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Parent Category: Courts
Created on Friday, 12 December 2008 18:53
Last Updated on Wednesday, 13 February 2013 13:30

Administrative Proceedings

This page will help you understand what an administrative office wants from you and what your rights if the office dares not to comply with your just application.

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After having submitted an application at an office, all of sudden I got a long letter explaining me why they are not planning to grant my wish. What is going on? Have I already lost? Are they trying to start to some kind of bargaining?
No, your case is not yet lost – but almost. Before an administrative office decides to reject your application you must be heard (§71 VwGO). The only thing that makes sense in this situation is to come up with more and/or different arguments within the given time. It would be a good idea to contact your attorney now.
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I just got a “Bescheid” from an office telling me this and that. What are my rights?
You have one month since notification of administrative act to contradict this decision. It might be a good idea to consult an attorney if the mistake is not only a real obvious mistake, like a misread house number.    
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Okay, I understand that I can contradict. However, will this not negatively influence my situation that I dare not to accept their situation?

No! By no means will your contradiction be considered rude or similar. Only bellyachers might have some trouble... Your contradiction will be internally forwarded to a different department. In this special department, another officer will take a second look as if first deciding your case. This officer will then decide either pro and contra. When the officer decides in your favor, you might be eligible to be compensated for legal fees.
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What happens if they do not change their decision?


Then you will receive a "Widerspruchsbescheid" (notice of the contradictory decision) wherein the officer will have explained his decision. You now have the right to file a case in court within one month after the notice has been served.
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How do administrative court proceedings work?
Virtually just as a civil law case. The main exception is that the judge will actively inquire the facts about the case. In other words, an administrative judge will explore the facts while the civil (as well as the commercial) judge will only listen to what you and your opponent present him.      
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Additional information