Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.deÜbersetzung durch Neil Mussett
Translation provided by Neil Mussett© 2011 juris GmbH, Saarbrücken

Code of Administrative Court Procedure
Code of Administrative Court Procedure in the version of the promulgation of 19 March 1991
(Federal Law Gazette I page 686), most recently amended by Article 9 of the Act of 22
December 2010 (Federal Law Gazette I page 2248)
Part I
Courts constitution
1st Chapter
CourtsSection 1
Administrative jurisdiction shall be exercised by independent courts separated from theadministrative authorities.
Section 2
Courts of administrative jurisdiction in the Länder shall be the Administrative Courts and one
Higher Administrative Court each, in the Federation they shall be the Federal Administrative
Court, which shall have its seat in Leipzig.
Section 3(1) The law shall order1.
the establishment and dissolution of an Administrative Court or of a Higher
Administrative Court,2.

the relocation of the seat of a court,

3.

changes to the boundaries of judicial districts,

4.
the allocation of particular areas of work to one administrative court to serve thejudicial districts of several administrative courts,
4a)
the allocation of sets of proceedings in which territorial jurisdiction is determinedin accordance with section 52 No. 2 first, second or fourth sentence, to anotheradministrative court or to several administrative courts of the Land,5.
the establishment of individual chambers of the administrative court or ofindividual senates of the Higher Administrative Court at other locations,6.
the passing to another court of sets of proceedings which are pending in thecourse of the measures described in Nos. 1, 3, 4 and 4a if jurisdiction is not to be
determined in accordance with the previously valid provisions.
(2) A number of Länder may agree to establish a joint court or joint adjudication bodies of acourt, or may agree to the extension of judicial districts across Land borders, including solely
for particular areas of work.
Section 4
The provisions of Title II of the Courts Constitution Act (Gerichtsverfassungsgesetz) shallapply mutatis mutandis to the courts of administrative jurisdiction. The members and three
deputies of the panel of judges with jurisdiction for rulings in accordance with section 99,

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.desubsection 2, shall be determined by the Presidium, in each case for the duration of four
years. The members and their deputies must be judges with life tenure.
Section 5(1) The administrative court shall be composed of the President and the Presiding Judges
and the necessary number of further judges.
(2) Chambers shall be formed at the administrative court.
(3) The chamber of the administrative court shall rule composed of three judges and twohonorary judges unless an individual judge adjudicates. The honorary judges shall not be
involved in orders outside the oral hearing and with summary decisions (section 84).
Section 6(1) The chamber should as a rule assign the legal dispute to one of its members as anindividual judge for a ruling if
1.

the case does not show any particular factual or legal difficulties, and2.

the case has no fundamental significance.

A judge on probation may not sit as an individual judge within the first year of his/her
appointment.
(2) The legal dispute may not be assigned to the individual judge if an oral hearing has
already taken place before the chamber, unless a judgment subject to reservation, a partial
or interim judgment has been handed down in the ensuing period.
(3) The individual judge may remit the dispute to the chamber after hearing those concerned
if it emerges from a major alteration to the procedural situation that the case has
fundamental significance or the case shows particular factual or legal difficulties. Reassignment to the individual judge shall be ruled out.
(4) Orders in accordance with subsections 1 and 3 shall not be contestable. An appeal may
not be based on failure to assign.
Sections 7 to 8
(repealed)
Section 9(1) The Higher Administrative Court shall be composed of the President and the Presiding
Judges and the necessary number of further judges.
(2) Senates shall be formed at the Higher Administrative Court.
(3) The senates of the Higher Administrative Court shall rule composed of three judges;
Land legislation may provide that the senates rule composed of five judges, two of whom
may also be honorary judges. It may also be provided for cases falling under section 48,
subsection 1, that the senates rule composed of five judges and two honorary judges. The
second half of the first sentence and the second sentence shall not apply to cases fallingunder section 99, subsection 2.
(4)
Section 10(1) The Federal Administrative Court shall be composed of the President and the Presiding
Judges and the necessary number of further judges.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(2) Senates shall be formed at the Federal Administrative Court.
(3) The senates of the Federal Administrative Court shall rule composed of five judges; withorders outside the oral hearing, it shall rule composed of three judges.
Section 11(1) A Grand Senate shall be formed at the Federal Administrative Court.
(2) The Grand Senate shall rule if a senate wishes to derogate in a legal question from theruling of another senate or of the Grand Senate.
(3) Submission to the Grand Senate shall only be admissible if the senate from whose rulinga derogation is to be made has declared on request from the senate of decision that it
adheres to its legal opinion. If the senate from whose ruling a derogation is to be madebecause of an alteration to the business schedule can no longer be seized with the legal
question, the senate shall replace it which according to the business schedule would now
have jurisdiction for the case in which a derogating ruling was handed down. The respective
senate shall rule on the enquiry and the response by order in the composition required forjudgments.
(4) The senate of decision may submit a question of fundamental significance to the Grand
Senate for a ruling if this is necessary in its view to refine the law or to ensure uniform caselaw.
(5) The Grand Senate shall consist of the President and one judge from each of the senates
for appeal on points of law not chaired by the President. If a senate which is not a senate forappeal on points of law makes a submission, or if its ruling is to be derogated from, amember of this senate shall also be represented in the Grand Senate. In the event of the
President being unable to attend, he/she shall be substituted by a judge of the senate towhich he/she belongs.
(6) The members and the deputies shall be appointed by the Presidium for one businessyear. This shall also apply to the member of another senate in accordance with subsection 5,
second sentence, and to his/her deputy. The Grand Senate shall be chaired by the
President, and by the most senior member if he/she is prevented from attending. The
Chairman shall have the casting vote in the event of a tie.
(7) The Grand Senate shall rule only on the legal question. It may rule without an oral
hearing. Its ruling shall be binding for the senate of decision in the instant case.
Section 12(1) The provisions of section 11 shall apply mutatis mutandis to the Higher Administrative
Court insofar as it rules finally on a matter of Land law. The senates for appeal on points offact and law formed in accordance with this Code shall replace the senates for appeal on
points of law.
(2) If a Higher Administrative Court consists only of two senates for appeal on points of fact
and law, the Grand Senate shall be replaced by the United Senates.
(3) Land law may determine a derogating composition of the Grand Senate.
Section 13
A registry shall be established at each court. It shall be occupied with the necessary numberof clerks.
Section 14

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All courts and administrative authorities shall provide legal and administrative assistance tothe courts of administrative jurisdiction.
2nd Chapter
JudgesSection 15(1) The judges shall be appointed for life unless provided otherwise in sections 16 and 17.
(2) (repealed)(3) The judges of the Federal Administrative Court must have reached the age of thirty-five.
Section 16
At the Higher Administrative Court and at the administrative courts judges of other courts
who have been appointed for life and full professors of law may be appointed as judges insubsidiary office for a fixed period of at least two years, but at most for the duration of theirmain office.
Section 17
Judges on probation or judges may be deployed at the administrative courts by commission.
Section 18
3rd Chapter
Honorary judges
Section 19
Honorary judges shall take part in oral hearings and in reaching a judgment with equal rights
as judges.
Section 20
An honorary judge must be a German. He/she should have reached the age of 25 and havehis/her place of residence within the court district.
Section 21(1) The following shall be excluded from holding the office of honorary judge
1.
individuals who as a result of a judicial ruling do not have capacity to exercise
public office or have been sentenced to more than six months’ imprisonment because of
an intentional offence,2.
individuals against whom the charge has been lodged in respect of an offence
which may entail loss of capacity to exercise public office,3.

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

(2) Individuals who have fallen into financial collapse should not be appointed as honorary
judges.
Section 22
The following may not be designated as honorary judges

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de1.
members of the Federal Parliament (Bundestag), of the European Parliament,of the legislative bodies of a Land, of the Federal Government or of a Land Government,
2.

judges,3.
civil servants and salaried employees in the public service if they do not act on
an honorary basis,4.

professional soldiers and voluntary regular soldiers,

4a.

(repealed)5.
lawyers, notaries and individuals who look after third-party legal matters on acommercial basis.
Section 23(1) The following may reject nomination to the office of honorary judge
1.

clergy and church officers,2.

lay judges and other honorary judges,

3.
individuals who have served for two terms as honorary judges at courts ofgeneral administrative jurisdiction,
4.

physicians, nurses, midwives,

5.

heads of pharmacies who do not employ another pharmacist,

6.
individuals who have reached the standard age limit in accordance with Book
Six of the Social Code (Sozialgesetzbuch).
(2) It is furthermore possible to be released from acceptance of the office on request in
special hardship cases.
Section 24(1) An honorary judge shall be released from his/her office if he/she1.
could not be nominated in accordance with sections 20 to 22, or can no longer
be nominated, or2.

has grossly violated his/her official duties, or3.

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

4.
or

no longer has the mental or physical capacity required to exercise his/her office,5.

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

(2) It is furthermore possible to be released from the further exercise of the office on request
in special hardship cases.
(3) The decision shall be taken by a senate of the Higher Administrative Court in the cases
falling under subsection 1, Nos. 1, 2 and 4 on request by the President of the administrative
court, and in cases falling under subsection 1, Nos. 3 and 5 and subsection 2 on request by
the honorary judge. The decision shall be handed down by order after hearing the honorary
judge. It shall not be contestable.
(4) Subsection 3 shall apply mutatis mutandis in cases falling under section 23, subsection 2.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(5) On request by the honorary judge, the decision in accordance with subsection 3 shall be
rescinded by the senate of the Higher Administrative Court if a charge had been filed inaccordance with section 21 No. 2 and the accused has been finally placed outsideprosecution or acquitted.
Section 25
Honorary judges shall be elected for five years.
Section 26(1) A committee shall be established at each administrative court to elect the honorary
judges.
(2) The committee shall consist of the President of the administrative court as its chair, anadministrative civil servant designated by the Land Government and seven trusted third party
as associate judges. The trusted third parties, as well as seven deputies, shall be selectedfrom among the residents of the district of the administrative court by the Land Parliament orby a Land Parliament committee designated by the latter or in accordance with a Landstatute. They must meet the preconditions for nomination as honorary judges. The Land
Governments are empowered via a legal ordinance to regulate the competence for thedesignation of the administrative civil servant in derogation from the first sentence. They may
assign this empowerment to supreme Land authorities. In the cases coming under section 3,
subsection 2, competence for the designation of the administrative civil servant, as well as of
the Land for the selection of the trusted third parties, shall be determined in accordance withthe seat of the court. The Land legislature can provide in these cases that each Land
Government involved seconds an administrative civil servant to the committee and that eachLand involved nominates at least two trusted third parties.
(3) The committee shall be quorate if at least the Presiding Judge, one administrative civil
servant and three trusted third parties are present.
Section 27
The number of honorary judges required for each administrative court shall be determined by
the President such that each can be anticipated to be called on to attend a maximum of
twelve ordinary session days per year.
Section 28
The districts and cities not associated with a district shall draft a list of proposals for honorary
judges every five years. The committee shall determine for each district and for each city not
associated with a district the number of individuals to be included in the list of proposals.
Here, twice as many as the honorary judges required in accordance with section 27 are to betaken as a basis. The consent of two-thirds of the members of the representative body of the
district or of the city not associated with a district present, but at least half the statutory
number of members, shall be required for inclusion in the list. The respective regulations
governing the passing of resolutions by the representative body shall remain unaffected
thereby. In addition to the name, the lists of proposals should also contain the place of birth,the date of birth and the profession of the nominee; they shall be conveyed to the Presidentof the competent administrative court.
Section 29(1) The committee shall select the requisite number of honorary judges from the lists ofproposals with a majority of at least two-thirds of the votes.
(2) The previous honorary judges shall remain in office until the new election takes place.

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Section 30(1) The Presidium of the administrative court shall determine prior to the commencement of
the business year the sequence in which the honorary judges are to be called in to thesessions.
(2) For the calling in of deputies in case of unforeseeable inability to attend, an auxiliary list
can be made up of honorary judges who live in or close to the seat of the court.
Section 31(repealed)
Section 32
The honorary judge and the trusted third party (section 26) shall receive compensation inaccordance with the Judicial Remuneration and Compensation Act (Justizvergütungs- und entschädigungsgesetz).
Section 33(1) An administrative fine may be imposed on an honorary judge who fails to appear at asession on time without a sufficient excuse or who otherwise evades his/her duties. At thesame time, he/she may be charged with the costs incurred by virtue of his/her conduct.
(2) The decision shall be taken by the Presiding Judge. If a subsequent excuse is provided,
he/she may rescind this in full or in part.
Section 34
Sections 19 to 33 shall apply mutatis mutandis to the honorary judges at the Higher
Administrative Court if the Land legislature has determined that honorary judges are involved
at this court.
4th Chapter
Representative of the public interest
Section 35(1) The Federal Government shall appoint a Representative of the Interests of theFederation at the Federal Administrative Court and shall establish him/her in the Federal
Ministry of the Interior. The Representative of the Interests of the Federation at the Federal
Administrative Court may attend any proceedings before the Federal Administrative Court;
this shall not apply to proceedings before the armed forces senates. He/she shall be boundby the instructions of the Federal Government.
(2) The Federal Administrative Court shall afford to the Representative of the Interests of theFederation at the Federal Administrative Court the opportunity to make a statement.

Section 36(1) A representative of the public interest may be appointed at the Higher Administrative
Court and at the administrative court, in accordance with a legal ordinance of the Land
Government. Here, he/she can be tasked with representing the Land or Land authorities ingeneral terms or for certain cases.
(2) Section 35, subsection 2, shall apply mutatis mutandis.
Section 37(1) The Representative of the Interests of the Federation at the Federal Administrative Court
and his/her full-time staff of the higher administrative service must have qualification forPage 7 of 50

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judicial office or fulfil the preconditions of section 110, first sentence, of the German Judiciary
Act (Deutsches Richtergesetz).
(2) The representative of the public interest at the Higher Administrative Court and at the administrative
court must have qualification for judicial office in accordance with the German Judiciary Act;section 174 shall remain unaffected thereby.

