he expressly or implicitly consented to the conduct of the proceedings,

5.

the judgment has been given at an oral hearing in which the provisions relating to the public have been infringed, or

6.

the decision is not reasoned.

Unofficial table of contents

Section 139

(1) The revision shall be submitted in writing to the court whose judgment is appealed within one month after the date of notification of the complete judgment or decision on the approval of the revision pursuant to section 134 (3) sentence 2. The revision period is also maintained if the revision is lodged with the Federal Administrative Court within the time limit. The revision must refer to the judgment under appeal. (2) If the appeal against the non-authorisation of the revision is remedied or if the Federal Administrative Court is to allow the revision, the appeal proceedings shall be continued as a revision procedure if: the Federal Administrative Court does not raise the contested judgment in accordance with Section 133 (6); the lodging of a review by the appellant does not require it. The decision shall be pointed out in the decision. (3) The revision shall be justified within two months of the date of notification of the complete judgment or of the decision on the approval of the revision in accordance with Section 134 (3) sentence 2; in the case of paragraph 2, it shall be: the period of grace one month after the date of notification of the decision on the approval of the revision. The justification shall be filed with the Federal Administrative Court. The time limit for justifications may be extended to a request submitted by the chairman before the expiry of the period. The explanatory statement must contain a specific request, the injured legal standard and, where procedural shortcomings are to be found, indicate the facts that result from the defect. Unofficial table of contents

§ 140

(1) The revision may be withdrawn up to the legal force of the judgment. The withdrawal after the submission of the requests at the oral proceedings shall give the consent of the auditor and, if the representative of the federal interest has participated in the proceedings of the Federal Administrative Court at the oral proceedings, also his/her (2) The withdrawal will result in the loss of the legal remedy used. The Court of First Instance shall decide on the order of costs by decision. Unofficial table of contents

Section 141

For the purpose of the revision, the provisions relating to the appointment shall apply accordingly, unless otherwise provided in this section. § § 87a, 130a and 130b are not applicable. Unofficial table of contents

Section 142

(1) The changes to the action and the supplements are inadmissible in the revision procedure. This does not apply to condolences pursuant to § 65 para. 2. (2) A procedural defect can only be carried out within two months of the notification of the consignment decision in the review procedure pursuant to § 65 para. 2. The time limit may be extended to a request submitted by the chairman before the expiry of the period. Unofficial table of contents

Section 143

The Federal Administrative Court shall examine whether the revision has been lodged and whether it has been filed and justified in the legal form and time limit. If there is a lack of one of these requirements, the revision shall be inadmissible. Unofficial table of contents

Section 144

(1) If the revision is inadmissible, it shall reject the Federal Administrative Court by decision. (2) If the revision is unfounded, the Federal Administrative Court shall reject the revision. (3) If the revision is well founded, the Federal Administrative Court may

1.

in the matter itself,

2.

Discontinue the judgment under appeal and refer the case back to other negotiation and decision.

The Federal Administrative Court shall refer the case back to the case if the conteer has a legitimate interest in the review procedure pursuant to Section 142 (1) sentence 2. (4) Although the reasons for the decision are a violation of the existing law, the court shall: (5) The Bundesverwaltungsgericht (Federal Administrative Court) rejects the case in the case of the revision of Article 49 (2) and § 134 of the case in the case of the other hearing, and decision, it may, at its discretion, also be sent to the Oberverwaltungsgericht (Oberverwaltungsgericht) that would have been responsible for the appeal. The same principles apply to the proceedings before the Oberverwaltungsgericht (Oberverwaltungsgericht), as if the legal dispute had been brought before the Higher Administrative Court (Oberverwaltungsgericht). (6) The Court of First Instance, to which the matter was referred to (7) The decision on the revision does not require any justification, in so far as the Federal Administrative Court (Bundesverwaltungsgericht) of the Federal Administrative Court (Bundesverwaltungsgericht) Rügen of procedural shortcomings does not consider it to be pervious. This does not apply to Rügen in accordance with § 138 and, if only procedural defects are claimed with the revision, for Rügen, on which the approval of the revision is based. Unofficial table of contents

§ 145

(dropped)

