Is the step action admissible? The action, which is admissible as an action in stages, is unfounded at the first stage, which is currently being decided, because the claim for information, which exists in part, has already been fulfilled and there is no claim to deposit.
When does the step action come into consideration? A step-by-step action may be considered not only if the plaintiff is unable to quantify a claim, but also if there is other uncertainty about the scope of the claim.
Is a step action permissible according to the case law of the Federal Court of Justice? Such a step-by-step action is permissible according to the case law of the Federal Court of Justice (BGH ruling of July 12, 2016 - II ZR 74/14).
Action by the innkeeper against the cancellation of the restaurant license previously granted to him; action by the wife against the deportation order issued to her husband; (negative competitor) action by the cab operator against the subsidy notice issued to his competitor.
What to think of a claim in such a case? Rather, in such a case, an interpretation or reinterpretation of the claim within the limits of Section 88 VwGO must be considered, whereby in practice the court works towards the filing of a claim in the sense of the type of action permitted, Section 86 (3) VwGO ( marginal no. 36 ff. ).
The initial decision grants A a certain benefit; this can be, for example, a subsidy decision. The initial decision is cancelled by a notice of cancellation. Separately, the authority can now reclaim the benefits provided by means of a decision (so-called "VA").
The authority B grants A a certain benefit in an initial decision. This notice is revoked with effect for the past in accordance with §§ 48, 49 VwVfG. The authority also reclaims the benefit.
The inadmissibility of the administrative court action as a whole may not be inferred solely from the possible inadmissibility of the chosen type of action. According to the correct view, this would be a serious mistake.
What was the direction of the action before the administrative court? "The filing of the action before the Administrative Court was - regardless of the further course of the proceedings and in contrast to the filing of an appeal - precisely not aimed at initiating proceedings before the Higher Administrative Court.
Step-by-step action (§ 44 GKG) Dipl.-Kfm. Michael Scherer The step-by-step action is a special case of the objective accumulation of actions. In this case, the plaintiff can prepare his actual objective of the action step by step in several interconnected claims.
In addition, the admissibility of the administrative remedy may also result from the pendency of the proceedings in the appellate instance ( Section 173 sentence 1 VwGO in conjunction with Section 17a (5) GVG) or from the referral decision of the court of another legal remedy ( Section 173 sentence 1 VwGO in conjunction with Section 17a (2) sentence 1 GVG; see Exercise Case No. 5).
Is the opposition procedure an administrative procedure? Since the opposition proceedings are administrative proceedings, the first point of examination of the opening of the administrative remedy pursuant to Section 40 I 1 VwGO applies by analogy. This is indisputably a condition of admissibility, because Section 17 a II GVG does not apply to the opposition proceedings.
What is the opening of the administrative remedy? I. Opening of the administrative legal process - § 40 VwGO. The first prerequisite for the admissibility of administrative court proceedings is the opening of the administrative remedy ( § 40 VwGO ). § Section 40 VwGO is generally to be affirmed in the case of a municipal constitutional dispute, since the norms decisive for the dispute are taken from the GemO (resp.
What is the admissibility of administrative court proceedings? The first prerequisite for the admissibility of administrative court proceedings is the opening of the administrative legal process ( § 40 VwGO ). § Section 40 VwGO is generally to be affirmed in the case of a municipal constitutional dispute, since the norms that are decisive for the dispute are taken from the GemO (or