5th Chapter
Court administration
Section 38(1) The President of the court shall exercise service supervision of judges, civil servants,
salaried employees and wage-earners.
(2) The superior service supervision authority for the administrative court shall be thePresident of the Higher Administrative Court.
Section 39
The Court may not be assigned any administrative business outside court administration.
6th Chapter
Recourse to the administrative courts and jurisdiction
Section 40(1) Recourse to the administrative courts shall be available in all public-law disputes of anon-constitutional nature insofar as the disputes are not explicitly allocated to another court
by a federal statute. Public-law disputes in the field of Land law may also be assigned toanother court by a Land statute.
(2) Recourse shall be available to the ordinary courts for property claims from sacrifice forthe public good and from public-law deposit, as well as for compensation claims from theviolation of public-law obligations which are not based on a public-law contract; this shall not
apply to disputes regarding the existence and amount of a compensation claim in the context
of Article 14, subsection 1, second sentence, of the Basic Law (Grundgesetz). The special
provisions of civil service law, as well as those on legal recourse to compensate for property
disadvantages for withdrawal of unlawful administrative acts, shall remain unaffected.
Section 41(repealed)
Section 42(1) The rescission of an administrative act (rescissory action), as well as sentencing to issue
a rejected or omitted administrative act (enforcement action) can be requested by means ofan action.
(2) Unless otherwise provided by law, the action shall only be admissible if the plaintiff claims
that his/her rights have been violated by the administrative act or its refusal or omission.
Section 43(1) The establishment of the existence or non-existence of a legal relationship or of thenullity of an administrative act may be requested by means of an action if the plaintiff has ajustified interest in the establishment being made soon (action for a declaratory judgment).
(2) The establishment cannot be requested insofar as the plaintiff may pursue or could havepursued his/her rights by reformatory action or application for an injunction. This shall not

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apply if the establishment of the nullity of an administrative act is requested.
Section 44
Several requests pursued by court action may be pursued by the plaintiff together in one
action if they address the same defendant, they are in one context and the same court has
jurisdiction for them.
Section 44a
Appeals against procedural acts by authorities may only be asserted at the same time asappeals which are admissible against the factual decision. This shall not apply if official
procedural acts may be executed or are handed down against a party which is not involved.
Section 45
The administrative court shall adjudicate at first instance on all disputes for which recourse to
the administrative courts is available.
Section 46
The Higher Administrative Court shall adjudicate on the rights of1.

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

2.

complaint against other decisions of the administrative court, and3.

(repealed).
Section 47(1) The Higher Administrative Court shall adjudicate on application within the bounds of its
jurisdiction on the validity of1.
by-laws issued under the provisions of the Federal Building Code(Baugesetzbuch) and of statutory orders issued on the basis of section 246, subsection 2,of the Federal Building Code,2.
other legal provisions ranking below the statutes of a Land, to the extent that
this is provided in Land law.
(2) Applications may be made by any natural person or body corporate claiming to havebeen aggrieved by the legal provision or its application, or that he/she will be aggrieved
within the foreseeable future, or by any public authority within one year of announcement of
the legal provision. It shall be directed against the corporation, institution or foundation whichissued the legal provision. The Higher Administrative Court may grant to the Land and otherbodies corporate under public law whose competence is touched by the legal provision an
opportunity to be heard on the matter within a specified period of time. Section 65,
subsections 1 and 4, and section 66 shall apply mutatis mutandis.
(2a) The application by a natural person or body corporate relating to a land-use plan or to
statutes in accordance with section 34, subsection 4, first sentence, Nos. 2 and 3 orsection 35, subsection 6, of the Federal Building Code shall be inadmissible if the person
lodging the application has only made objections which he/she did not make when publicly
available for inspection (section 3, subsection 2, of the Federal Building Code) or in the
consultation of the interested public (section 13, subsection 2, No. 2 and section 13a,subsection 2, No. 1 of the Federal Building Code) or made late, but could have made, and if
notice has been drawn to this legal consequence in the consultation.
(3) The Higher Administrative Court shall not examine the compatibility of a legal provision
with Land law where it is provided in law that the legal provision is subject to review

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exclusively by the constitutional court of a Land.
(4) Where proceedings to review the validity of a legal provision are pending at aconstitutional court, the Higher Administrative Court may order the suspension of theproceedings until such time as the case has been concluded by the constitutional court.
(5) The Higher Administrative Court shall adjudicate by handing down a judgment or, if it
does not consider oral proceedings to be necessary, shall hand down an order. Should theHigher Administrative Court come to the conclusion that the legal provision is invalid, it shalldeclare it to be null and void; in this case, the ruling shall be generally binding, and the
respondent shall be required to publish the ruling in exactly the same manner as the legal
provision would be required to be made public. Section 183 shall apply mutatis mutandis inrespect of the effect of the decision.
(6) On application the court may issue a temporary injunction where this is urgently requiredin order to avert the creation of serious disadvantages or for other compelling reasons.
Section 48(1) The Higher Administrative Court shall rule at first instance on all disputes concerning1.
the construction, operation, occupation in any other form, changes to and theclosure, safe enclosure and demolition of structures within the meaning of sections 7 and9a, subsection 3, of the Atomic Energy Act (Atomgesetz),2.
the treatment, processing and other utilisation of nuclear fuels outside plant of
the types described in section 7 of the Atomic Energy Act (section 9 of the Atomic EnergyAct) and major deviations or major changes within the meaning of section 9,
subsection 1, second sentence, of the Atomic Energy Act and the storage of nuclear fuels
outside state custody (section 6 of the Atomic Energy Act),3.
the construction and operation of, and alterations to, power stations utilising
furnaces for solid, liquid or gaseous fuels with a furnace heat output of more than 300
megawatts,
4.
plan approval procedures for the erection and operation or alteration of highvoltage overhead power cables with a nominal voltage of 110,000 volts or more, earth
and marine cables each with a nominal voltage of 110,000 volts or gas supply pipes witha diameter of more than 300 millimetres, as well as the alteration of their routing,5.
procedures for the construction and operation of, and major alterations to, fixed
structures for the incineration or thermal decomposition of waste with an annual
throughput (effective capacity) in excess of 100,000 tonnes, and of fixed structures which
are used partly or wholly for the temporary or permanent storage of waste materials
within the meaning of section 41 of the Recycling and Waste Act (Kreislaufwirtschaftsund Abfallgesetz),
6.
the construction, extension or alteration and the operation of commercial
airports and of airfields with reduced restrictions on construction in the surrounding area,
7.
project approval procedures for the construction or the alteration of new
sections of tram, magnetic suspension trains and public railway routes and for theconstruction or the alteration of shunting yards and container terminals,
8.
project approval procedures for the construction of, or changes to federal
highways,
9.
project approval procedures for the construction or the extension of federalwaterways.

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The first sentence shall also apply to disputes arising out of permissions which are issued inplace of project approval, as well as to disputes regarding all and any approvals andpermissions required for the project, including those concerning ancillary facilities which areeither spatially or operationally linked to the project. The Länder may provide by law that theHigher Administrative Court shall adjudicate at first instance on disputes concerning putting
into possession in cases described in the first sentence.
(2) The Higher Administrative Court shall adjudicate additionally at first instance on actions
brought against prohibitions of association issued by a supreme Land authority under
section 3, subsection 2, No. 1 of the Associations Act (Vereinsgesetz) and on
directions issued under section 8, subsection 2, of the Associations Act.
(3) (repealed)
Section 49
The Federal Administrative Court shall rule on1.
appeals on points of law against judgments of the Higher Administrative Court
under section 132,
2.
appeals on points of law against judgments of administrative courts under
sections 134 and 135,
3.
complaints under section 99, subsection 2, and section 133, subsection 1, of
this Act, and under section 17a, subsection 4, fourth sentence, of the Courts Constitution
Act.
Section 50(1) The Federal Administrative Court shall rule at first and last instance on
1.
public law disputes which are not of a constitutional nature between theFederation and the Länder and between individual Länder,
2.
actions brought against prohibitions of associations made by the Federal
Minister of the Interior under section 3, subsection 2, No. 2 of the Associations Act anddirections issued under section 8, subsection 2, first sentence, of the Associations Act,
3.
regarding disputes against expulsion orders in accordance with section 58a of
the Residence Act (Aufenthaltsgesetz) and their implementation,
4.
actions arising from dossiers within the ambit of the Federal Intelligence
Service,5.
on actions against measures and decisions in accordance with section 44a of
the Members of the Bundestag Act (Abgeordnetengesetz) and the rules of conduct for
Members of the German Bundestag,6.
with regard to all and any disputes related to project approval procedures andplan approval procedures for projects designated in the General Rail Act (Allgemeines
Eisenbahngesetz), the Federal Highways Act (Bundesfernstraßengesetz), the Federal
Waterways Act (Bundeswasserstraßengesetz), the Transmission Line Extension Act(Energieleitungsausbaugesetz) or the Magnetic Suspension Train Planning Act(Magnetschwebebahnplanungsgesetz).
(2) (repealed)(3) Where the Federal Administrative Court finds a dispute heard under subsection 1 No. 1
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adjudication.
Section 51(1) In cases where the prohibition of an entire association has been ordered under section 5,
subsection 2, of the Associations Act rather than prohibition of only one part of theassociation, any proceeding on an action brought by this part of the association against its
prohibition shall be suspended until such time as a decision has been made on an action
brought against prohibition of the entire association.
(2) A ruling handed down by the Federal Administrative Court shall be binding upon theHigher Administrative Courts in those cases described in subsection 1.
(3) The Federal Administrative Court shall inform the Higher Administrative Courts of any
action brought by an association under section 50, subsection 1, No. 2.
Section 52
The following shall apply to territorial jurisdiction:
1.
In disputes regarding immovable property or a local entitlement or legal
relationship, territorial jurisdiction shall lie solely with the administrative court within
whose district the assets or the site are located or the local entitlement applies.
2.
In the case of a rescissory action brought against an administrative act issued
by a federal authority or a federally incorporated body, institution or foundation underpublic law, territorial jurisdiction shall lie with the administrative court within whose district
the seat of the federal authority, corporation, institution or foundation is located, subject toNos. 1 and 4. This shall apply equally in the case of actions for mandatory injunction ofan administrative act in those cases covered by the first sentence. In disputes under the
Asylum Procedure Act (Asylverfahrensgesetz), however, territorial jurisdiction shall lie
with the administrative court within whose district the foreigner is obliged to reside underthe Asylum Procedure Act; where territorial jurisdiction cannot be established by thiscriterion, it shall be determined in accordance with No. 3. Territorial jurisdiction for actions
brought against the Federation in territories falling under the jurisdiction of the Federal
Republic of Germany’s diplomatic and consular representations shall lie with theadministrative court whose district contains the seat of the Federal Government.
3.
In the case of all other rescissory actions, the territorial jurisdiction subject toNos. 1 and 4 shall lie with the administrative court within whose district the administrativeact was issued. Where this act was issued by a public authority whose sphere ofcompetence extends over the judicial districts of a number of administrative courts, or bya joint public authority acting on behalf of several or all of the Länder, jurisdiction shall lie
with the administrative court within whose district the aggrieved party has its seat or placeof residence. In the absence of either of the latter within the province of the publicauthority, jurisdiction shall be determined in accordance with No. 5. In the case ofrescissory actions brought against administrative acts issued by an office for university
admissions commissioned by the Länder, however, territorial jurisdiction shall lie with theadministrative court within whose district this office has its seat. This shall also apply inrespect of actions for a mandatory injunction in those cases described in the first, secondand fourth sentences.
4.
For all actions arising out of continuing or previous terms of employment as acivil servant, as a judge or during compulsory or voluntary military service or civilian
service (replacing military service), and for disputes concerning the origin of such termsof employment, territorial jurisdiction shall lie with the administrative court within whose
district the plaintiff or respondent has his/her place of residence for purposes of
employment, or, failing that, his place of residence. Should the plaintiff or respondent

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within the province of the authority which issued the original administrative act, territorial
jurisdiction shall lie with the administrative court within whose district this public authority
has its seat. The first and second sentences shall apply mutatis mutandis to actions
brought under section 79 of the Act on the Regulation of Legal Relationships of Persons
Falling under Article 131 of the Basic Law (Gesetz zur Regelung der Rechtsverhältnisse
der unter Artikel 131 des Grundgesetzes fallenden Personen).
5.
In all other cases, territorial jurisdiction shall lie with the administrative court
within whose district the defendant has its seat, his/her place of residence, or failing thishis/her place of abode, or previously had his/her place of residence or place of abode.
Section 53(1) The competent court within the jurisdiction of the administrative courts shall be
determined by the next highest court
1.
if, in a particular case, the court which would normally have jurisdiction isprevented for reasons either of law or of fact from exercising its jurisdiction,2.
where there is uncertainty with regard to the boundaries of various judicial
districts as to which court has jurisdiction to hear the dispute,3.
where the place of jurisdiction is determined in accordance with section 52 anda number of courts are to be considered,
4.
where a number of courts have finally and conclusively declared themselves tohave jurisdiction,
5.
where a number of courts, one of which has jurisdiction to hear the dispute,
have finally and conclusively declared themselves not to have jurisdiction.
(2) Where territorial jurisdiction cannot be settled under Section 52, the court with jurisdiction
shall be determined by the Federal Administrative Court.
(3) Every party in a legal dispute, and every court involved in the dispute, may appeal to thenext highest instance or to the Federal Administrative Court. The court to which appeal has
been made may rule without an oral hearing.
Part II
Procedure
7th Chapter
General procedural provisions
Section 54(1) Sections 41 to 49 of the Code of Civil Procedure (Zivilprozeßordnung) shall apply mutatis
mutandis to the exclusion and rejection of court officials.
(2) Anyone shall also be excluded from exercising the office of judge or honorary judge who wasinvolved in the previous administrative proceedings.
(3) Concern about partiality in accordance with section 42 of the Code of Civil Procedure shall always
be well-founded if the judge or honorary judge belongs to the representation of a body whose interests
are affected by the proceedings.

Section 55
Sections 169, 171a to 198 of the Courts Constitution Act regarding publicity, court officers,
language of the court, deliberations and voting shall apply mutatis mutandis.