14.
Complaint, Reminder, Hearing of Hearing

Unofficial table of contents

Section 146

(1) The decisions of the Administrative Court, the Chairman or the rapporteur, which are not judgements or court rulings, shall be addressed to the parties concerned and to the other parties concerned by the decision to the appeal. Supreme Administrative Court, unless otherwise specified in this Act. (2) Process-management orders, declarations of resolution, Decisions on adjournment or the determination of a time-limit, decisions of evidence, Decisions on refusal of Evidence, on the connection and separation of proceedings and claims and on the Refusal of court persons and decisions on the rejection of legal aid if the court of law only negates the personal or economic conditions of legal aid, cannot be challenged with the appeal (3) In addition, subject to a statutory complaint against the non-authorisation of the revision, the appeal shall not be given in disputes over costs, charges and expenses if the value of the Board of Appeal is two hundred (4) The appeal against decisions of the Administrative courts in proceedings of provisional legal protection (§ § 80, 80a and 123) shall be justified within one month after the announcement of the decision. The explanatory statement shall be submitted to the Oberverwaltungsgericht (Oberverwaltungsgericht) if it has not already been submitted with the complaint. It must contain a specific request, explain the reasons why the decision is to be amended or repealed, and deal with the contested decision. If there is a lack of one of these requirements, the appeal shall be rejected as inadmissible. The Administrative Court shall immediately submit the appeal; § 148 (1) shall not apply. The Oberverwaltungsgericht (Oberverwaltungsgericht) shall examine only the reasons set out above. (5) (6) (omitted) Unofficial table of contents

Section 147

(1) The appeal shall be lodged with the court whose decision is challenged in writing or on the minutes of the document of the original customer of the office within two weeks of the date of notification of the decision. § 67 (4) remains unaffected. (2) The notice of appeal is also maintained if the appeal is received by the appeal court within the time limit. Unofficial table of contents

§ 148

(1) If the Administrative Court, the Chairman or the rapporteur, whose decision is challenged, considers the appeal to be justified, it shall be removed; otherwise it shall be submitted immediately to the Administrative Court. (2) The Administrative Court shall inform the parties concerned of the submission of the appeal to the Administrative Court. Unofficial table of contents

§ 149

(1) The appeal shall have suspensive effect only if it has the object of setting a regulatory or coercive means. The Court of First Instance, the chairman or the rapporteur, whose decision is contested, may also decide that the enforcement of the contested decision may be suspended at the time of the decision. (2) § § 178 and 181 (2) of the Court Constitutional Law shall remain unaffected. Unofficial table of contents

Section 150

The Oberverwaltungsgericht (Oberverwaltungsgericht) decides on the appeal by decision. Unofficial table of contents

Section 151

The decision of the Court of First Instance may be requested within two weeks of the announcement of the decisions of the authorised or requested Judge or the Authentic Person. The application shall be made in writing or in the minutes of the official of the Office of the Court of First Instance. § § 147 to 149 shall apply accordingly. Unofficial table of contents

Section 152

(1) Decisions of the Supreme Administrative Court cannot, subject to § 99 (2) and § 133 (1) of this Act, as well as § 17a (4) sentence 4 of the Court Constitutional Law, not be challenged with the appeal to the Federal Administrative Court (Bundesverwaltungsgericht) (2) In proceedings before the Federal Administrative Court, decisions of the authorised judge or the official of the Office of the Office of the Office of the Office § 151 shall apply accordingly. Unofficial table of contents

§ 152a

(1) The proceedings shall be continued on the complaint of a party complained of by a court decision, if:

1.

an appeal or any other appeal against the decision is not given and

2.

the Court of First Instance infringed the right of that party to be heard in a substantial manner in a decision-making manner.

The complaint does not take place against a decision which precedes the final decision. (2) The complaint is to be made within two weeks of knowledge of the infringement of the legal hearing; the date of the acquisition of knowledge is credibly . After the expiry of a year since the contested decision has been announced, the complaint can no longer be levied. Decisions notified in a formless form shall be deemed to have been notified to the post of mail with the third day after the assignment. The complaint shall be made in writing or in the minutes of the official of the Office of the Office of the Court of First Instance, whose decision shall be attacked. Section 67 (4) remains unaffected. The complaint must indicate the decision taken and the existence of the conditions set out in the first sentence of the first sentence of paragraph 1. (3) The other parties concerned shall, if necessary, be given the opportunity to comment. (4) Is the beet not shall be rejected as inadmissible or not in the legal form or by a period of time. If the beet is unfounded, the court rejects it. The decision shall be taken by means of an indisputable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. The procedure shall be returned to the situation in which it was before the end of the oral proceedings. In written proceedings, the date of the oral proceedings shall be replaced by the date until the pleadings may be filed. § 343 of the Code of Civil Procedure must be applied accordingly for the judgment of the Court of First Instance. (6) § 149 (1) sentence 2 shall apply accordingly.

