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Schleswig-Holstein

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Appeal against an official decision in an administrative procedure

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

If you disagree with the content and result of a decision or administrative act (notice) issued by a public authority, you can lodge an objection.
The objection procedure is intended to help avoid legal disputes.

You can submit your objection in writing with a personally signed letter or present it directly to the authority of origin for recording in person. You can also submit your objection in electronic form. In doing so, you must observe the special regulations on electronic communication with authorities. A simple e-mail is not sufficient.

The original authority and, if applicable, the appeal authority will review the decision on the basis of your appeal.
If the appeal is upheld (also known as "remedied"), the original decision will be revoked or corrected and a new decision will be issued if necessary.
If the appeal is rejected, the original decision of the original authority will stand.


Process flow

The initial authority will review its decision on the basis of your objection. It may consider your objections to be justified on the basis of the new examination or the new facts that have become known. If your objection is upheld, it will revoke the decision or amend the decision in your favor (the objection will be "remedied"). It will also make a decision on costs. If the initial authority considers your objections to be unjustified, it will leave the decision unchanged.

If the initial authority does not amend the decision, it will submit the objection to the competent appeal authority. As a rule, the appeal authority is the authority that is technically superior to the original authority. There are exceptions in which the authority that issued the original decision also decides on the appeal.

The appeal authority now also examines the case in full. As a result of this examination, you will receive the notice of appeal from the appeal authority. With this, the appeal authority also decides who bears the costs of the appeal proceedings. The notice of appeal contains detailed reasons and information on legal remedies. It will be sent to you formally.

Who should I contact?

The authority is named in the decision against which you wish to lodge an appeal. It also explains how you can proceed.

Competent authority

The authority that issued the administrative act (original authority) is responsible for accepting the objection.

What are the fees?
  • usually subject to a charge
What deadlines do I have to pay attention to?

Objection deadline: 1 Month
nach Bekanntgabe des Verwaltungakts. Fehlt bei Ihrem Bescheid die Rechtsbehelfsbelehrung oder ist diese unvollständig beziehungsweise unrichtig, verlängert sich die Widerspruchsfrist auf ein Jahr.

Legal basis
Appeal
  • Action for annulment or action to compel before the competent administrative court
Author

The text was automatically translated based on the German content.

Teaser

If you disagree with the content and result of a decision or administrative act (notice) issued by a public authority, you can lodge an objection.
The objection procedure is intended to help avoid legal disputes.

Process flow

The initial authority will review its decision on the basis of your objection. It may consider your objections to be justified on the basis of the new examination or the new facts that have become known. If your objection is upheld, it will revoke the decision or amend the decision in your favor (the objection will be "remedied"). It will also make a decision on costs. If the initial authority considers your objections to be unjustified, it will leave the decision unchanged.

If the initial authority does not amend the decision, it will submit the objection to the competent appeal authority. As a rule, the appeal authority is the authority that is technically superior to the original authority. There are exceptions in which the authority that issued the original decision also decides on the appeal.

The appeal authority now also examines the case in full. As a result of this examination, you will receive the notice of appeal from the appeal authority. With this, the appeal authority also decides who bears the costs of the appeal proceedings. The notice of appeal contains detailed reasons and information on legal remedies. It will be sent to you formally.

Who should I contact?

The authority is named in the decision against which you wish to lodge an appeal. It also explains how you can proceed.

Competent authority

The authority that issued the administrative act (original authority) is responsible for accepting the objection.

What are the fees?

  • usually subject to a charge

What deadlines do I have to pay attention to?

Objection deadline: 1 Month
nach Bekanntgabe des Verwaltungakts. Fehlt bei Ihrem Bescheid die Rechtsbehelfsbelehrung oder ist diese unvollständig beziehungsweise unrichtig, verlängert sich die Widerspruchsfrist auf ein Jahr.

Legal basis

Appeal

  • Action for annulment or action to compel before the competent administrative court

Author

The text was automatically translated based on the German content.

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