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Section 55a(1) Those concerned may convey electronic documents to the court insofar as this has been
permitted for the respective jurisdiction by legal ordinance of the Federal Government or of
the Land Governments. The legal ordinance shall determine the time from when documents
may be conveyed to a court in electronic form, as well as the nature in which electronic
documents are to be submitted. A qualified electronic signature in accordance with section 2
No. 3 of the Signature Act (Signaturgesetz) shall be prescribed for documents which areequivalent to a document to be signed in writing. In addition to the qualified electronic
signature, another secure procedure may also be permitted which safeguards theauthenticity and the integrity of the electronic document conveyed. The Land Governments
may transfer the empowerment to the supreme Land authorities responsible foradministrative jurisdiction. Permission of electronic conveyance may be restricted toindividual courts or sets of proceedings. The legal ordinance of the Federal Government
shall not require the consent of the Bundesrat.
(2) An electronic document shall be deemed to have been received by the court if it has
been conveyed in the manner determined by the legal ordinance in accordance withsubsection 1, first and second sentences, and if the facility designated for reception has
recorded it. The provisions of this Act regarding the enclosure of duplicates for the otherpersons concerned shall not apply. If the document does not meet the requirements, thisshall be notified to the sender without delay, stating the technical conditions applicable to thecourt.
(3) Insofar as hand signing by the judge or the clerk of the registry is prescribed, this formshall be satisfied by recording as an electronic document if the responsible persons add theirname at the end of the document and affix to the document a qualified electronic signature inaccordance with section 2 No. 3 of the Signature Act.
Section 55b(1) The procedural files may be kept in electronic form. The Federal Government and theLand Governments shall determine in each case for their remit by legal ordinance the timefrom when the procedural files are kept in electronic form. The legal ordinance shall establish
the organisational and technical conditions for the creation, maintenance and storage of theelectronic files. The Land Governments may transfer empowerment to the supreme Landauthorities responsible for administrative jurisdiction. The admission of the electronic file canbe restricted to individual courts or sets of proceedings. The legal ordinance of the Federal
Government shall not require the approval of the Bundesrat.
(2) Documents which do not comply with the form in which the file is kept shall be converted
to the corresponding form and included in the file in this form unless the legal ordinance inaccordance with subsection 1 provides otherwise.
(3) The original documents shall be retained at least until the final conclusion of theproceedings.
(4) If a document that has been submitted in paper form has been converted into anelectronic document, this must contain a note as to when and by whom the conversion was
carried out. If an electronic document has been converted into paper form, the printout must
contain a note as to the result yielded by the integrity check of the document, the individual
who is identified by the signature check as the owner of the signature and the time thesignature check shows for affixing the signature.
(5) Documents which have been drafted in accordance with subsection 2 shall be taken as abasis of the proceedings unless grounds exist to doubt their concurrence with the submitted
document.

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Section 56(1) Orders and rulings by which a deadline period is initiated, as well as deadlines andsubpoenas, shall be served, in case of a pronouncement however only if it is explicitly
prescribed.
(2) Service shall be carried out ex officio in accordance with the provisions of the Code ofCivil Procedure.
(3) Whoever does not live in Germany shall, on demand, appoint a proxy-holder for service.
Section 56a(1) If identical announcements are required to be served to more than fifty individuals, thecourt may order for the further procedure announcement by public notification. The ordermust determine in which daily newspapers the announcements are to be published; here,
daily newspapers shall be provided for which are disseminated in the area in which thedecision is likely to impact. The order shall be served on those concerned. Those concerned
shall be notified by what means the further announcements will be made and when the
document is deemed to have been served. The order shall not be contestable. The court
may rescind the order at any time; it must rescind it if the preconditions of the first sentence
did not apply or no longer apply.
(2) The public announcement shall be effected by affixing on the court’s notice board, or by
posting in an electronic information system which is publicly accessible in the court, and by
publication in the electronic Federal Gazette, as well as in the daily newspapers designatedin the order in accordance with subsection 1, second sentence. It may additionally beeffected in an information and communication system designated by the court forannouncements. With regard to rulings, the public announcement of the ruling and theinformation about the appeal shall be sufficient. Instead of the document to be announced,
an announcement may be made public stating where the document may be inspected. A
deadline or subpoena must be publicly announced in its full wording.
(3) The document shall be considered to have been served on the day on which two weeks
have passed since the day of publication in the Federal Gazette; this shall be indicated ineach publication. After the public announcement of a ruling, those concerned may request a
copy in writing; this shall also be indicated in the publication.
Section 57(1) Unless otherwise determined, a deadline period shall be initiated on service or, if this is
not prescribed, on publication or pronouncement.
(2) The provisions contained in sections 222, 224 subsections 2 and 3, sections 225 and 226
the Code of Civil Procedure shall apply to the periods.
Section 58(1) The deadline period for an appeal or another legal remedy shall only be initiated if theparty concerned has been informed in writing or in electronic form of the appeal, theadministrative authority or the court at which the appeal is to be lodged, the seat and thedeadline to be adhered to.
(2) If the information has not been provided or has been incorrectly provided, the lodging of
the appeal shall only be permissible within one year of service, publication or
pronouncement, unless submission was impossible prior to expiry of the year’s deadline
period as a result of force majeure, or a written or electronic notification took place that an
appeal was not possible. Section 60, subsection 2, shall apply mutatis mutandis to the caseof force majeure.

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Section 59
If a federal authority issues a written or electronic administrative act which is subject tochallenge, a declaration shall be enclosed by means of which the party concerned isinformed of the appeal that is admissible against the administrative act, of the agency atwhich the appeal is to be submitted, and of the deadline.
Section 60(1) If someone was unable to adhere to a statutory deadline without fault, he/she shall be
granted restitutio in integrum on request.
(2) The application shall be filed within two weeks of the cessation of the obstacle; if thedeadline for the period granted to provide reasoning for the appeal on points of fact and law,of the application to admit the appeal on points of fact and law, the appeal on points of law,the complaint against non-admission or the complaint is missed, the deadline period shall be
one month. The facts for reasoning of the application shall be credibly demonstrated in filingthe application or in the proceedings on the application. The omitted legal act shall be
subsequently performed within the application deadline. If this has taken place, restitution
may also be granted without an application.
(3) After one year since the end of the missed deadline, the application shall be inadmissible
unless the application was impossible prior to expiry of the year’s deadline as a result offorce majeure.
(4) The court which has to rule on the omitted legal act shall rule on restitution.
(5) Restitution shall be incontestable.
Section 61
The following shall be able to take part in the proceedings
1.

natural persons and bodies corporate,2.

associations insofar as they can be entitled to a right,

3.

authorities insofar as the Land law thus provides.
Section 62(1) The following shall be able to effect procedural acts
1.

parties who are capable of contracting in accordance with civil law,2.
parties who are restricted in their legal competence in accordance with civil law
insofar as they are recognised by provisions of civil or public law as being capable ofcontracting for the subject-matter of the proceedings.
(2) If an reservation of consent in accordance with section 1903 of the Civil Code relates tothe subject-matter of the proceedings, a person placed under care who is capable ofcontracting shall only be able to carry out procedural acts insofar as, in accordance with theprovisions of civil law, he/she may act without the consent of the custodian or is recognised
by provisions of public law as having capacity to act.
(3) For associations, as well as for authorities, their legal representatives and boards shallact.
(4) Sections 53 to 58 the Code of Civil Procedure shall apply mutatis mutandis.
Section 63

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The following shall be concerned by the proceedings1.

the plaintiff,2.

the defendant,3.

the subpoenaed party (section 65), and4.
the Representative of the Interests of the Federation at the Federal
Administrative Court or the representative of the public interest, if he/she avails
him/herself of his/her empowerment to participate.
Section 64
The provisions of sections 59 to 63 the Code of Civil Procedure on the joinder of parties shallapply mutatis mutandis.
Section 65(1) As long as the proceedings have not yet been finally concluded or are pending at ahigher instance, the court may subpoena others ex officio or on request whose legal
interests are affected by the ruling.
(2) If third parties are involved in the contentious legal relationship such that the ruling canalso only be imposed on them uniformly, they shall be subpoenaed (necessary subpoena).
(3) If the subpoena of more than fifty persons is considered in accordance with subsection 2,
the court may order by issuing an order that only those persons are subpoenaed who soapply within a certain period. The order shall be incontestable. It shall be announced in theelectronic Federal Gazette. It must furthermore be published in daily newspapers which are
disseminated in the area in which the ruling is likely to exert an impact. The announcement
may additionally take place in an information and communication system designated by the
court for announcements. The deadline period must be at least three months frompublication in the electronic Federal Gazette. The publication in daily newspapers shall stateon which date the deadline expires. Section 60 shall apply mutatis mutandis to restitutio in
integrum in the event of the deadline being missed. The court should subpoena persons who
are recognisably particularly affected by the ruling, also without request.
(4) The subpoena order shall be served on all concerned. The state of the matter and thereason for the subpoena should be stated here. The subpoena shall be incontestable.
Section 66
The subpoenaed party may independently assert means of attack and defence andimplement all procedural acts effectively within the requests of a person concerned. He/she
may only lodge derogating factual motions if a necessary subpoena exists.
Section 67(1) Those concerned may themselves pursue the dispute before the administrative court.
(2) Those concerned may seek representation as a proxy-holder by an attorney or a law
teacher at a state or state-recognised institution of higher education of a Member State of
the European Union, of another Contracting Party to the Agreement on the European
Economic Area or Switzerland who has qualification for judicial office. Over and above this,
only the following shall be empowered to represent the person concerned as a proxy-holder
before the administrative court
1.
employees of the person concerned or of an enterprise affiliated therewith(section 15 of the Companies Act [Aktiengesetz]); authorities and bodies corporate under

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.depublic law, including the associations formed by them to fulfil their public tasks, can also
be represented by employees of other authorities or bodies corporate under public law,
including the combinations formed by them to implement their public tasks,
2.
adult family members (section 15 of the Tax Code [Abgabenordnung] andsection 11 of the Civil Partnerships Act [Lebenspartnerschaftsgesetz]), persons withqualification for judicial office and joint litigants if the representation is not connected to a
for-a-fee activity,
3.
tax advisers, tax consultants, chartered accountants and sworn public
accountants, persons and associations within the meaning of section 3a of the Tax
Advice Act (Steuerberatungsgesetz), as well as enterprises within the meaning ofsection 3 Nos. 2 and 3 of the Tax Advice Act acting through persons within the meaningof section 3 No. 1 of the Tax Advice Act, in fiscal matters,
4.

agricultural professional associations for their members,

5.
trade unions and associations of employers, as well as combinations of such
associations for their members or for other associations or combinations with comparable
orientations and their members,
6.
associations whose tasks according to their statutes largely comprise the joint
representation of interests, advice and representation of the beneficiaries in accordancewith the law on social compensation or persons with disabilities and which, taking
account of the nature and extent of their activities, as well as of their group of members
offer an assurance of proper procedural representation for their members in mattersrelated to care for the victims of war and of the law on persons with serious disabilities, aswell as the matters related thereto,7.
bodies corporate all of whose shares are in the economic ownership of one ofthe organisations designated in Nos. 5 and 6 if the body corporate implements
exclusively legal advice and court representation of this organisation and of its members
or of other associations or combinations with a comparable orientation and their membersin accordance with their statutes, and if the organisation is liable for the activity of theproxies.
Proxies who are not natural persons shall act through their organs and representatives
empowered to represent in proceedings.
(3) The court shall reject proxies who are not empowered to represent in accordance withsubsection 2 by incontestable order. Procedural acts by a proxy-holder not empowered torepresent and services on or communications to this proxy-holder shall be effective until thelatter is rejected. The court may prohibit the proxy-holder designated in subsection 2, second
sentence, Nos. 1 and 2 by a non-contestable order to effect the further representation if
he/she is unable to properly present the facts and the dispute.
(4) Those concerned must be represented before the Federal Administrative Court and theHigher Administrative Court by an authorised legal representative, apart from in legal aid
proceedings. This shall also apply to procedural acts by means of which proceedings are
initiated before the Federal Administrative Court or a Higher Administrative Court. Only the
persons designated in subsection 2, first sentence, shall be admitted as proxies. Authorities
and bodies corporate under public law, including the combinations formed to carry out their
public tasks, may be represented by own employees with qualification for judicial office or by
employees with qualification for judicial office of other authorities or bodies corporate underpublic law, including the combinations formed to carry out their public tasks. The
organisations designated in subsection 2, second sentence, No. 5, including the bodies
corporate formed by them in accordance with subsection 2, second sentence, No. 7, shall