Section 15
Resumption of proceedings

Unofficial table of contents

Section 153

(1) A legally binding procedure may be resumed in accordance with the provisions of the Fourth Book of Civil Procedure. (2) The power to collect the action for annulment and the restitution charge shall also be conferred on the representative of the public. Interest, in proceedings before the Federal Administrative Court in the first and last legal proceedings, also to the representative of the federal interest in the Federal Administrative Court.

Part IV
Costs and enforcement

Section 16
Cost

Unofficial table of contents

Section 154

(1) The underlying part shall bear the costs of the proceedings. (2) The costs of an appeal filed without success shall be borne by the person who has lodged the appeal. (3) Costs can only be charged to the invited person if he/she requests (4) The costs of the successful re-admission procedure may be imposed on the Treasury insofar as they have not been incurred as a result of the fault of a party. Unofficial table of contents

§ 155

(1) Where a party is partly subject, the costs shall be waived or proportionate to the costs. If the costs are offset against one another, the court costs shall be half of the burden on each part. A participant may be ordered to pay the costs entirely if the other is subject to only a small amount. (2) Anyone who takes back an application, a lawsuit, an appeal or another remedy has to bear the costs. (3) Costs, the costs, the costs, the costs, the costs, the costs, the costs. (4) costs incurred as a result of the fault of a person concerned may be imposed on the applicant. Unofficial table of contents

Section 156

If the defendant has not given an instigation to the imposition of the action by his conduct, the plaintiff shall be charged with the costs of the proceedings if the defendant immediately acknowledges the claim. Unofficial table of contents

Section 157

(dropped) Unofficial table of contents

Section 158

(1) The challenge of the decision on the costs shall be inadmissible if an appeal is not filed against the decision in the main proceedings. (2) If a decision has not been taken in the main case, the decision on the costs shall be Unquestionable. Unofficial table of contents

Section 159

If the chargeable part consists of several persons, Section 100 of the Code of Civil Procedure shall apply accordingly. If the legal relationship in dispute can only be decided in a uniform manner in relation to the chargeable part, the costs may be imposed on the several persons as total debtors. Unofficial table of contents

§ 160

If the litigation is carried out by comparison and the parties concerned have not made any provision concerning the costs, the court costs shall be half of the burden on each part. The extra-judicial costs shall be borne by each party concerned. Unofficial table of contents

Section 161

(1) In the judgment or, if the proceedings have been terminated in a different manner, the court has to decide on the costs by decision. (2) If the dispute is dealt with in the main proceedings, the court shall decide, except in the cases of Section 113 (1). Sentence 4 shall be considered at its reasonable discretion as to the costs of the proceedings by decision; the current level of property and dispute shall be taken into account. The dispute shall also be dealt with in the main proceedings if the defendant does not object to the plaintiff's declaration of invalidity within two weeks since the document containing the declaration of redemption has been served and he has been brought by the court to that effect. (3) In the cases of § 75, the costs are always charged to the defendant if the plaintiff was allowed to reckon with his seizure before the action of the plaintiff. Unofficial table of contents

Section 162

(1) Costs are the costs of the court (fees and expenses) and the expenses incurred by the parties involved in the appropriate legal proceedings or defence, including the costs of the preliminary proceedings. (2) The fees and expenses of a Lawyers or legal counsel, in case of tax matters, also one of the persons referred to in § 67 (2) sentence 2 no. 3, are always reimbursable. Where a pre-trial has been carried out, fees and expenses shall be reimbursable if the court declares that an authorised representative is required to be granted the preliminary proceedings. Legal persons under public law and public authorities may, in place of their actual necessary expenses for postal and telecommunications services, be entitled to the provisions of point 7002 of Annex 1 to the law on the remuneration of the law (3) The extra-judicial costs of the co-invited are only reimbursable if they are imposed on the court of equity of the underlying party or of the state treasury. Unofficial table of contents

