Administrative court proceedings; application for interim legal protection

If you fear that you will suffer irreparable disadvantages, e.g. due to the execution of a contested administrative act or the withholding of a requested benefit, you can apply to the court of first instance for interim relief.

In urgent cases, it is possible to apply to the court for interim legal protection. In practice, the most common types are the proceedings pursuant to Section 80 (5) and Section 80a VwGO and the proceedings for a temporary injunction pursuant to Section 123 VwGO.

Proceedings can be initiated in writing, by letter, fax or in electronic form. The courts have set up an electronic mailbox for the electronic submission of documents. Electronic documents must either be provided with a qualified electronic signature of the person responsible or simply signed by the person responsible (i.e. with their own name at the end) and submitted via a secure transmission channel. In addition to the use of a sender-confirmed DE-Mail, secure transmission channels include the transmission of electronic documents to the electronic mailroom of the court via the special electronic lawyers' mailbox (beA), via the special electronic public authorities' mailbox (beBPo), the electronic citizens' and organizations' mailbox (eBO) and via the user accounts within the meaning of the Online Access Act, in each case after carrying out the identification procedure provided for therein. No legally binding declarations can be sent to the courts by simple e-mail.

An application pursuant to Section 80 (5), Section 80a VwGO aims to order or restore the suspensive effect of a legal remedy (objection or action for annulment). This enables a citizen who has received an immediately enforceable official decision and has filed a complaint or objection against it to prevent this decision from being enforced before the final decision of the court.

Alternatively, an application for a temporary injunction by the court can be considered, particularly if an official service or the issuance of an administrative act is requested; for example, to secure an existing situation if an affected party would suffer disadvantages that could not otherwise be remedied if an immediate measure were not taken.

As a rule, there is no oral hearing in interim relief proceedings. The judges decide by order without the involvement of honorary judges. This guarantees quick decisions.

If the application for interim relief is unsuccessful at the Administrative Court, an appeal can be lodged with the Administrative Court.

Applications for the granting of interim legal protection are generally not subject to a time limit. However, an application pursuant to Section 80 (5), Section 80a VwGO is only admissible until the expiry of the deadline for filing an action against the administrative act whose execution is to be prevented.

Proceedings before the administrative courts generally incur costs. A distinction must be made between court costs - court fees and court expenses - and out-of-court costs - in particular lawyers' fees. The amount of the court and lawyer's fees is calculated on the basis of the value in dispute determined by the court. Some court proceedings, such as asylum or youth welfare proceedings, are free of court costs.

If a party cannot bear the costs of a legal dispute themselves, legal aid may be granted. (see under "Related topics" and "Further links"). This can also be applied for without legal representation.

The court will decide by order whether the requirements are met.

The entire costs of a legal dispute are usually borne by the losing party. In many cases, court fees are due when the lawsuit is filed, which must be advanced by the plaintiff. If the action is successful, the costs are reimbursed.