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.dealso be admitted as proxies before the Federal Administrative Court, but only in mattersrelating to the legal circumstances within the meaning of section 52 No. 4, in staff
representation matters and in matters which are related to a current or prior employment
relationship of employees within the meaning of section 5 of the Labour Court Act(Arbeitsgerichtsgesetz), including examination matters. The proxies designated in the fifth
sentence must act through persons with qualification for judicial office. The persons andorganisations designated in subsection 2, second sentence, Nos. 3 to 7 shall also be
admitted as proxies before the Higher Administrative Court. A person concerned who isentitled to represent in accordance with the third, fifth and seventh sentences may represent
him/herself.
(5) Judges may not act as proxies before the court to which they belong. Other than in cases
falling under subsection 2, second sentence, No. 1, honorary judges may not appear before
a panel of judges to which they belong. Subsection 3, first and second sentences, shall apply
mutatis mutandis.
(6) The proxy shall be submitted in writing for the record on the court records. It can besubmitted subsequently; the court may set a deadline for this. The lack of a proxy may beasserted at any stage of the proceedings. The court shall take account of the lack of a proxyex officio unless an attorney acts as proxy-holder. If a proxy-holder has been appointed,
service of documents or communications of the court shall be addressed to him/her.
(7) Those concerned may appear in the hearing with counsel. Counsel can be who inproceedings in which those concerned may carry on the dispute themselves is empowered
to represent as a proxy-holder in the hearing. The court may admit other persons as counsel
if this is expedient and a need exists therefor in accordance with the circumstances of theindividual case. Subsection 3, first and third sentences, and subsection 5, shall apply mutatis
mutandis. What is submitted by counsel shall be deemed to have been submitted by thoseconcerned unless it is immediately revoked or corrected by the latter.
Section 67a(1) If more than twenty persons are involved in a dispute in the same interest without being
represented by an authorised legal representative, the court may instruct them by means ofan order to appoint a joint proxy-holder within a suitable period if the proper processing of
the dispute would otherwise be impaired. If those concerned do not appoint a joint proxyholder within the deadline set for them, the court may appoint an attorney as a joint
representative by order. Those concerned may carry out procedural acts only via the joint
proxy-holder or deputy. Orders in accordance with the first and second sentences shall not
be contestable.
(2) The power of attorney shall expire as soon as the deputy or the represented party
declares such to the court in writing or for the record before the clerk of the registry; thedeputy may only submit the declaration with regard to all represented parties. If therepresented party submits such a declaration, the power of attorney shall only expire if theappointment of another proxy-holder is notified at the same time.
8th Chapter
Special provisions for rescissory and enforcement actions
Section 68(1) Prior to lodging a rescissory action, the lawfulness and expedience of the administrative
act shall be reviewed in preliminary proceedings. Such a review shall not be required if astatute so determines, or if
1.
the administrative act has been handed down by a supreme federal authority or
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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de2.
the remedial notice or the ruling on an objection contains a grievance for the
first time.
(2) Subsection 1 shall apply mutatis mutandis to the enforcement action if the motion to carryout the administrative act has been rejected.
Section 69
The preliminary shall proceedings begin on the lodging of the objection.
Section 70(1) The objection shall be lodged in writing within one month after the administrative act has
been announced to the aggrieved party, in writing or for the record of the authority which has
carried out the administrative act. The deadline shall also be deemed to have been adhered
to by virtue of its being lodged with the authority which has to issue the ruling on an
objection.
(2) Sections 58 and 60, subsections 1 to 4, shall apply mutatis mutandis.
Section 71
Hearing
If the rescission or amendment of an administrative act is linked in the objection proceedings
with a grievance for the first time, the person concerned should be heard prior to issuing theremedial notice or the ruling on an objection.
Section 72
If the authority considers the objection to be well-founded, it shall remedy it and rule on thecosts.
Section 73(1) If the authority does not remedy the objection, a ruling on the objection shall be handed
down. This shall be issued by1.

the next higher authority unless another higher authority is determined by law,2.
if the next higher authority is a federal or supreme Land authority, the authority
which has issued the administrative act,3.
in self-administration matters the self-administration authority unless otherwise
determined by law.
Derogating from the second sentence, No. 1, it can be determined by law that the authority
which has issued the administrative act is also competent for the decision on the objection.
(2) Provisions in accordance with which commissions or advisory boards replace anauthority in the preliminary proceedings of subsection 1 shall remain unaffected. In
derogation from subsection 1 No. 1, the commissions or advisory boards may also be
formed in the authority which has issued the administrative act.
(3) The ruling on an objection shall be reasoned, supplemented with a notice on appeals andserved. Service shall be effected ex officio in accordance with the provisions of the
Administration Service Act (Verwaltungszustellungsgesetz). The ruling on the objection shallalso determine who is to pay the costs.
Section 74(1) The rescissory action must be lodged within one month of service of the ruling on the

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.deobjection. If in accordance with section 68 a ruling on an objection is not required, the action
must be lodged within one month of announcement of the administrative act.
(2) Subsection 1 shall apply mutatis mutandis to the enforcement action if the application tocarry out the administrative act has been rejected.
Section 75
If with regard to an objection or an application to carry out an administrative act it has notbeen decided on the merits within a suitable period without sufficient reason, the action shallbe admissible in derogation from section 68. The action may not be lodged prior to the expiryof three months after the lodging of the objection or since the filing of the application to carryout the administrative act, unless a shorter period is required because of special
circumstances of the case. If an adequate reason applies why the objection has not yet been
ruled on or the requested administrative act has not yet been carried out, the court shallsuspend the proceedings until expiry of a deadline set by it, which can be extended. If theobjection is admitted within the deadline set by the court or the administrative act carried out
within this deadline, the main case shall be declared to have been settled.
Section 76(repealed)
Section 77(1) All provisions of federal law in other statutes regarding objection or complaint
proceedings shall be substituted by the provisions of the present chapter.
(2) The same shall apply to provisions of Land law regarding objection or complaint
proceedings as a precondition for an action to the administrative courts.
Section 78(1) The action shall be addressed1.
against the Federation, the Land or the body whose authority has issued the
impugned administrative act or omitted the requested administrative act; designating theauthority shall be sufficient to state the defendant,
2.
insofar as Land law so determines, against the authority itself which has issued
the impugned administrative act or omitted the requested administrative act.
(2) If a ruling has been handed down on an objection which contains a grievance for the firsttime (section 68, subsection 1, second sentence, No. 2), the authority within the meaning ofsubsection 1 shall be the objection authority.
Section 79(1) The subject-matter of the rescissory action shall be1.
the original administrative act in the shape it has assumed through the ruling on
an objection,2.
the notice on a remedy or ruling on an objection if this contains a grievance forthe first time.
(2) The ruling on an objection can also be the sole subject-matter of the rescissory action if
and insofar as it contains an additional separate grievance vis-à-vis the originaladministrative act. An additional grievance shall also be deemed to be constituted by theviolation of a major procedural provision insofar as the ruling on an objection is based on thisviolation. Section 78, subsection 2, shall apply mutatis mutandis.

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Section 80(1) An objection and a rescissory action shall have suspensive effect. This shall also apply toconstitutive and declaratory administrative acts, as well as to administrative acts with adouble effect (section 80a).
(2) The suspensive effect shall only fail to apply1.

if public charges and costs are called for,2.

with non-postponable orders and measures by police enforcement officers,3.
in other cases prescribed by a federal statute or for Land law by Land statute, inparticular for objections and actions on the part of third parties against administrative acts
relating to investments or job creation,
4.
in cases in which immediate execution is separately ordered by the authority
which has issued the administrative act or has to decide on the objection in the public
interest or in the overriding interest of a party concerned.
The Länder may also determine that appeals do not have a suspensive effect insofar as they
address measures taken in administrative execution by the Länder in accordance withfederal law.
(3) In cases falling under subsection 2 No. 4, the special interest in immediate execution of
the administrative act shall be reasoned in writing. No special reasoning shall be required if
the authority takes an emergency measure designated as such in the public interest where adelay is likely to jeopardise the success, in particular with impending disadvantages for life,
health or property as a precautionary measure.
(4) The authority which has issued the administrative act or which has to decide on theobjection may suspend execution in cases falling under subsection 2 unless otherwise
provided by federal law. Where public charges and costs are called for, it may also suspend
execution for a security. Suspension should take place with public charges and costs if
serious doubts exist with regard to the lawfulness of the impugned administrative act or if
implementation would lead to unreasonable hardship for the party obliged to pay the charges
or costs not required by overriding public interests.
(5) On request, the court dealing with the main case may completely or partly order thesuspensive effect in cases falling under subsection 2 Nos. 1 to 3, and may restitute itcompletely or partly in cases falling under subsection 2 No. 4. The request shall already be
admissible prior to filing of the rescissory action. If the administrative act has already been
implemented at the time of the decision, the court may order the rescission of
implementation. The restitution of the suspensive effect may be made dependent on theprovision of a security or on other instructions. It may also be time-limited.
(6) In cases falling under subsection 2 No. 1, the request in accordance with subsection 5
shall only be admissible if the authority has completely or partly rejected a request tosuspend implementation. This shall not apply if
1.
the authority has not decided de facto on the request within a reasonable period
without stating an adequate reason, or
2.

execution is impending.

(7) The court dealing with the main case may amend or rescind orders regarding requests inaccordance with subsection 5 at any time. Each party concerned may request an
amendment or rescission because of altered circumstances or because of circumstances notasserted in the original proceedings without fault.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(8) The presiding judge may decide in urgent cases.
Section 80a(1) If a third party submits an appeal against the administrative act addressing another andfavouring the latter, the authority may
1.
on request by the beneficiary, order immediate implementation in accordancewith section 80, subsection 2, No. 4,
2.
on request by the third party, in accordance with section 80, subsection 4,
suspend implementation and take interim measures to secure the rights of the third party.
(2) If a party concerned submits an appeal against an administrative act which poses aburden on it in favours of a third party, the authority may order immediate execution onrequest by the third party in accordance with section 80, subsection 2, No. 4.
(3) The court may, on request, alter or rescind measures in accordance with subsections 1
and 2 or take such measures. Section 80, subsections 5 to 8, shall apply mutatis mutandis.
Section 80b(1) The suspensive effect of the objection and of the rescissory action shall end on noncontestability or, if the rescissory action has been rejected at first instance, three months
after expiry of the statutory deadline for reasoning of the appeal available against thenegative decision. This shall also apply if execution by the authority has been suspended or
the suspensive effect has been reinstated or ordered by the court, unless the authority hassuspended execution until it becomes incontestable.
(2) The Higher Administrative Court may order on request that the suspensive effectcontinues.
(3) Section 80, subsections 5 to 8, and section 80a shall apply mutatis mutandis.
9th Chapter
Proceedings at first instance
Section 81(1) The action shall be lodged with the court in writing. It may also be lodged at theadministrative court for the record of the clerk of the registry.
(2) Duplicates for the other parties concerned should be enclosed with the action and all written
statements on proviso of section 55a, subsection 2, second sentence.

Section 82(1) The action must designate the plaintiff, the defendant and the subject-matter of what is atstake in the action. It should contain a specific motion. The facts and evidence serving as
reasoning should be stated; the original or a duplicate of the impugned order and the rulingon an objection should be enclosed.
(2) If the action does not meet these requirements, the presiding judge or the competentprofessional judge (reporting judge) in accordance with section 21g of the Courts
Constitution Act shall call on the plaintiff to provide the required supplement within a specificperiod. He/she may set a deadline to the plaintiff for the supplement with exclusive effect if
one of the requirements named in subsection 1, first sentence, is not met. Section 60 shallapply mutatis mutandis to restitutio in integrum.
Section 83

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Sections 17 to 17b of the Courts Constitution Act shall apply mutatis mutandis to factual andterritorial jurisdiction. Orders in accordance with section 17a, subsections 2 and 3, of the
Courts Constitution Act shall not be contestable.
Section 84(1) The court may rule by means of a summary decision without an oral hearing if the casedoes not show any particular factual or legal difficulties and the facts have been clarified.
Those concerned shall be heard in advance. The provisions regarding judgments shall apply
mutatis mutandis.
(2) Within one month of service of the summary decision, those concerned may
1.
submit an appeal on points of fact and law if it has been admitted(section 124a),2.
apply for admission of the appeal on points of fact and law or an oral hearing; if
use is made of both appeals, an oral hearing shall take place,3.

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

4.
submit a complaint against non-admission or request an oral hearing if theappeal on points of law has not been admitted; if use is made of both appeals, an oral
hearing shall take place,5.

request an oral hearing if an appeal is not available.

(3) The summary decision shall have the effect of a judgment; if an oral hearing is requested
in good time, it shall be deemed not to have been issued.
(4) If an oral hearing is requested, the court may in the judgment refrain from a further
rendering of the facts and of the reasoning for the decision insofar as it concurs with thereasoning contained in the summary decision and establishes this in its decision.
Section 85
The presiding judge shall order the action to be served on the defendant. At the same time
as service, the defendant shall be called upon to make a written statement; section 81,
subsection 1, second sentence, shall apply mutatis mutandis. A deadline may be set for this.
Section 86(1) The court shall investigate the facts ex officio; those concerned shall be consulted indoing so. It shall not be bound to the submissions and to the motions for the taking ofevidence of those concerned.
(2) A motion for the taking of evidence made in the oral hearing may only be rejected by acourt order, which shall require to be reasoned.
(3) The presiding judge shall endeavour to ensure that formal errors are remedied, unclear
requests explained, proper motions made, inadequate factual information supplemented, as
well as all declarations submitted which are material to the establishment and judgment of
the facts.
(4) Those concerned should submit written statements to prepare the oral hearing. The
presiding judge can call on them to do so, setting a deadline. The written statements shall be
communicated to those concerned ex officio.
(5) The originals or duplicates of the certificates or electronic documents to which reference
is made shall be enclosed in full or in part with the written statements. If the certificates orelectronic documents are already known to the opponent or are very extensive, the precise

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.dedesignation shall be sufficient, coupled with the offer to grant inspection in the court.
Section 86a(repealed)
Section 87(1) The presiding judge or the reporting judge shall already issue all orders prior to the oral
hearing that are necessary in order to deal with the dispute where possible in one oral
hearing. He/she may in particular1.
subpoena those concerned to discuss the facts and the dispute and to reach anamicable settlement of the dispute and accept a settlement;
2.
instruct those concerned to supplement or explain their prepared written
statements, submit certificates, transmit electronic documents and submit other objects
for deposit with the court, in particular set a deadline to explain certain points that are inneed of clarification;
3.

obtain information;

4.

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

5.
order the personal appearance of those concerned; section 95 shall apply
mutatis mutandis;
6.

subpoena witnesses and experts to the oral hearing.

7.

(repealed)(2) Those concerned shall be informed of each order.
(3) The president or the reporting judge may take individual items of evidence. This may only
take place insofar as it is expedient to simplify the hearing before the court and it can bepresumed from the outset that the court is able to appreciate the result of the evidence
properly, even without obtaining a direct impression of the course of the taking of evidence.
Section 87a(1) The presiding judge shall decide if the decision is taken in the preparatory proceedings
1.

on the suspension and the stay of the proceedings;

2.
in the case of the withdrawal of the action, waiver of the asserted claim or
acknowledgement of the claim, also regarding an application for legal aid;
3.
in the case of the dispute being settled in the main case, also on an application
for legal aid;4.

regarding the value at dispute;5.

regarding costs;

6.

on the subpoena.