Section 163

(dropped) Unofficial table of contents

Section 164

The official of the Court of First Instance shall, on request, determine the amount of the costs to be reimbursed. Unofficial table of contents

Section 165

The parties concerned may challenge the fixing of the costs to be reimbured. Section 151 shall apply accordingly. Unofficial table of contents

§ 165a

Section 110 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 166

(1) The provisions of the Code of Civil Procedure relating to legal aid as well as § 569 (3) (2) of the Code of Civil Procedure shall apply accordingly. A tax advisor, tax officer, auditor or sworn accountant can also be attached to a participant who has been granted legal aid. The remuneration is governed by the law applicable to the associated lawyer. (2) The examination of the personal and economic circumstances in accordance with § § 114 to 116 of the Code of Civil Procedure , including the measures referred to in § 118 (2) of the Code of Civil Procedure, the assessment of comparisons in accordance with Article 118 (1) sentence 3 of the Code of Civil Procedure and the decisions pursuant to Section 118 (2) sentence 4 of the Code of Civil Procedure shall be the responsibility of the Civil servants of the office of the respective legal proceedings, if the chairman is to Method to this extent. If the conditions for the approval of the legal aid are not fulfilled, the official shall issue the decision to reject the application; otherwise, the official shall note in the proceedings that the applicant shall be informed in accordance with his/her application. personal and economic conditions can be granted legal aid and at what level the monthly instalments or amounts are to be paid out of the assets. (3) In the case of legal aid, the official is responsible for the legal expenses of the official further the determination of the timing of the setting and the Resumption of payments pursuant to § 120 (3) of the Code of Civil Procedure as well as the amendment and cancellation of the approval of the legal aid in accordance with § § 120a and 124 (1) (2) to (5) of the Code of Civil Procedure. (4) The Chairman may be The tasks referred to in paragraphs 2 and 3 shall be carried out at any time. § 5 (1) (1), § § 6, 7, 8 (1) to (4) and § 9 of the Law on the Rights of Law shall apply mutah. with the proviso that the official of the office shall be replaced by the right-holder. (5) § 87a (3) shall apply accordingly. (6) Against Decisions of the official in accordance with paragraphs 2 and 3 may be made within two weeks of notification of the decision of the Court of First Instance. (7) By Land Law, it may be determined that paragraphs 2 to 6 for the courts of the shall not be applicable to each country.

17.
Enforcement

Unofficial table of contents

Section 167

(1) Unless otherwise provided by this Law, the Eighth Book of the Rules of Civil Procedure shall apply in accordance with the Enforcement of the Act. Court of Enforcement is the court of the first legal suit. (2) Judgments on appeal and commitment actions can only be declared enforceable on account of the costs. Unofficial table of contents

§ 168

(1) Enforcement shall be carried out

1.

of legally enforceable and provisionally enforceable judicial decisions,

2.

from interim measures,

3.

from judicial comparisons,

4.

from cost-fixing decisions,

5.

from the arbitrations of public-law arbitration tribunals declared enforceable, provided that the judgment on enforceability is legally enforceable or is declared enforceable for the time being.

(2) In order to enforce the judgment, the parties may, at their request, be granted copies of the judgment without any facts and without reasons of decision, the delivery of which shall be equivalent to the effects of the service of a full judgment. Unofficial table of contents

§ 169

(1) If the Federal Republic of Germany, a country, a community association, a community or a corporation, institution or foundation under public law is to be enforced, enforcement shall be governed by the law on administrative enforcement. The executing authority within the meaning of the Administrative Enforcement Act shall be the Chairman of the Court of First Instance; he may, in respect of the execution of the enforcement, be subject to another enforcement authority or to a bailier (2) If enforcement is carried out in order to enforce acts, acts and omissions by means of mutual assistance from the institutions of the Länder, it shall be carried out in accordance with national law. Unofficial table of contents

