Interim notification
An interim decision is in administration and economy , a document described by authorities or companies will be sent if it is foreseeable by this that the processing of an application or transaction will take a long time, until a final decision will be issued and a final transaction can be done .
General
The interim decision originally comes from the administrative procedure . It was later adopted in the economy to give the customer or citizen a submission notice, a preliminary decision or an interim decision if the processing is likely to take a long time. In the business world, the term interim notification is used colloquially and has a purely actual effect by pointing out the longer processing time to the addressee. The interim notification has no legal consequences here.
Procedural significance
A license applied for is deemed to have been granted after a deadline set for the decision has expired (license fiction) if this is ordered by legal regulation and the application is sufficiently determined ( Section 42a (1) sentence 1 VwVfG). In order to prevent this fictitious approval from occurring, the authority can issue an interim decision with the result that the legally specified deadline is extended before its expiry by the period necessary to be able to complete the review of the approval requirements.
This is stipulated by law, for example in Section 22 (5 ) BauGB , Section 15 (1) sentence 3 PBefG or Section 6 GrdstVG .
requirements
The interim notification according to Section 15, Paragraph 1, Clause 3 PBefG is related to the official permit for passenger transport by trams , trolleybuses or motor vehicles in regular service . If the examination of the application cannot be completed within 3 months, the period before its expiry must be extended in an interim notification to be communicated to the applicants by the period necessary to complete the examination. In order to be effective in accordance with Section 15 (1) PBefG in formal and material terms, this presupposes that the locally and materially competent authority decides that the decision on the extension of the deadline is made before the deadline expires, that the decision deadline is extended, that the extension is no more than three months and that this will be communicated to the applicant.
The specification of the end date of the extended decision period is not required for the interim decision to be effective, nor is a justification required.
After the deadline has expired, the authority has to issue a corresponding certificate or approval document upon request (Section 22 (5) sentence 5 BauGB, Section 15 (2) PBefG, Section 6 (3) GrstVG).
Legal protection
The interim decision is not an administrative act , but an official procedural act within the meaning of § 44a VwGO , which cannot be separately challenged. An objection to an interim decision is therefore not permitted.
After the decision period extended in the interim decision has expired, declaratory action according to 43 VwGO are raised with the application to determine that the approval fiction has occurred with regard to the approval applied for. In this context, the ineffectiveness of an interim decision can also be asserted.
If the issuance of an inadmissible interim decision results in financial loss to the detriment of those involved, an official liability claim according to § 839 BGB, Art. 34 GG into consideration.
Interim message
In § 14 para. 1 Joint Rules of Procedure of the Federal Ministries (GGO) provides that requests, questions and complaints shall be completed as quickly and as easily as possible. If the answer requires a period of more than four weeks, an interim message must be given.
Demarcation
If an authority informs an applicant that the decision on a coveted service has not yet been made, this notification does not have its own regulatory content. Such an “interim notification ” is a real act which cannot be challenged with legal remedies.
The term is sometimes used as a synonym for a procedural interim decision about the existence of process-relevant circumstances.
The preliminary building permit clarifies fundamental questions in building law regarding the permissibility of the building project under building planning law. Unlike the interim decision, it takes a technical position in advance of the building application; There is a legal entitlement to the issuance of a preliminary building permit, but an interim decision is at the discretion of the authority.
economy
The interim notification was adopted in the economy (here also delivery notification , interim notification ) and is intended to inform customers about the status of a process or the conclusion of a contract and avoid their further inquiries . It has no legal consequences, because administrative regulations are not applicable here.
The interim notification should relate to the order , application , customer order or complaint , contain the reason for the delay and specify the date of the planned conclusion. Interim notifications are part of the delivery service and maintain the business relationship . In the economy - unlike in the administration - interim notifications are not legally binding .
Examples are private or public application and selection processes, maintaining supply relationships or dealing with customers in complaint management .
Individual evidence
- ^ German Society for Human Resources: Citizens and Authorities. 1951, p. 22.
- ^ BGH, decision of April 23, 1968 - V BLw 6/68 = WM 1968, 753; OLG Celle RdL 1967, 128; a. A .: OLG Munich RdL 1967, 126.
- ↑ VG Sigmaringen, judgment of April 5, 2016 - 4 K 900/15 marginal no. 37, 38.
- ↑ BVerwG, judgment of 22 September 2016 - 2 C 16.15 marginal no. 16 f.
- ↑ Gerd Möller, Jens Bebensee: Landesbauordnung Schleswig-Holstein 2016: with short commentary. 2017, p. 37 ( books.google.de ).
- ↑ BGH, judgment of June 3, 1993 - III ZR 104/92
- ↑ Interim decision - information and legal advice German lawyer hotline, April 20, 2015.
- ↑ BVerfG, decision of March 18, 2009 - 2 BvR 2025/07 para. 17th
- ↑ Wolf-Rüdiger Schenke: Administrative procedural law. 2009, p. 160 ( books.google.de ).
- ^ A b Eva C. van Leewen: Language learning as an investment in the future. 2005, p. 179 ( books.google.de ).
- ^ A b Gisa Briese-Neumann: Business letters. 1995, p. 47.
- ↑ a b Duden editorial office: Duden advice - write letters and emails well and correctly. 2013, p. 397 ( books.google.de ).
- ↑ Aperitif letter to applicants. Skilled foreplay. In: Der Spiegel . September 14, 2006 ( spiegel.de ).
- ↑ University of Stuttgart, as of: 07/2015, guidelines for the procedure for creating appointment proposals for W2 and W3 professorships
- ↑ Management: This is how you correspond today. In: Deutsche Apothekerzeitung . May 18, 2009.