(2) With the consent of those concerned, the presiding judge may also rule in place of thechamber or of the senate.
(3) If a reporting judge has been appointed, he/she shall rule in place of the presiding judge.
Section 87b

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(1) The presiding judge or the reporting judge may set the plaintiff a deadline to state thefacts by whose consideration or non-consideration in the administrative procedure he/she
considers him/herself to have been aggrieved. The deadline set in accordance with the first
sentence may be combined with the deadline set in accordance with section 82,
subsection 2, second sentence.
(2) The presiding judge or the reporting judge can instruct a party concerned, setting adeadline, with regard to certain events
1.

to state facts or designate items of evidence,2.
to submit certificates or other moveables and to transmit electronic documents
insofar as the party concerned is obliged to do so.
(3) The court may reject declarations and items of evidence which are not submitted until
after expiry of a deadline set in accordance with subsections 1 and 2 and rule without any
further investigations if
1.
in the freely-formed conviction of the court its admission would delay theconclusion of the dispute, and2.

the party concerned does not provide sufficient excuses for the lateness, and3.
the party concerned has been notified of the consequences of missing thedeadline.
The excuse shall be credibly demonstrated on request by the court. The first sentence shallnot apply if it is possible with slight effort to ascertain the facts without the cooperation of theparty concerned.
Section 88
The court may not go beyond what is requested in the action, but is not bound by the versionof the motions.
Section 89(1) A counteraction can be lodged at the court of the action if the counterclaim is linked withthe claim asserted in the action or with the means of defence submitted against it. This shallnot apply if another court has jurisdiction in cases coming under section 52 No. 1 for theaction because of the counterclaim.
(2) A counteraction shall be ruled out with rescissory and enforcement actions.
Section 90(1) The matter at dispute shall become pending by the action being lodged.
(2) (repealed)(3) (repealed)
Section 91(1) An alteration to the action shall be admissible subject to the consent of the other parties
concerned or if the court considers the alteration to be expedient.
(2) The defendant shall be presumed to have consented to the alteration of the action if the
defendant, without contradicting it, has commented on the altered action in a written
statement or in an oral hearing.
(3) The ruling that an alteration to the action had not been submitted or admitted shall not be

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separately challengeable.
Section 92(1) The plaintiff may withdraw his/her action until such a time as the judgment gains legal
force. Withdrawal after making the applications in the oral hearing shall be conditional on theconsent of the defendant and, if a representative of the public interest has attended the oral
hearing, also consent of the latter. Consent shall be deemed to have been given if thewithdrawal of the action is not contradicted within two weeks since service of the written
statement containing the withdrawal; the court shall indicate this consequence.
(2) The action shall be deemed to have been withdrawn if the plaintiff does not pursue theproceedings for more than two months despite being called on by the court to do so.
Subsection 1, second and third sentences, shall apply mutatis mutandis. The plaintiff shallbe referred in the call to the legal consequences emerging from the first sentence and fromsection 155, subsection 2. The court shall find by order that the action is deemed to havebeen withdrawn.
(3) If the action has been withdrawn, or if it is deemed to have been withdrawn, the court
shall discontinue the proceedings by order and announce the legal consequences ofwithdrawal emerging from this Act. The order shall be incontestable.
Section 93
The court may, by order, join several sets of proceedings pending with it regarding the same
subject-matter to a joint hearing and decision and separate them once more. It may orderthat several claims lodged in one set of proceedings are deliberated and ruled on in separate
sets of proceedings.
Section 93a(1) If the lawfulness of an official measure is the subject-matter of more than twenty sets ofproceedings, the court may carry out one or several suitable sets of proceedings in advance(model proceedings) and suspend the other sets of proceedings. Those concerned shall beheard in advance. The order shall be incontestable.
(2) If a final ruling has been handed down with regard to the proceedings that have been
carried out, the court may after hearing those concerned rule on the suspended proceedings
by order if it holds unanimously that the cases do not have any major particularities of afactual or legal nature in comparison with other finally-ruled-on model proceedings and facts
have been clarified. The court may introduce evidence in model proceedings that has beentaken; it may at its discretion order the repeated questioning of a witness or a new expert
report by the same or different expert witnesses. The court may refuse motions for the takingof evidence on facts on which evidence has already been taken in the model proceedings if
its admission in its free conviction would not contribute to proof of new facts that are material
to the ruling and would delay the settling of the dispute. Rejection may take place in theruling in accordance with the first sentence. Those concerned shall have recourse to theappeal against the order in accordance with the first sentence that would be permissible if
the court had ruled by judgment. Those concerned shall be notified of this appeal.
Section 94
If the ruling on the dispute depends completely or partly on the existence or non-existence ofa legal relationship which forms the subject-matter of another pending dispute or is to beestablished by an administrative authority, the court may order that the hearing is to besuspended until the other dispute has been settled, or until the decision by the administrative
authority.

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Section 95(1) The court may order a party concerned to attend in person. In the event of nonattendance, it may threaten an administrative fine just as against a witness who did notappear at the questioning hearing. In the event of culpable non-attendance, the court shallestablish the threatened administrative fine by order. Threat and establishment of theadministrative fine may be repeated.
(2) If the party concerned is a body corporate or an association, the administrative fine shallbe threatened on the party entitled to represent in accordance with the law or statutes, andimposed on him/her.
(3) The court may instruct a public-law corporation or authority concerned to second a civil
servant or employee to attend the oral hearing who is to be equipped with written proof ofpower of attorney and who is sufficiently informed of the factual and legal situation.
Section 96(1) The court shall take evidence in the oral hearing. It may in particular inspect evidence
and question witnesses, expert witnesses and those concerned, and consult certificates.
(2) In suitable cases, the court may already have evidence taken prior to the oral hearing by
one of its members acting as a commissioned judge or, by designating the individual
evidence questions, request another court to take evidence.
Section 97
Those concerned shall be informed of all evidence-taking dates and can attend the taking ofevidence. They may address expedient questions to witnesses and to expert witnesses. If aquestion is objected to, the court shall decide.
Section 98
Unless this Act contains any derogatory provisions, sections 358 to 444 and 450 to 494 theCode of Civil Procedure shall apply mutatis mutandis to the taking of evidence.
Section 99(1) Authorities shall be obliged to submit certificates or files, to transmit electronic documents
and provide information. If the knowledge of the content of these certificates, files, electronic
documents or this information would prove disadvantageous to the interests of theFederation or of a Land, or if the events must be kept strictly secret in accordance with astatute or due to their essence, the competent supreme supervisory authority may refuse thesubmission of certificates or files, the transmission of the electronic documents and theprovision of information.
(2) On request by a party concerned, the Higher Administrative Court shall find by orderwithout an oral hearing whether the refusal to submit certificates or files, to transmit theelectronic documents or to provide information is lawful. If a supreme federal authority
refuses the submission, transmission or information on grounds that the interests of theFederation would be impaired were the content of the certificates or files, of the electronic
documents and the information to become known, the Federal Administrative Court shalldecide; the same shall apply if the Federal Administrative Court has jurisdiction for the maincase in accordance with section 50. The application shall be filed with the court which has
jurisdiction for the main case. The latter shall assign the application and the main case files
to the adjudication bodies with jurisdiction in accordance with section 189. The supreme
supervisory authority shall submit the certificates or files refused in accordance withsubsection 1, second sentence on request by this panel of judges, transmit the electronic
documents or provide the refused information. It shall be subpoenaed to these proceedings.

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The proceedings shall be subject to the provisions of substantive classification of
information. If these cannot be complied with, or if the competent supervisory authority
claims that special reasons of confidentiality or classification of information oppose thesubmission of the certificates or files or the transmission of the electronic documents to thecourt, the submission or transmission shall be effected in accordance with the fifth sentenceby the certificates, files or electronic documents being made available to the court on
premises designated by the supreme supervisory authority. Section 100 shall not apply tothe files and electronic documents submitted in accordance with the fifth sentence, and to
the special reasons claimed in accordance with the eighth sentence. The members of thecourt shall be obliged to maintain confidentiality; the grounds for the decision may notprovide an indication of the nature and content of the secret certificates, files, electronic
documents and information. The regulations of the classification of information for staff shallapply to the non-judicial staff. Unless the Federal Administrative Court has ruled, the order
may be independently challenged with a complaint. The Federal Administrative Court shallrule on the complaint against the order of a Higher Administrative Court. The fourth andeleventh sentences shall apply mutatis mutandis to the complaint proceedings.
Section 100(1) Those concerned can inspect the court files and the files submitted to the court.
(2) Those concerned can have themselves issued by the registry duplicates, excerpts,
printouts and copies at their expense. At the discretion of the presiding judge, the person
holding a proxy in accordance with section 67, subsection 2, first and second sentences,
Nos. 3 to 6 may be permitted to take the file with him/her to his/her home or office premises,
afforded electronic access to the content of the files, or may receive the content of the files inelectronic form. Section 87a, subsection 3, shall apply mutatis mutandis. With electronic
access to the content of the files it shall be ensured that access only takes place by the
person holding a proxy in accordance with section 67, subsection 2, first and second
sentences, Nos. 3 to 6. For the transmission of electronic documents, the entirety of the
documents shall be equipped with a qualified electronic signature in accordance withsection 2 No. 3 of the Signature Act and safeguarded against unauthorised access.
(3) Inspection of the files in accordance with subsections 1 and 2 shall not be granted withregard to draft judgments, orders and decrees, the work related to their preparation and the
documents relating to coordination.
Section 101(1) The court shall rule on the basis of an oral hearing unless otherwise provided.
(2) The court may rule without an oral hearing with the consent of those concerned.
(3) Rulings of the court which are not judgments may be handed down without an oral
hearing unless provided otherwise.
Section 102(1) As soon as the deadline for an oral hearing has been determined, those concerned shallbe subpoenaed with a subpoena period of at least two weeks, in the Federal Administrative
Court of at least four weeks. The presiding judge may shorten the period in urgent cases.
(2) The subpoena shall indicate that if a party concerned does not attend, it is possible forthe hearing to take place and a ruling handed down without him/her.
(3) The courts of administrative jurisdiction may also hold sessions outside the seat of thecourt if this is necessary in order to conclude them in an appropriate manner.
(4) Section 227, subsection 3, first sentence, of the Code of Civil Procedure shall not apply.

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Section 103(1) The presiding judge shall open and chair the oral hearing.
(2) Once the case has been called, the presiding judge or the reporting judge shall present
the essential content of the files.
(3) In response to this, those concerned shall be afforded the opportunity to speak in order tomake and reason their applications.
Section 104(1) The presiding judge shall discuss the dispute with those concerned in factual and legal
terms.
(2) The presiding judge shall on request afford each member of the court the opportunity to
ask questions. If a question is objected to, the court shall decide.
(3) After the dispute has been discussed, the presiding judge shall declare the oral hearing
to be closed. The court may decide on reopening.
Section 105
Sections 159 to 165 of the Code of Civil Procedure shall apply mutatis mutandis to theminutes.
Section 106
In order to completely or partly deal with the legal dispute, those concerned may reach asettlement for the record of the court or of the commissioned or requested judge insofar as
they are able to dispose of the subject-matter of the settlement. A judicial settlement may
also be concluded by those concerned accepting a proposal of the court, of the presiding
judge or of the reporting judge issued in the form of an order, in writing vis-à-vis the court.
10th Chapter
Judgments and other rulings
Section 107
The action shall be ruled on by a judgment unless provided otherwise.
Section 108(1) The court shall rule in accordance with its free conviction gained from the overalloutcome of the proceedings. The judgment shall state the grounds which were decisive forthe judicial conviction.
(2) The judgment may only be based on facts and results of evidence on which thoseconcerned have been able to make a statement.
Section 109
An advance ruling may be handed down on the admissibility of the action by interim
judgment.
Section 110
If only part of the subject-matter of the dispute is ready for a ruling, the court may hand downa partial judgment.
Section 111
If with an application for an injunction a claim is contentious in terms of its reason andPage 30 of 50

Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.deamount, the court may rule in advance on the reason by means of an interim judgment. If theclaim has been declared to be well-founded, the court can order that the amount is to bedeliberated on.
Section 112
The judgment may only be made by the judges and honorary judges who have attended thehearing on which the judgment is based.
Section 113(1) Insofar as the administrative act is unlawful and the plaintiff’s rights have been violated,the court shall rescind the administrative act and any ruling on an objection. If theadministrative act has already been executed, the court may also state on request that andhow the administrative authority has to countermand execution. This statement shall only bepermissible if the authority is able to do so and this question is mature for adjudication. If theadministrative act has been settled previously by withdrawal or otherwise, the court shalldeclare on request by judgment that the administrative act was unlawful if the plaintiff has ajustified interest in this finding.
(2) If the plaintiff requests an alteration of an administrative act which establishes an amountof money or makes a declaration related thereto, the court may establish a different amountor replace the declaration by another. If the ascertainment of the amount to be established or
declared entails a not inconsiderable effort, the court may determine the alteration of theadministrative act by stating the factual or legal circumstances which were wrongly
considered or not considered such that the authority is able to calculate the amount on thebasis of the ruling. The authority shall inform the party concerned of the outcome of therecalculation promptly without requirement as to form; once the ruling has become final, theadministrative act shall be newly announced with its altered content.
(3) If the court considers a further factual investigation to be necessary, without itself
deciding on the merits, it may rescind the administrative act and the ruling on an
objection insofar as due to their nature or scope the investigations which are still required arematerial and the rescission is expedient, also considering the interests of those concerned.
On request, the court may reach an interim regulation until issuance of the newadministrative act, and may in particular determine that securities are provided or remain inforce entirely or partly and payments initially do not need to be repaid. The order may beamended or rescinded at any time. A ruling in accordance with the first sentence may only
be handed down within six months of receipt of the files of the authority by the court.
(4) If payment may be demanded in addition to the rescission of an administrative act, asentence to effect a payment shall also be permissible in the same proceedings.
(5) Insofar as the rejection or omission of the administrative act is unlawful and the plaintiff’s
rights are violated thereby, the court shall announce the obligation incumbent on theadministrative authority to effect the requested official act if the case is mature for
adjudication. Otherwise, it shall hand down the obligation to notify the plaintiff, taking thelegal view of the court into consideration.
Section 114
Insofar as the administrative authority is empowered to act in its discretion, the court shallalso examine whether the administrative act or the refusal or omission of the administrative
act is unlawful because the statutory limits of discretion have been overstepped or discretionhas been used in a manner not corresponding to the purpose of the empowerment. The
administrative authority may also supplement its discretionary considerations as to theadministrative act in the proceedings before the administrative courts.

