Information

The remedial procedure is the first part of the objection procedure.

After filing an objection against an administrative act, the authority issuing the administrative act (output authority) is required to carry out a remedial procedure.

The facts on which the administrative act is based must be fully re-examined by the originating authority to determine their legality and appropriateness. Newly presented facts or a change in the legal situation must be taken into account. The exam includes:

The originating authority has the opportunity to look into the matter again and review its decision. She has the following decision options:

  • If she wants to correct her initial decision, she can remedy the objection. A remedial notice is issued.
  • If it considers its initial decision to be legal, it forwards the objection to the objection authority, which then makes a decision in an objection notice.
  • If it considers the objection to be only partially justified, it can also provide partial relief. In this case, it must submit its decision on the partial remedy together with the objection to the objection authority, which has to decide on the remaining part of the objection.

See also

Remedy notice

Cost decision in the objection procedure

Reformation for the worse

Opinion in objection proceedings

Contradiction – justification

Objection notice

Objection notice

BVerwG April 28, 2009 – 2 A 8/08 (withdrawal instead of remedy)

BVerwG 01.07.1999 – 4 C 23/97

Gärditz: VwGO; 1. Auflage 2013

Weber: On the remedy according to Section 72 VwGO including cost decisions and their tenor; Municipal lawyer – KommJur 2006, 175