Court order
The court order is replaced in the administrative process and in tax court and social court proceedings, the judgment ( § 84 Code of Administrative Procedure , § 90a FGO , § 105 SGG ). It comes out differently than the judgment without an oral hearing .
It is only issued by the professional judges without the participation of honorary judges . Those involved in the process must be heard before the court ruling is issued.
The court order may only be issued instead of a judgment if the matter does not present any particular difficulties of a factual or legal nature and the facts of the matter have been clarified.
The court order has the effects of a judgment ( Section 84 (3) VwGO). It can therefore be attacked with the same legal remedies as a judgment. In certain cases, an application may be made to hold an oral hearing instead of an appeal. With the introduction of the authorization appeal in the VwGO ( § 124 ff.) On January 1, 1997, the court decision in the administrative process has lost its practical importance, because there is always the possibility of a subsequent application for an oral hearing, which has the consequence that the court decision is then deemed not to have been issued (Section 84 (3) VwGO) and the proceedings must be continued. There is also this possibility in financial and social court proceedings.
Appeal proceedings before the Higher Administrative Court or Administrative Court and the Regional Social Court may not be decided by a court decision.
