Individual decision

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The individual decision is an administrative act based on specific circumstances, often on an "exceptional basis". After that, the applicant often receives a so-called special permit .

This means that if a decision has been made on a case-by-case basis, this decision cannot automatically be applied to all other equivalent cases. It is therefore also said that this decision or this judgment has no so-called prejudicial effect. Conversely, there are also fundamental decisions that are provided with an addendum, so that individual decisions can differ. Individual decisions always take into account

  • the special circumstances and peculiarities of a case,
  • the personal circumstances of the people involved and also
  • the cultural and social environment.

Nevertheless, individual decisions must not be illegal.

An example is the assumption of costs by health insurance companies for a special treatment that was granted on the basis of an individual decision. Other patients cannot refer to this in order to be granted cost coverage themselves. Nevertheless, practice shows that the collection of different individual case decisions on the same topic and the associated argumentation can lead to a generalization of the individual cases, be it at the health insurance company, the authority or the court .