§ 170

(1) If the Federal Government, a country, a local authority, a community, a body, an institution or a foundation under public law are to be carried out on account of a monetary claim, the court of the first shall have the right to Right of law enforcement. It shall determine the enforcement measures to be taken and shall ask the competent authority to take the necessary measures. The requested authority shall be obliged to comply with the request under the enforcement provisions applicable to it. (2) The Court of First Instance shall have the authority or bodies, institutions and foundations of the public authority before the order of enforcement has been issued. On the right, to be enforced, the legal representatives shall be notified of the intended execution, with the request that enforcement should be averted within a time limit to be measured by the court. The period of time may not exceed one month. (3) Enforcement is inadmissible in matters which are indispensable for the performance of public duties or whose divestiment is contrary to public interest. The court decides on objections after consulting the competent supervisory authority or at the highest federal or state authorities of the competent minister. (4) The provisions of paragraphs 1 to 3 shall not apply to public credit institutions. (5) The The announcement of the execution and the observance of a waiting period shall not be required if the order is the enforcement of a consous order. Unofficial table of contents

Section 171

In the cases of § § 169, 170 (1) to (3), there is no need for an enforcement clause. Unofficial table of contents

Section 172

If the authority does not comply with the obligation imposed in the judgment or in the injunction in the cases of § 113 (1) sentence 2 and (5) and 123 of the obligation imposed by it in the judgment or in the injunction, the court of the first legal suit may, upon request, be subject to a time-limit against it A penalty payment of up to ten thousand euros by decision, after a fruitless period of time, are fixed and carried out by officialness. The periodic penalty payment may be repeatedly threatened, fixed and enforced.

Part V
Closure and transitional provisions

Unofficial table of contents

Section 173

Insofar as this law does not contain any provisions on the procedure, the Law of the Court of Justice and the Code of Civil Procedure, including Section 278 (5) and § 278a, shall apply mutagenly if the fundamental differences between the two Do not rule out this method. The provisions of the Seventeenth Title of the Law of the Court of Justice shall be applied in accordance with the conditions laid down by the Oberlandesgericht (Oberlandesgericht), the Higher Administrative Court (Oberverwaltungsgericht), the Federal Court of Justice (Bundesgerichtshof), the Federal Administrative Court and replace the Code of Civil Procedure with the administrative court order. In accordance with § 1062 of the Code of Civil Procedure, the competent administrative court, court within the meaning of § 1065 of the Code of Civil Procedure, is the competent administrative court. Unofficial table of contents

§ 174

(1) For the representative of the public interest in the Oberverwaltungsgericht (Oberverwaltungsgericht) and the Administrative Court, the qualification of the judge's office in accordance with the German Judge Act shall be equal to the qualification for the higher administrative service if it is at least three years of study in law at a university and three years of training in the public service by laying down the statutory audits. (2) In the case of war participants, the condition of the , paragraph 1 shall be deemed to be fulfilled if they comply with the specific provisions applicable to them. you have enough. Unofficial table of contents

§ § 175 to 177 (omitted)

Unofficial table of contents

§ § 178 and 179 ----

(amending rules) Unofficial table of contents

§ 180

If the hearing or the scouring of witnesses and experts is carried out in accordance with the Administrative Procedure Act or in accordance with the Tenth Book of Social Code by the Administrative Court, it shall be found before the administrative court in the course of the business distribution plan. Judge instead. The Administrative Court decides on the legality of a denial of the certificate, of the opinion or of the eidespower in accordance with the Administrative Procedure Act or in accordance with the Tenth Book of the Social Code. Unofficial table of contents

§ § 181 and 182 ----

(amending rules) Unofficial table of contents

Section 183

If the Constitutional Court of a country has determined the nullity of national law or annuls the provisions of the national law, the country shall not be subject to any further contestable provisions, subject to a special legal provision. Decisions of the courts of administrative jurisdiction based on the non-declared standard shall be without prejudice to the decisions taken. Enforcement from such a decision shall be inadmissible. Section 767 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 184

The Land may determine that the Administrative Court shall continue the term "Administrative Court". Unofficial table of contents

§ 185

(1) In the Länder of Berlin and Hamburg the districts within the meaning of § 28 are replaced by districts. (2) The Länder of Berlin, Brandenburg, Bremen, Hamburg, Mecklenburg-Western Pomerania, Saarland and Schleswig-Holstein may deviate from the provisions of the § 73 para. 1 sentence 2 permit. Unofficial table of contents

