Lower Saxony Higher Administrative Court

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Courthouse Uelzener Straße 40 in Lüneburg

The Lower Saxony Higher Administrative Court , also known as the Higher Administrative Court Lüneburg (OVG Lüneburg) after its seat and formerly (Joint) Higher Administrative Court for the states of Lower Saxony and Schleswig-Holstein , is the higher administrative court of the federal state of Lower Saxony located in Lüneburg and thus forms the top of the administrative jurisdiction of this state.

Seat and District of the Court

The Lower Saxony Higher Administrative Court has its seat in Lüneburg . It emerged from the Foreign Chamber in Lüneburg of the Provincial Administrative Court in Braunschweig, which had been established by Ordinance No. 165 of the British Military Government on September 15, 1948. The OVG in Lüneburg was established by law March 28, 1949 to April 1, 1949, first as a higher administrative court for the state of Lower Saxony ; with the State Treaty of 7./25. July 1949, its jurisdiction was extended to the state of Schleswig-Holstein as a joint higher administrative court for the states of Lower Saxony and Schleswig-Holstein . Since the establishment of the Schleswig-Holstein Higher Administrative Court in Schleswig in 1991, the judicial district of the Higher Administrative Court only consists of the state of Lower Saxony.

Instance move

The Lower Saxony Higher Administrative Court is subordinate to the Federal Administrative Court .

The seven administrative courts in Braunschweig , Göttingen , Hanover , Lüneburg , Oldenburg , Osnabrück and Stade are subordinate .

history

The Higher Administrative Court was established on April 1, 1949 as a joint administrative court for Lower Saxony and Schleswig-Holstein and until 1991 was called the Upper Administrative Court of Lüneburg . With the establishment of its own higher administrative court for the state of Schleswig-Holstein , the court took on the name Lower Saxony higher administrative court .

Since 1949 the court has been housed in the officers' mess, built in 1938 in the former Scharnhorst barracks at Uelzener Straße 40 opposite the spa gardens.

The Lower Saxony Higher Administrative Court is known for the fact that, contrary to prevailing opinion, it interprets Section 80a VwGO to the effect that, in the case of administrative acts with third-party effects, an application for suspension of execution must first be made before urgent judicial protection can be claimed.

See also

Web links

Individual evidence

  1. ^ History of the Lower Saxony Higher Administrative Court. (PDF) Lower Saxony Higher Administrative Court, accessed on October 16, 2017 .
  2. ↑ Hans-Cord Sarnighausen: On the building history of the OVG in Lüneburg, in: Lüneburger Museums-Blätter 29, 1993, pp. 97–109 with illus. Pp. 145–160; ders .: Biographies of well-known judges at the OVG Lüneburg after 1949, in: Archiv f. Family history research, issue 1/2005, pp. 2–21
  3. ↑ Decision of July 8, 2004 - 1 ME 167/04 .

Coordinates: 53 ° 14 ′ 14.1 ″  N , 10 ° 24 ′ 18 ″  E