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Appeal against an administrative act (decision)
If you do not agree with the content and result of an administrative act (decision) of a public authority, you can usually lodge an objection against it.
The objection procedure is intended to help you avoid legal disputes.
Note: As a rule, you can only take legal action against an administrative act in court if you have received an objection notice rejecting your objection. Exceptions: Dispensability of the objection procedure, unreasonably long duration of the objection procedure
As a rule, it is not possible to lodge an objection against administrative acts of the regional councils and ministries, but to bring an action directly before the court. Exceptions are regulated by law.
Responsible authority
The authority that issued the administrative act (original authority) is responsible for receiving the opposition. However, the time limit is also met by filing the appeal with the authority that has to issue the notice of appeal.
Note: The exact name and address of the authority to which you must lodge an appeal can be found in the information on legal remedies. Since 27 May 2015, all authorities in the state have been required to include information on the right of appeal with every decision on contestable administrative acts, unless this is excluded by specialist law.
Details
Prerequisite
The objection must be lodged
- within one month
- in writing, in electronic form (as an electronic document with a qualified electronic signature, via an electronic form of the authority after prior proof of identity, from a special electronic mailbox, by De-Mail or via an administrative portal using an online form) or for the record
- with the original authority that issued the administrative act or with the appeal authority
to lodge an appeal.
Your letter of appeal should also contain the following information:
- Your name
- Your address
- Your telephone number
- Date of the objection
- Address of the authority to which the objection is addressed
- Date and reference number or file number of the decision against which you are appealing
- Declaration that you are lodging an appeal
- Reasons why you do not agree with the decision; you can also state facts that have been overlooked or are not yet known to the authority
- Your signature or qualified electronic signature
Procedure
You can lodge your opposition in writing, with your own signature, or you can present it orally and in writing directly to the original authority. You can also lodge your opposition in electronic form. However, this only applies if the original authority provides access for this purpose. In addition, you must observe the special regulations on electronic communication with public authorities when filing your opposition. A simple e-mail is not sufficient.
The original authority will re-examine its decision on the basis of your appeal. It may consider your objections to be justified on the basis of the new examination or the new facts that have come to light. In this case, it will cancel the decision or amend the decision in your favour. It will also make a decision on costs. If the original authority considers your objections to be unjustified, it will leave the decision unchanged.
If the authority does not amend the decision, it will submit the appeal to the competent appeal authority. As a rule, the appeal authority is the authority that is technically superior to the originating authority. There are exceptions in which the authority that issued the original decision also decides on the appeal. This is the case, for example, in self-administration matters or if the next higher authority is a ministry.
You will then receive the notice of appeal from the opposition authority. With this, the opposition authority decides on your request and also on who bears the costs of the opposition proceedings. The notice of appeal contains a detailed statement of reasons and instructions on how to appeal. It will be formally served on you.
Deadlines
As a rule, you must lodge an objection within one month of receiving the decision. The exact deadline can be found in the information on legal remedies.
If the information on legal remedies is missing from your decision or if it is incomplete or incorrect, the appeal period is extended to one year.
Please note: Make sure that your appeal is received by the authority within the deadline and that you can provide proof of this. If you send your objection by post, it should be sent by registered post. If you hand in your letter of objection to the authority in person, ask for confirmation of receipt. If you have lodged an objection with the authority for the record, ask for a copy of the record.
Required documents
none
Costs
- If the decision of the initial authority remains the same: typically between EUR 20 and EUR 5,000 depending on the
- Administrative costs,
- The importance of the object,
- the economic or other interests and
- Your financial circumstances.
The exact range of costs depends on your individual case. The applicable fee regulation is decisive.
- Change in your favour: You will be reimbursed for the expenses that were necessary to defend your rights. These may be telephone or postage costs, for example.
- If you are advised or represented by a lawyer, bear in mind that you will also incur costs as a result. Legal fees will only be reimbursed, even if the objection was successful, if it was necessary to involve a lawyer; this will be decided on application by the authority, which will also decide on the costs of the objection procedure.
Processing time
depending on the individual case
Miscellaneous
none
Legal basis
Verwaltungsgerichtsordnung (VwGO):
- §§ 68 - 73 Besondere Vorschriften für Anfechtungs- und Verpflichtungsklagen - Vorverfahren
Gesetz zur Ausführung der Verwaltungsgerichtsordnung (AGVwGO):
- §§ 15 - 18 Vorverfahren
Landesverwaltungsverfahrensgesetz (LVwVfG) und Verwaltungsverfahrensgesetz (VwVfG):
- § 3a Elektronische Kommunikation
- § 37 Bestimmtheit und Form des Verwaltungsaktes; Rechtsbehelfsbelehrung
- §§ 79, 80 Rechtsbehelfsverfahren
Gesetz zur Verbesserung des Onlinezugangs zu Verwaltungsleistungen (Onlinezugangsgesetz - OZG):
- § 9a Grundsätze der elektronischen Abwicklung über Verwaltungsportale; Schriftformersatz
Release note
machine generated, based on the German release by: Innenministerium und Justizministerium Baden-Württemberg, 09.10.2025