Section 186

Section 22, No. 3 also applies in the Länder of Berlin, Bremen and Hamburg, with the proviso that persons working on a voluntary basis in the public administration cannot be called on to honorary judges. § 6 of the Introductory Act to the Law Constitutional Law applies accordingly. Unofficial table of contents

§ 187

(1) Countries may delegate to the courts of administrative jurisdiction tasks of disciplinary jurisdiction and arbitral jurisdiction in the case of property-related disputes of public law associations, such courts shall be entitled to (2) Countries may also, in the area of the right of human resources representation, be able to comply with the provisions of this Act concerning the occupation and procedure of the administrative courts and of the Supreme Administrative Court (3) (omitted) Unofficial table of contents

Section 188

The subject areas in matters of care, with the exception of social welfare and asylum seekers ' benefits law, youth welfare, war victim welfare, severely disabled persons and training promotion, are to be found in a Chamber or in a Senate. Court costs (fees and expenses) shall not be levied in the procedures of this kind; this shall not apply to any reimbursement disputes between social security institutions. Unofficial table of contents

§ 189

For the decisions to be taken in accordance with section 99 (2), the Oberverwaltungsgericht and the Federal Administrative Court shall be responsible for forming specialist senates. Unofficial table of contents

§ 190

(1) The following laws, which deviate from this law, shall remain unaffected:

1.

The burden-equalisation law of 14 August 1952 (Federal Law Gazette). 446), as amended by the amending laws,

2.

the Law on the Establishment of a Federal Supervisory Office for the Insurance and Construction Savings Act of 31 July 1951 (Bundesgesetzbl. 480) in the version of the Act supplementing the Act on the Establishment of a Federal Supervisory Office for the Insurance and Construction Savings Act of 22 December 1954 (Bundesgesetzbl. 501),

3.

(dropped)

4.

The Law of July 14, 1953 (Federal Law Gazette). 591),

5.

the Personnel Representation Act of August 5, 1955 (Bundesgesetzbl. 477),

6.

the Order of Defenders (WBO) of 23 December 1956 (Bundesgesetzbl. 1066),

7.

The German War Prisoners Compensation Act (KgfEG) in the version dated December 8, 1956 (Bundesgesetzbl. 908),

8.

Section 13 (2) of the Patent Act and the provisions on the proceedings before the German Patent Office.

(2) (dropped) (3) (dropped) Unofficial table of contents

Section 191

(1) (amending regulation) (2) § 127 of the Civil Service Law Framework Act and Section 54 of the Staff Regulations Act shall remain unaffected. Unofficial table of contents

§ 192

(Amendment) Unofficial table of contents

Section 193

In a country in which no constitutional court exists, a jurisdiction conferred on the Administrative Court remains unaffected by the decision of constitutional disputes within the country until a constitutional court is established. Unofficial table of contents

§ 194

(1) The admissibility of vocations shall be governed by the law applicable until 31 December 2001, if prior to 1 January 2002

1.

the oral proceedings on which the judgment to be conteed is being held,

2.

In proceedings without oral proceedings, the office has issued the decision to be contested for the purpose of service to the parties.

(2) Furthermore, the admissibility of an appeal against a judicial decision shall be governed by the law applicable until 31 December 2001 if, before 1 January 2002, the judicial decision has been announced or announced, or by (3) Legal remedies filed before 1 January 2002 are deemed to have been filed against decisions in proceedings of legal aid granted by the Oberverwaltungsgericht (Higher Administrative Court). (4) In proceedings which have been pending before 1 January 2002, or for which the period before that date has been , and in proceedings relating to appeals against judicial decisions, which have been announced or announced before 1 January 2002, or have been delivered ex offitions in place of a declaration, shall apply to the process representation of the (5) § 40 (2) sentence 1, § 154 (3), § 162 (2) sentence 3 and § 188 sentence 2 are applicable to the proceedings pending before the Court of First Instance from 1 January 2002 in the version in force at that date. , Unofficial table of contents

§ 195

(1) (Entry into force) (2) to (6) (repeal, amending and chronologically outdated provisions) (7) For legislation within the meaning of § 47, which have been made public before 1 January 2007, the period laid down in Section 47 (2) shall apply in the period up to the end of 31 December 2007. December 2006.