Counterclaim for denial
The counterclaim for denial is a variant of the obligation suit in German administrative , social and financial court proceedings . The aim of the lawsuit is to convict the authority to issue a rejected administrative act .
The counterclaim for refusal is admissible if the authority has rejected an application for the adoption of an administrative act. The period of action is one month from delivery of the negative decision if the decision is accompanied by instructions on legal remedies . Otherwise the period is one year ( Section 58 VwGO). Before filing an action, an objection procedure may be required as a preliminary procedure . In some federal states (e.g. Bavaria , North Rhine-Westphalia and Lower Saxony ), however, this is no longer compulsory or completely abolished.
If the authority is sentenced to issue the coveted administrative act, the judgment has a cashing effect . If the compulsory action is successful, the legal situation is redesigned and the content of the determination of the negative administrative act contrary to the asserted claim is overtaken. This means that the administrative act that was first issued is repealed with the judgment.
The other variant of the mandatory action is the action for failure to act , which is required if the authority has not decided on an application for the issuance of an administrative act or an objection within a certain period of time ( § 75 VwGO, § 88 SGG). ( Section 46 FGO).
Depending on whether the matter is ready for a verdict, a decision on execution or a decision is issued in both cases .
Individual evidence
- ↑ Ernst, Christian / Kämmerer, Jörn Axel: Cases on General Administrative Law, 3rd edition, Munich 2016, p. 143 f.
- ↑ Art. 15 AGVwGO
- ↑ Schoch / Schmidt-Aßmann / Pietzner, Administrative Court Regulations, 22nd edition 2011, § 113 No. 64
- ^ VG Würzburg judgment of August 21, 2012, W 4 K 11.446