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Section 115
Sections 113 and 114 shall apply mutatis mutandis if in accordance with section 79,
subsection 1, No. 2 and subsection 2 the ruling on an objection forms the subject-matter ofthe rescissory action.
Section 116(1) If an oral hearing has taken place, the judgment shall as a rule be pronounced in the
hearing in which the oral hearing is concluded, in special cases in a hearing to be scheduled
immediately which should not take place more than two weeks later. The judgment shall beserved on those concerned.
(2) In place of the pronouncement, the service of the judgment shall be permissible; in sucha case, the judgment shall be communicated to the registry within two weeks after the oral
hearing.
(3) If the court rules without an oral hearing, the pronouncement shall be substituted bybeing served on those concerned.
Section 117(1) The judgment shall be handed down "In the name of the people". It shall be drawn up in
writing and signed by the judges who were involved in the ruling. If a judge is prevented fromadding his/her signature, this shall be noted under the judgment with the reason why he/she
is prevented from attending by the presiding judge or, if he/she is unable to attend, by themost senior associate judge. The honorary judges shall not be required to sign.
(2) The judgment shall contain1.
the designation of those concerned, of their legal representatives and of theproxy-holders by names, occupation, place of residence and their status in theproceedings,
2.
the designation of the court and the names of the members who havecontributed towards the ruling,3.

the ruling,4.

the facts,5.

the reasoning for the ruling, and6.

the notification of appeals.

(3) The statement of facts shall contain the essential content of the state of the facts and of
the dispute in concise form, emphasising the requests made. In respect of the details,
reference should be made to written statements, minutes and other documents insofar as
the state of the facts and of the dispute emerges from them sufficiently.
(4) A judgment which on its pronouncement was not yet fully drafted shall be conveyed to
the registry in completely drafted form prior to the expiry of two weeks, calculated from theday of the pronouncement. If this cannot take place exceptionally, within these two weeks
the judgment signed by the judges shall be conveyed to the registry without facts, reasoningof the ruling and notification of appeals; the facts, reasoning of the ruling and notification of
appeals shall be set down subsequently as soon as possible, signed individually by thejudges and conveyed to the registry.
(5) The court may refrain from a further portrayal of the reasoning for the ruling insofar as it
concurs with the reasoning of the administrative act or of the ruling on an objection and thisPage 32 of 50

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is established in its ruling.
(6) The clerk of the registry shall note on the judgment the date of service, and in cases
falling under section 116, subsection 1, first sentence, the date of the pronouncement, andshall sign this note. If the files are kept in electronic form, the clerk of the registry shall record
the note in a separate document. The document shall be inseparably bound together withthe judgment.
Section 118(1) Typing errors, arithmetical errors and similar evident errors in the judgment shall becorrected by the court at any time.
(2) A decision may be taken on the correction without a prior oral hearing. The
correction order shall be noted on the judgment and on the duplicates. If the judgment isdrafted in electronic form, the order shall also be drafted in electronic form and inseparably
linked with the judgment.
Section 119(1) If the facts of the judgment contain other errors or ambiguities, the correction may berequested within two weeks of service of the judgment.
(2) The court shall rule by order without taking evidence. The order shall be incontestable. The rulingshall only be contributed to by the judges who have worked on the judgment. If a judge is unable toattend, the presiding judge shall have the casting vote. The correction order shall be noted on the
judgment and on the duplicates. If the judgment is drafted in electronic form, the order shall also be
drafted in electronic form and inseparably linked with the judgment.

Section 120(1) If a request lodged by a party concerned according to the facts or the costs consequence
has been totally or partly overlooked in the ruling, the judgment shall be supplemented bysubsequent decision on request.
(2) The ruling must be requested within two weeks of service of the judgment.
(3) The subject-matter of the oral hearing shall only be the part of the legal dispute which has
not been dealt with.
Section 121
Final judgments shall be binding insofar as a ruling has been handed down on the subjectmatter of the dispute1.

upon those concerned and their legal successors, and2.
in cases falling under section 65, subsection 3, upon those persons who did not
make a request for subpoena or did not do so in good time.
Section 122(1) Sections 88, 108, subsection 1, first sentence, as well as sections 118, 119 and 120,shall apply mutatis mutandis to orders.
(2) Orders shall be reasoned if they can be challenged by appeals or if they rule on an
appeal. Orders on the suspension of execution (sections 80 and 80a) and on interim orders(section 123), as well as orders after the legal dispute had been settled in the main case(section 161, subsection 2) shall always be reasoned. Orders ruling on an appeal shall not
require further reasoning insofar as the court rejects the appeal as ill-founded for the reasonsof the impugned ruling.

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11th Chapter
Interim order
Section 123(1) On request, the court may, even prior to the lodging of an action, make an interim orderin relation to the subject-matter of the dispute if the danger exists that the enforcement of aright of the plaintiff could be prevented or considerably impeded by means of an alteration of
the existing state. Interim orders shall also be admissible to settle an interim condition in
relation to a contentious legal relationship if this regulation appears necessary, above all withongoing legal relationships, in order to avert major disadvantages or prevent immanent force
or for other reasons.
(2) The court dealing with the main case shall have jurisdiction for the issuance of interim
orders. This shall be the court of first instance and, if the main case is pending in theproceedings for an appeal on points of fact and law, the court of appeal on points of fact andlaw. Section 80, subsection 8, shall apply mutatis mutandis.
(3) Sections 920, 921, 923, 926, 928 to 932, 938, 939, 941 and 945 the Code of Civil
Procedure shall apply mutatis mutandis to the issuance of interim orders.
(4) The court shall decide by means of an order.
(5) The provisions contained in subsections 1 to 3 shall not apply to cases falling under
sections 80 and 80a.
Part III
Appeals and resumption of the proceedings
12th Chapter
Appeal on points of fact and law
Section 124(1) Those concerned shall be entitled to an appeal on points of fact and law against final
judgments, including the partial judgments in accordance with section 110, and againstinterim judgments in accordance with sections 109 and 111, if such appeal is admitted by theadministrative court or the Higher Administrative Court.
(2) The appeal on points of fact and law shall only be admitted
1.

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

2.

if the case has special factual or legal difficulties,

3.

if the case is of fundamental significance,

4.
if the judgment derogates from a ruling of the Higher Administrative Court, ofthe Federal Administrative Court, of the Joint Panel of the supreme courts of theFederation or of the Federal Constitutional Court, and is based on this derogation, or
5.
if a procedural shortcoming subject to the judgment of the court of appeal on
points of fact and law is claimed and applies on which the ruling can be based.
Section 124a
(1) The administrative court shall admit the appeal on points of fact and law in the judgment
if the grounds of section 124, subsection 2, No. 3 or No. 4 apply. The Higher Administrative
Court shall be bound by the admission. The administrative court shall not be empowered to
not admit the appeal on points of fact and law.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(2) The appeal on points of fact and law shall be lodged with the administrative court, if it has
been admitted by the administrative court, within one month after service of the complete
judgment. The appeal on points of fact and law must designate the impugned judgment.
(3) The appeal on points of fact and law shall be reasoned in cases falling undersubsection 2 within two months after service of the complete judgment. Unless it takes placeat the same time as the lodging of the appeal on points of fact and law, the reasoning shallbe lodged with the Higher Administrative Court. The deadline for the reasoning may be
extended in response to a request made prior to its expiry by the presiding judge of thesenate. The reasoning must contain a specific motion, as well as the reasoning for thechallenge (reasoning for the appeal on points of fact and law) to be listed in detail.* If one ofthese requirements is not met, the appeal on points of fact and law shall be inadmissible.
(4) If the appeal on points of fact and law is not admitted in the judgment of the administrative court,
admission shall be applied for within one month after service of the complete judgment. The application
shall be lodged with the administrative court. It must designate the impugned judgment. Within twomonths after service of the complete judgment, the reasoning shall be explained for which the appeal
on points of fact and law is to be admitted. Insofar as it has not already been submitted with theapplication, the reasoning shall be submitted to the Higher Administrative Court. The lodging of theapplication shall stay the legal force of the judgment.

(5) The Higher Administrative Court shall rule on the application by means of an order. The
appeal on points of fact and law shall be admitted if one of the reasons of section 124,
subsection 2, is explained and applies. The order should be briefly reasoned. The judgment
shall become final on rejection of the application. If the Higher Administrative Court admits
the appeal on points of fact and law, the application proceedings shall be continued asproceedings for an appeal on points of fact and law; the lodging of an appeal on points offact and law shall not be required.
(6) The appeal on points of fact and law shall be reasoned in cases falling undersubsection 5 within one month after service of the order on the admission of the appeal on
points of fact and law. The reasoning shall be submitted to the Higher Administrative Court.
Subsection 3, third to fifth sentences, shall apply mutatis mutandis.
Section 125(1) The provisions of Part II shall apply mutatis mutandis to the proceedings for an appeal on
points of fact and law unless this chapter provides otherwise. Section 84 shall not apply.
(2) If the appeal on points of fact and law is inadmissible, it shall be rejected. The ruling may
be handed down by means of an order. Those concerned shall be heard in advance. Those
concerned shall be entitled to such appeal against the order which would be admissible if thecourt had ruled by judgment. Those concerned shall be notified of this appeal.
Section 126(1) The appeal on points of fact and law can be withdrawn until the judgment becomes final.
Withdrawal subsequent to the lodging of the requests in the oral hearing shall be contingent
on the consent of the defendant and, if a representative of the public interest has attended
the oral hearing, also on his/her consent.
(2) The appeal on points of fact and law shall be deemed to have been withdrawn if theplaintiff of the appeal on points of fact and law fails to pursue the proceedings for more than
three months despite being called on by the court to do so. Subsection 1, second sentence,shall apply mutatis mutandis. The plaintiff of the appeal on points of fact and law shall be
informed in the call of the legal consequences emerging from the first sentence andsection 155, subsection 2. The court shall find by an order that the appeal on points of fact
and law is deemed to have been withdrawn.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(3) Withdrawal shall lead to the loss of the appeal lodged. The court shall rule by order on
the costs consequence.
Section 127(1) The defendant of the appeal on points of fact and law and the other parties concerned
may accede to the appeal on points of fact and law. The subsequent appeal on points of fact
and law shall be lodged with the Higher Administrative Court.
(2) Accession shall also be permissible if the party concerned has foregone the appeal on
points of fact and law or the deadline for the appeal on points of fact and law or for therequest to admit the appeal on points of fact and law has passed. It shall be admissible after
one month has passed since the written reasoning for the appeal on points of fact and law
has been served.
(3) The subsequent appeal on points of fact and law must be reasoned in the accession
document. Section 124a, subsection 3, second, fourth and fifth sentences, shall apply
mutatis mutandis.
(4) The subsequent appeal on points of fact and law shall not require to be admitted.
(5) Accession shall lose its effect if the appeal on points of fact and law is withdrawn orrejected as inadmissible.
Section 128
The Higher Administrative Court shall review the dispute within the appeal on points of fact
and law application to the same degree as the administrative court. It shall also consider
newly-submitted facts and items of evidence.
Section 128a(1) New declarations and items of evidence which have not been submitted at first instancedespite a deadline set therefor (section 87b, subsections 1 and 2) shall only be admitted if in
the free conviction of the court its admission would not delay the settlement of the legal
dispute, or if the party concerned provides sufficient excuses for the delay. The excuse shallbe credibly demonstrated at the request of the court. The first sentence shall not apply if theparty concerned at first instance has not been informed of the consequences of missing adeadline in accordance with section 87b, subsection 3 No. 3, or if it is also possible toascertain the facts with a slight effort without the participation of the party concerned.
(2) Declarations and items of evidence which the administrative court has rightly rejectedshall also remain ruled out in the proceedings for an appeal on points of fact and law.
Section 129
The judgment of the administrative court may only be altered insofar as an alteration has
been applied for.
Section 130(1) The Higher Administrative Court shall take the necessary evidence and shall rule on the
merits itself.
(2) The Higher Administrative Court may only remit the case to the administrative court,
insofar as a further hearing on the case is necessary, by rescinding the judgment and theproceedings

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de1.
insofar as the proceedings before the administrative court suffer from a major
shortcoming and because of this shortcoming a comprehensive or laborious taking ofevidence is necessary, or2.

if the administrative court has not yet ruled on the merits themselves

and a party concerned applies for remittal.
(3) The administrative court shall be bound by the legal assessment of the ruling on the appeal on
points of fact and law.

