Filing an objection

You must raise your objection in writing or in writing. If possible, you should use the term "objection" in your letter.

Opposition

By filing an objection, you initiate the opposition procedure. In this case, the decision of the authority is re-examined for its legality and expediency. Your justification for the objection will also be taken into account, as new facts may arise that were previously unknown to the authority. It is therefore advisable to give reasons for the objection.

If the authority concludes that the objection is well-founded, it will annul the initial decision and, if necessary, take a new decision. This depends on whether you only want the administrative act to be repealed (challenge) or whether you also want another decision (obligation) from the authority. Your objection will be remedied.

If, on the other hand, the authority considers your objection to be unfounded, it either rejects it itself as the appeal authority by means of a notice of objection or hands it over to another competent authority for a decision. This appeal authority will then examine the matter and make the decision on the rejection or granting of your objection by means of a notice of appeal. Whether the originating authority itself or another appeal authority is responsible for issuing the notice of opposition is regulated by law and depends on the respective legal matter.

Please contact the authority that notified you of the decision.

An objection is only possible against so-called "administrative acts". The most common form of an administrative act is the decision of an authority.

Your letter of objection should include the following information:

• Your name
• Your address
• Date of opposition
• Address of the authority against whose decision the objection is directed
• Date and reference number or file number of the decision against which you are objecting
• Declaration that you are filing an objection
• If possible, a reason why you do not agree with the decision: You can also indicate facts that have been overlooked so far or are not yet known to the authority.
• Your signature

Opposition proceedings are usually subject to a fee. If you are unsuccessful on the merits, the costs shall be borne either by the appellant or by the authority itself. The amount of the costs depends on the individual case.

The deadlines for filing an objection can be found in the information on legal remedies in your decision. As a rule, this is 1 month. Deviating deadlines are possible and listed in the information on legal remedies.

• §§ 68 et seq. Code of Administrative Court Procedure (VwGO)
• State Administrative Procedure Act (LVwVfG)
• § 3a of the Administrative Procedure Act (VwVfG)
• Section 35 of the Administrative Procedure Act (VwVfG)
• § 15 State Fees Act (LGebG)
• § 19 State Act on the Implementation of the Code of Administrative Court Procedure (AGVwGO)

If you (still) feel that your rights have been violated after the conclusion of the opposition proceedings, you have the right to take legal action.

20.12.2019