Continuation of a procedure
March 1, 2012 | 30,00 EUR | answered by Jan Wilking
Hello,
I received a decision from an authority with which I disagreed. I filed an appeal. However, the appeal decision confirmed the initial decision. At the same time, I have found additional evidence that could influence the outcome of the proceedings.
The authority is referring me to the legal remedies (i.e. filing a lawsuit with the administrative court).
How can I force the continuation of the proceedings at the authority, as I expect a different outcome with the new evidence?
Do I have to file a lawsuit with the administrative court?
What kind of application do I need to submit? (Request for continuation?)
Who is responsible for covering the court costs?
How much are the costs?
Dear inquirer,
I am happy to answer your inquiry taking into account the facts you have provided and your commitment as follows:
With the issuance of the decision on the objection, the preliminary proceedings according to §§ 68ff. VwGO are completed. There is generally no right to "continuation". If the objection authority has rejected the objection, i.e. the request to repeal the burdensome "initial decision", you can file a lawsuit with the administrative court within one month after receiving the decision on the objection.
The purpose of this action for annulment according to § 42 VwGO is to repeal the initial decision in the form of the decision on the objection through the administrative court's judgment. Therefore, the application must also be worded accordingly. In this process, you can present evidence. You can also seek assistance with formulating the lawsuit to be submitted at the legal aid office of the competent administrative court.
As a general rule, the party who is unsuccessful in the case bears the costs of the proceedings. So if you win the lawsuit, you will be reimbursed for the court costs.
The court costs are calculated based on the amount in dispute. The amount in dispute depends on the significance of the matter for the plaintiff. The amount in dispute therefore depends on the specific content of the decision. A dispute value catalog can provide you with initial guidance, available for example at http://www.bverwg.de/files/a8dfc14c4f5f4c5633796a3111d1c1ef/2283/Streitwertkatalog2004Original.pdf. You can read about the court costs dependent on the amount in dispute here: http://www.verwaltungsgericht-goettingen.niedersachsen.de/portal/live.php?navigation_id=19368&article_id=71291&_psmand=125.
I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that I cannot give you a conclusive advice here without knowing all the circumstances as part of an initial consultation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.
Best regards