Section 130a
The Higher Administrative Court may rule on the appeal on points of fact and law by meansof an order if it unanimously considers it to be well-founded or ill-founded and does notconsider an oral hearing to be necessary. Section 125, subsection 2, third to fifth sentences,
shall apply mutatis mutandis.
Section 130b
The Higher Administrative Court may refer to the elements of the impugned ruling in the
judgment on the appeal on points of fact and law if it fully adopts the findings of theadministrative court. It may refrain from a further depiction of the reasoning for the rulinginsofar as it rejects the appeal on points of fact and law as ill-founded for the reasons of the
impugned ruling.
Section 131(repealed)
13th Chapter
Appeal on points of law
Section 132(1) Those concerned shall have recourse to an appeal on points of law to the Federal
Administrative Court against the judgment of the Higher Administrative Court (section 49 No.
1), and against orders in accordance with section 47, subsection 5, first sentence, if theHigher Administrative Court, or the Federal Administrative Court in response to a complaint
against non-admission, has admitted it.
(2) The appeal on points of law shall only be admitted if
1.

the legal case is of fundamental significance,2.
the judgment deviates from a ruling of the Federal Administrative Court, of the
Joint Panel of the supreme courts of the Federation or of the Federal Constitutional Court
and is based on this deviation, or3.
based.

a procedural shortcoming is asserted and applies on which the ruling can be(3) The Federal Administrative Court shall be bound by admission.
Section 133(1) The non-admission of the appeal on points of law may be challenged by a complaint.
(2) The complaint shall be lodged with the court against whose judgment an appeal on pointsof law it is to be lodged within one month after service of the complete judgment. The
complaint must designate the impugned judgment.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(3) The complaint shall be reasoned within two months after service of the complete
judgment. The reasoning shall be submitted to the court against whose judgment an appeal
on points of law is to be lodged. In the reasoning, the fundamental significance of the casemust be explained or the ruling from which the judgment deviates, or the procedural
shortcoming, must be designated.
(4) The submission of the complaint shall stay the legal force of the judgment.
(5) If the complaint is not remedied, the Federal Administrative Court shall rule by order. The
order should be briefly reasoned; it shall be possible to dispense with reasoning if it is notsuited to help clarify the prerequisites under which an appeal on points of law is to be
admitted. The judgment shall become final when the complaint is rejected by the Federal
Administrative Court.
(6) If the prerequisites of section 132, subsection 2, No. 3 apply, the Federal Administrative
Court may rescind the impugned judgment in the order and remit the legal dispute for ahearing and a ruling in other respects.
Section 134(1) Against the judgment of an administrative court (section 49 No. 2) those concerned shallhave recourse to an appeal on points of law, circumventing the appeal on points of fact andlaw instance, if the plaintiff and the defendant agree in writing to the submission of theappeal on points of law in lieu of an appeal on fact and law, and if it is admitted by theadministrative court in the judgment or on request by order. The request shall be made inwriting within one month of service of the complete judgment. Consent to the submission of
the appeal on points of law in lieu of an appeal on fact and law shall be enclosed with theapplication or, if the appeal on points of law is admitted in the judgment, with the written
appeal on points of law.
(2) The appeal on points of law shall only be admitted if the prerequisites of section 132,
subsection 2, Nos. 1 or 2 apply. The Federal Administrative Court shall be bound byadmission. The rejection of admission shall be incontestable.
(3) If the administrative court rejects the application for admission of the appeal on points oflaw by order, on service of this ruling the deadline period shall begin to run for the application
to admit the appeal on points of fact and law from the beginning insofar as the application
was lodged within the statutory deadline and form and the declaration of consent was
enclosed. If the administrative court admits the appeal on points of law by an order, theperiod for the appeal on points of law shall be initiated on service of this ruling.
(4) The appeal on points of law may not be based on shortcomings in the proceedings.
(5) The submission of the appeal on points of law and the consent shall be deemed toconstitute dispensation with the appeal on points of fact and law if the administrative court
has admitted the appeal on points of law.
Section 135
Those concerned shall have recourse to an appeal on points of law to the Federal
Administrative Court against the judgment of an administrative court (section 49 No. 2) if theappeal on points of fact and law is ruled out by federal law. The appeal on points of law canonly be lodged if the administrative court has admitted it, or if the Federal Administrative
Court has admitted it in response to a complaint against non-admission. Sections 132 and133 shall apply mutatis mutandis to admission.
Section 136(repealed)

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Section 137(1) The appeal on points of law may only be based on the impugned judgment being basedon a violation1.

of federal law, or

2.
of a provision of the Administrative Procedure Act(Verwaltungsverfahrensgesetz) of a Land the wording of which concurs with the
Administrative Procedure Act of the Federation.
(2) The Federal Administrative Court shall be bound by the factual findings handed down in
the impugned judgment unless admissible, well-founded grounds for the appeal on points oflaw have been submitted in relation to these findings.
(3) If the appeal on points of law is based on procedural shortcomings, and unless at the same time
one of the prerequisites of section 132, subsection 2, Nos. 1 and 2 applies, only a ruling shall behanded down on the asserted procedural shortcomings. In other respects, the Federal Administrative
Court shall not be bound by the asserted grounds for the appeal on points of law.

Section 138
A judgment shall always be regarded as being based on the violation of federal law if
1.

the court of decision was not composed according to the regulations,2.
a judge was involved in the ruling who had been excluded from the exercise of
judicial office by force of law or had been successfully rejected for concern about
partiality,3.

a party concerned had been refused a legal hearing,4.
a party concerned in the proceedings was not represented in accordance withthe provisions of the law, unless he/she explicitly or tacitly consented to the pursuance ofthe proceedings,
5.
the judgment was handed down on the basis of an oral hearing in which theprovisions on the public nature of the proceedings were violated, or6.

the ruling is not reasoned.
Section 139(1) The appeal on points of law shall be lodged in writing to the court whose judgment is
impugned within one month of service of the complete judgment or of the order on theadmission of the appeal on points of law in accordance with section 134, subsection 3,
second sentence. The deadline period for the appeal on points of law shall also be deemed
to have been complied with if the appeal on points of law is lodged within the deadline to theFederal Administrative Court. The appeal on points of law must designate the impugned
judgment.
(2) If the complaint against the non-admission of the appeal on points of law is remedied, orif the Federal Administrative Court admits the appeal on points of law, the complaint
proceedings shall be continued as proceedings on appeal on points of law unless theFederal Administrative Court rescinds the impugned judgment in accordance withsection 133, subsection 6; the lodging of an appeal on points of law by the complainant shallnot be required. This shall be referred to in the order.
(3) The appeal on points of law shall be reasoned within two months after service of thecomplete judgment or of the order on the admission of the appeal on points of law inaccordance with section 134, subsection 3, second sentence; in the event of subsection 2,

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the deadline for reasoning shall be one month after service of the order on the admission of
the appeal on points of law. The reasoning shall be submitted to the Federal Administrative
Court. The reasoning deadline may be extended by the presiding judge in response to an
application lodged prior to its expiry. The reasoning must contain a definite motion, theviolated legal provision and, insofar as the complaint relates to procedural shortcomings,
must state the facts from which the shortcomings emerge.
Section 140(1) The appeal on points of law may be withdrawn until the judgment becomes final.
Withdrawal after filing the motions in the oral hearing shall be contingent on the consent of
the defendant of the appeal on points of law and, if the Representative of the Interests of theFederation at the Federal Administrative Court has attended the oral hearing, also on his/her
consent.
(2) Withdrawal shall effect the loss of the appeal submitted. The Court shall rule by order on
the costs consequence.
Section 141
The provisions on the appeal on points of fact and law shall apply mutatis mutandis to theappeal on points of law unless this chapter states otherwise. Sections 87a, 130a and 130bshall not apply.
Section 142(1) Alterations to the action and subpoenas shall not be permissible in the proceedings on
appeal on points of law. This shall not apply to subpoenas in accordance with section 65,
subsection 2.
(2) A party subpoenaed in the proceedings on appeal on points of law in accordance withsection 65, subsection 2, may only complain of procedural shortcomings within two monthsof service of the subpoena. The deadline may be extended by the presiding judge in
response to an application made before its expiry.
Section 143
The Federal Administrative Court shall examine whether the appeal on points of law isadmissible and whether it has been submitted and reasoned within the statutory form anddeadline. If one of these requirements has not been met, the appeal on points of law shall beinadmissible.
Section 144(1) If the appeal on points of law is inadmissible, the Federal Administrative Court shalldismiss it by order.
(2) If the appeal on points of law is ill-founded, the Federal Administrative Court shall reject
the appeal on points of law.
(3) If the appeal on points of law is well-founded, the Federal Administrative Court may
1.

rule on the on the case itself,2.
quash the impugned judgment and remit the case for settlement and a ruling inother respects.
The Federal Administrative Court shall remit the dispute if the party subpoenaed in theproceedings on appeal on points of law in accordance with section 142, subsection 1,
second sentence, has a justified interest in this.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(4) If the reasoning for the decision reveals a violation of the existing right, but the ruling itself
proves to be correct for other reasons, the appeal on points of law shall be dismissed.
(5) If the Federal Administrative Court remits the case on appeal on points of law in lieu of an
appeal on fact and law in accordance with section 49 No. 2 and section 134 for settlement
and ruling in other respects, it may at its discretion also remit it to the Higher Administrative
Court which would have had jurisdiction for the appeal on points of fact and law. The same
principles shall then apply to the proceedings before the Higher Administrative Court as if the
dispute had become pending on a properly-lodged appeal on points of fact and law at theHigher Administrative Court.
(6) The Court to which the case has been remitted for settlement and a ruling in otherrespects shall base its ruling on the legal assessment of the court of appeal on points of law.
(7) The ruling on the appeal on points of law shall not require reasoning insofar as theFederal Administrative Court considers complaints of procedural shortcomings not to besignificant. This shall not apply to complaints in accordance with section 138 and, if theappeal on points of law exclusively asserts procedural shortcomings, to complaints on which
the admission of the appeal on points of law is based.
Section 145(repealed)
14th Chapter
Complaint, reminder, complaint regarding a hearing
Section 146(1) Unless this Act provides otherwise, those concerned and those otherwise affected by theruling may take recourse to a complaint to the Higher Administrative Court against rulings ofthe administrative court, of the presiding judge or of the reporting judge which are notjudgments or summary decisions.
(2) Procedural directions, elucidation orders, orders regarding postponement or the setting ofa deadline, orders for the taking of evidence, orders regarding rejection of motions for thetaking of evidence, on joindering and separation of proceedings and claims and on therejection of court officials cannot be impugned with a complaint.
(3) Furthermore, on reserve of a statutorily-provided complaint against the non-admission of
the appeal on points of law, a complaint is not available in disputes regarding costs, fees andexpenses if the value of the subject-matter of the complaint does not exceed two hundred
Euros.
(4) The complaint against orders of the administrative court in injunction proceedings(sections 80, 80a and 123) shall be reasoned within one month of announcement of theruling. Unless already submitted with the complaint, the reasoning shall be submitted to theHigher Administrative Court. It must contain a definite motion, set out the reasoning fromwhich the ruling is to be altered or rescinded, and deal with the impugned ruling. If one ofthese requirements is not met, the complaint shall be dismissed as inadmissible. The
administrative court shall submit the complaint without delay; section 148, subsection 1, shallnot apply. The Higher Administrative Court shall only review the reasoning submitted.
(5) & (6) (repealed)
Section 147(1) The complaint shall be lodged with the court whose ruling is impugned in writing or for therecord of the clerk of the registry within two weeks after announcement of the ruling.

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Section 67, subsection 4, shall remain unaffected.
(2) The complaint deadline shall also be deemed to have been met if the complaint isreceived by the complaint court within the deadline.
Section 148(1) If the administrative court, the presiding judge or the reporting judge whose ruling is being
impugned considers the complaint to be well-founded, it shall be remedied; otherwise, it shallbe submitted to the Higher Administrative Court without delay.
(2) The administrative court should inform those concerned of the lodging of the complaint
with the Higher Administrative Court.
Section 149(1) The complaint shall only have a suspensive effect if its subject-matter is the imposition ofan administrative measure or a means of coercion. The court, the presiding judge or thereporting judge whose ruling is being impugned may also otherwise determine that theexecution of the impugned ruling is to be temporarily suspended.
(2) Sections 178 and 181, subsection 2, of the Courts Constitution Act shall remain
unaffected.
Section 150
The Higher Administrative Court shall rule on the complaint by an order.
Section 151
The ruling of the court against the decisions of the commissioned or requested judge or of
the clerk can be applied for within two weeks after announcement,. The application shall belodged in writing or for the record of the clerk of the court registry. Sections 147 to 149 shallapply mutatis mutandis.
Section 152(1) On proviso of section 99, subsection 2, and of section 133, subsection 1, of the present
Act, as well as of section 17a, subsection 4, fourth sentence, of the Courts Constitution Act,
rulings of the Higher Administrative Court may not be impugned with a complaint to theFederal Administrative Court.
(2) Section 151 shall apply mutatis mutandis in the proceedings before the Federal
Administrative Court to rulings of the commissioned or requested judge or of the clerk of theregistry.
Section 152a(1) In response to the complaint of a party concerned impaired by a court ruling, theproceedings shall be continued if
1.

an appeal or another remedy against the ruling is not available, and2.
the court has violated this party concerned’s right to a legal hearing in a mannerthat is material to the ruling.
No complaint is available against a ruling preceding the final ruling.
(2) The complaint shall be lodged within two weeks after of the violation of the right to a legal
hearing becoming known; the time of becoming aware shall be credibly demonstrated. Afterone year after announcement of the impugned ruling, the complaint may no longer be

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lodged. Rulings announced without requirement as to form shall be deemed to have beencommunicated on the third day after being taken to the post. The complaint shall be made inwriting or for the record of the clerk of the registry at the court whose ruling is being
impugned. Section 67, subsection 4, shall remain unaffected. The complaint must designate
the impugned ruling and document that the prerequisites named in subsection 1, first
sentence, No. 2 apply.
(3) The other parties concerned shall be afforded the opportunity to make a statement where
necessary.
(4) If the complaint is not admissible or has not been lodged within the statutory form or deadline, it
shall be dismissed as inadmissible. If the complaint is ill-founded, the court shall reject it. The rulingshall be handed down by incontestable order. The order should contain brief reasoning.

(5) If the complaint is well-founded, the court shall remedy it by continuing the proceedings
insofar as this is necessary on the basis of the complaint. The proceedings shall be restored
to the state in which they were prior to the conclusion of the oral hearing. In written
proceedings, the time until when the written pleadings may be submitted shall replace theconclusion of the oral hearing. Section 343 the Code of Civil Procedure shall apply mutatis
mutandis to the pronouncement of the court.
(6) Section 149, subsection 1, second sentence, shall apply mutatis mutandis.
15th Chapter
Resumption of the proceedings
Section 153(1) Proceedings ended by force of law may be resumed in accordance with the provisions ofBook Four of the Code of Civil Procedure.
(2) The power to lodge a nullity action and a restitution action shall also be held by the
representative of the public interest, in the proceedings before the Federal Administrative
Court at first and final instance also by the Representative of the Interests of the Federation
at the Federal Administrative Court.
Part IV
Costs and execution
16th Chapter
Costs
Section 154(1) The losing party shall pay the costs of the proceedings.
(2) The costs of an appeal lodged unsuccessfully shall be imposed on the party who lodged
the appeal.
(3) Costs may only be imposed on the subpoenaed party if he/she lodged motions orappeals; section 155, subsection 4, shall remain unaffected.
(4) The costs of the successful resumption proceedings may be imposed on the state budget
insofar as they have not arisen as a result of the fault of a party concerned.
Section 155(1) If a party concerned is partly successful and partly unsuccessful, the costs shall be offset
against one another or shared proportionately. If the costs are offset against one another,
the court costs shall be imposed on each in halves. A party may be burdened with the entire
costs if the other only lost to a small part.

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(2) Anyone who withdraws a motion, an action, an appeal or another remedy shall bear thecosts.
(3) Costs which arise by virtue of a motion for restitutio in integrum shall be imposed on theapplicant.
(4) Costs arising by the fault of a party concerned may be imposed on the latter.

Section 156
If the defendant has not given rise to the lodging of the action by means of his/her conduct,
the legal costs shall be imposed on the plaintiff if the defendant immediately acknowledges
the claim.
Section 157(repealed)
Section 158(1) Challenging of the ruling on the costs shall be inadmissible unless an appeal is lodged against theruling in the main case.

(2) If no ruling has been handed down in the main case, the ruling on the costs shall beincontestable.
Section 159
Section 100 of the Code of Civil Procedure shall apply mutatis mutandis if the party obliged
to pay the costs consists of several persons. If the contentious legal relationship can only be
decided on in a uniform manner vis-à-vis the party obliged to meet the costs, the costs may
be imposed on several persons as joint-and-several debtors.
Section 160
If the dispute is dealt with by means of a settlement, and if those concerned have notdetermined the costs, the court costs shall be imposed in halves on each party. Each party
concerned shall bear their own out-of-court costs.
Section 161(1) The court shall rule on the costs in the judgment or, if the proceedings are concluded byother means, by order.
(2) If the dispute is settled in the main case, other than in cases falling under section 113,
subsection 1, fourth sentence, the Court shall rule by order on the costs of the proceedings
at its reasonably exercised discretion; the previous status of the case and of the dispute shallbe taken into account. The legal dispute shall also be deemed to have been settled in themain case if the defendant has not objected to the declaration of settlement by the plaintiff
within two weeks of service of the written pleading containing the declaration of conclusion
and he/she has been informed of this consequence by the court.
(3) In cases falling under section 75, the defendant shall always bear the costs if the plaintiff could
anticipate his/her decision prior to lodging the action.

Section 162(1) Costs shall be constituted by the court costs (fees and expenses) and the expenditure ofthose concerned necessary to properly pursue or defend rights, including the costs of thepreliminary proceedings.
(2) The fees and expenses of an attorney or legal counsel, in tax matters also of one of the

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.depersons named in section 67, subsection 2, second sentence, No. 3, shall always be
refundable. Insofar as preliminary proceedings were pending, fees and expenses shall be
refundable if the court declares it necessary to consult a proxy-holder for the preliminary
proceedings. Legal entities under public law and authorities may demand the maximum flatrate determined in No. 7002 of Annex 1 to the Lawyers’ Remuneration Act(Rechtsanwaltsvergütungsgesetz) in place of their expenditure actually necessary for post
and telecommunication services.
(3) The out-of-court costs of the subpoenaed party shall only be refundable if the court
imposes them on the losing party or the state budget for reasons of equitableness.
Section 163(repealed)
Section 164
The clerk of the first-instance court shall determine on application the amount of the costs tobe refunded.
Section 165
Those concerned may challenge the determination of the costs to be refunded. Section 151
shall apply mutatis mutandis.
Section 165a
Section 110 of the Code of Civil Procedure shall apply mutatis mutandis.
Section 166
The provisions of the Code of Civil Procedure on legal aid, as well as section 569,
subsection 3, No. 2 the Code of Civil Procedure shall apply mutatis mutandis.
17th Chapter
Execution
Section 167(1) Unless the present Act provides otherwise, Book Eight of the Code of Civil Procedure
shall apply mutatis mutandis to execution. The execution court shall be the court of first
instance.
(2) Judgments for rescissory and enforcement actions may be declared provisionally
executable in respect of the costs only.
Section 168(1) Execution shall be effected on the basis of
1.

final and provisionally-executable court rulings,

2.

provisional injunctions,3.

court settlements,

4.

cost-setting orders,5.
the arbitration rulings of public-law arbitration tribunals that have been declared
executable insofar as the ruling on the declaration of executability has been declared final
or provisionally final.
(2) For execution, those concerned may be granted copies of the judgment at their request

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.dewithout the facts and without reasoning for the ruling, the effect of service of which shall beequivalent to the service of a complete judgment.
Section 169(1) If execution is to be effected in favour of the Federation, of a Land, of an association ofmunicipal corporations, of a municipal corporation or of a corporation, institution or
foundation under public law, execution shall be effected in accordance with the
Administrative Execution Act (Verwaltungsvollstreckungsgesetz). The execution authority
within the meaning of the Administrative Execution Act shall be the presiding judge of thecourt of first instance; he/she may avail him/herself of the services of another execution
authority or of a bailiff for effecting execution.
(2) If execution is effected to enforce acts, toleration and desistance by means ofadministrative assistance by bodies of the Länder, it shall be implemented in accordancewith provisions of Land law.
Section 170(1) If execution is to be effected against the Federation, a Land, an association of municipal
corporations, a municipal corporation, a corporation, institution or foundation under publiclaw in respect of a monetary claim, the court of first instance shall order the execution onrequest by the creditor. It shall determine the execution measures to be implemented andrequest the competent agency to carry them out. The requested agency shall be obliged tocomply with the request in accordance with the execution provisions applicable thereto.
(2) Prior to the issuance of the execution order, the court shall notify the authority, or in caseof corporations, institutions or foundations under public law against which execution is to beeffected, the statutory representatives, of the envisioned execution, calling on it to avert theexecution within a period to be set by the court. The period may not exceed one month.
(3) Execution shall not be permissible with regard to items which are indispensable for the
implementation of public tasks, or the sale of which is opposed by a public interest. The court
shall rule on objections after hearing the competent supervisory authority or, in case ofsupreme federal or Land authorities, the competent minister.
(4) Subsections 1 to 3 shall not apply to financial institutions under public-law.
(5) The announcement of execution and of compliance with a waiting period shall not be
required if it is a matter of executing an injunction.
Section 171
No execution clause shall be required in cases falling under sections 169 and 170,
subsections 1 to 3.
Section 172
If in cases covered by section 113, subsection 1, second sentence, and subsection 5 and bysection 123 the authority fails to comply with the obligation imposed on it in the judgment orin the injunction, the court of first instance may, in response to a motion, by order including
the setting of a deadline, threaten, determine after unsuccessful expiry of the deadline, andexecute ex officio, a coercive fine of up to ten thousand Euros against it. The coercive fine
may be repeatedly threatened, determined and executed.
Part V
Final and transitional provisions
Section 173

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Unless this Act contains provisions with regard to the proceedings, the Courts Constitution
Act and the Code of Civil Procedure shall apply mutatis mutandis if the fundamental
differences between the two types of procedure do not rule this out. The court within themeaning of section 1062 of the Code of Civil Procedure shall be the administrative court withjurisdiction; the court within the meaning of section 1065 of the Code of Civil Procedure shallbe the Higher Administrative Court with jurisdiction.
Section 174(1) For the representative of the public interest at the Higher Administrative Court and at theadministrative court, qualification for the higher administrative service shall be deemed
equivalent to qualification for judicial office in accordance with the German Judiciary Act(Deutsches Richtergesetz) if the former has been acquired by sitting the statutorilyprescribed examinations after at least three years’ law studies at a University and threeyears’ training in the public service.
(2) With war participants, the precondition of subsection 1 shall be deemed to have been met
if they have complied with the special provisions applying to them.
Sections 175 to 177(repealed)
Sections 178 and 179(amendment provisions)
Section 180
If the questioning or swearing in of witnesses and expert witnesses in accordance with the
Administrative Procedure Act or in accordance with the Tenth Book of the Social Code iseffected by the administrative court, it shall take place before the judge determined for this in
the business schedule. The administrative court shall rule by order with regard to thelawfulness of refusal to provide testimony or an expert report or to give an oath inaccordance with the Administrative Procedure Act or in accordance with the Tenth Book of
the Social Code.
Sections 181 and 182(amendment provisions)
Section 183
If the Constitutional Court of a Land has found that Land law is null and void or has declared
provisions of Land law to be null and void, rulings of the courts of administrative jurisdiction
which are no longer contestable based on the provision which has been declared null andvoid shall remain unaffected. Execution from such a ruling shall be inadmissible on proviso
of a special statutory arrangement by the Land. Section 767 of the Code of Civil Procedure
shall apply mutatis mutandis.
Section 184
The Land may determine that the Higher Administrative Court is to continue the previous
designation of “Administrative Court” (Verwaltungsgerichtshof).
Section 185(1) The districts (Kreise) within the meaning of section 28 shall be substituted in the Länder
Berlin and Hamburg by the areas (Bezirke).
(2) The Länder Berlin, Brandenburg, Bremen, Hamburg, Mecklenburg-Western Pomerania,

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Saarland and Schleswig-Holstein may admit derogations from the provisions of section 73,
subsection 1, second sentence.
Section 186
Section 22 No. 3 shall also apply in the Länder Berlin, Bremen and Hamburg on proviso that
persons working on an honorary basis in the public administration may not be nominated ashonorary judges. Section 6 of the Introductory Act to the Courts Constitution Act(Einführungsgesetz zum Gerichtsverfassungsgesetz) shall apply mutatis mutandis.
Section 187(1) The Länder may assign to the courts of administrative jurisdiction tasks of disciplinary
jurisdiction and arbitration jurisdiction in property disputes of public-law associations, assign
professional courts to these courts, and regulate their composition and proceedings.
(2) For the field of staff representation law, the Länder may furthermore issue provisions
derogating from the present Act relating to the composition and procedure of theadministrative courts and of the Higher Administrative Court.
(3) (repealed)
Section 188
The fields in matters of welfare, with the exception of matters of social assistance and of the
Asylum-Seekers Benefits Act (Asylbewerberleistungsgesetz), youth assistance, welfare of
war victims, welfare of persons with serious disabilities, as well as training promotion, should
be combined in one chamber or in one senate. Court costs (fees and expenses) shall not be
levied in proceedings of this nature; this shall not apply to disputes on refunds betweensocial benefits institutions.
Section 189
Specialist senates shall be formed at the Higher Administrative Courts and the Federal
Administrative Court for the decisions to be taken in accordance with section 99,
subsection 2.
Section 190(1) The following Acts which derogate from the present Act shall remain unaffected:
1.
the Burdens Equalisation Act (Lastenausgleichsgesetz) of 14 August 1952
(Federal Law Gazette Part I p. 446) in the version of the amending statutes enacted
thereon,2.
the Act on the Establishment of a Federal Supervisory Office for Insurance andSavings Banks (Gesetz über die Errichtung eines Bundesaufsichtsamtes für das
Versicherungs- und Bausparwesen) of 31 July 1951 (Federal Law Gazette Part I p. 480)in the version of the Act Supplementing the Act on the Establishment of a Federal
Supervisory Office for Insurance and Savings Banks (Gesetz zur Ergänzung desGesetzes über die Errichtung eines Bundesaufsichtsamtes für das Versicherungs- und
Bausparwesen) of 22 December 1954 (Federal Law Gazette I p. 501),
3.

(repealed)

4.
the Land Reallocation Act (Flurbereinigungsgesetz) of 14 July 1953 (Federal
Law Gazette Part I p. 591),
5.
the Staff Representation Act (Personalvertretungsgesetz) of 5 August 1955
(Federal Law Gazette Part I p. 477),

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de6.
the Military Complaints Code (Wehrbeschwerdeordnung - WBO) of 23
December 1956 (Federal Law Gazette Part I p. 1066),
7.
the Prisoners of War Compensation Act(Kriegsgefangenenentschädigungsgesetz - KgfEG) in the version of 8 December 1956
(Federal Law Gazette I p. 908),8.
section 13, subsection 2, of the Patent Act (Patentgesetz) and the provisions on
proceedings before the German Patent Office.
(2) (repealed)(3) (repealed)
Section 191(1) (amendment provision)(2) Section 127 of the Civil Service Law Framework Act (Beamtenrechtsrahmengesetz) andsection 54 of the Civil Service Status Act (Beamtenstatusgesetz) shall remain unaffected.
Section 192(amendment provision)
Section 193
In a Land in which there is no Constitutional Court, jurisdiction assigned to the Higher
Administrative Court to rule on constitutional disputes within the Land shall remain
unaffected until the establishment of a Constitutional Court.
Section 194(1) The admissibility of appeals on points of fact and law shall be in line with the law
applicable until 31 December 2001 if prior to 1 January 2002
1.
closed,the oral hearing at which the judgment to be impugned is handed down was

2.
in proceedings with no oral hearing, the registry has handed out the ruling to be
impugned for the purposes of service on the parties.
(2) Moreover, the admissibility of an appeal against a court ruling shall be in accordance withthe law applicable up to 31 December 2001 if prior to 1 January 2002 the court ruling was
made known or pronounced, or was served ex officio in place of pronouncement.
(3) Appeals against orders in legal aid proceedings lodged in good time before 1 January
2002 shall be deemed to have been admitted by the Higher Administrative Court.
(4) In proceedings which became pending prior to 1 January 2002, or for which the deadline
period for filing an action started to run prior to this date, as well as in proceedings regarding
appeals against court rulings which were published or pronounced prior to 1 January 2002 or
were served ex officio in place of pronouncement, the provisions applicable until such thattime shall apply to representation of those concerned in proceedings.
(5) Section 40, subsection 2, first sentence, section 154, subsection 3, section 162,
subsection 2, third sentence, and section 188, second sentence, shall be applicable toproceedings becoming pending in the court from 1 January 2002 in the version applicable atthis time.
Section 195

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Service provided by the Federal Ministry of Justicein cooperation with juris GmbH – www.juris.de(1) (Entry into force)(2) to (6) (rescission, amendment and time-obsolete provisions)(7) The deadline contained in section 47, subsection 2, shall apply to legal provisions within
the meaning of section 47, in the version applicable until expiry of 31 December 2006, whichwere made known prior to 1 January 2007.

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