📄 Understanding a notice of decision
In brief
A notice of decision (Bescheid) is an authority's decision. It must give reasons. The authority must state the main grounds.
At the end comes the instructions on legal remedies (Rechtsbehelfsbelehrung). It says: what can you do? Where? By when?
If sent by post, the notice is deemed notified on the fourth day after it was posted. Your deadline runs from then. If it arrived later, this may be different.
Step by step
- Check the date and senderKeep the envelope with the postmark.
- Read the decision and the reasonsWhat is granted, refused or demanded? Why?
- Find the instructionsThe legal remedy, office, seat and deadline are stated there.
- Ask about anything unclear in writingThe authority is supposed to inform you about rights and obligations.
Deadlines
- The presumption of notification does not apply if the notice did not arrive or arrived later; then the authority must prove receipt and its date (§ 37 Abs. 2 SGB X).
- The deadline starts only if the instructions are complete: legal remedy, office, seat, deadline (§ 58 Abs. 1 VwGO).
- Some notices need no reasons, for example if the application is granted in full (§ 39 VwVfG (federal; Länder: Art. 39 BayVwVfG, § 39 VwVfG NRW, Berlin VwVfG Bln, see overview)).
- The deadline runs even if the reasons are inadequate; do not wait.
In depth · legal basis, figures and practice – for advisers and professionals
Reasons
Under § 39 VwVfG (federal; Länder: Art. 39 BayVwVfG, § 39 VwVfG NRW, Berlin VwVfG Bln, see overview), a written or electronic administrative act must be reasoned; the essential factual and legal grounds must be stated. For discretionary decisions, the considerations should be recognisable. Exceptions concern, among others, the mere granting of an application, the authority's view being known to the person concerned, similar mass procedures and cases in which a statute does not require reasons.
Notification
Under § 41 Abs. 2 VwVfG (federal; Länder: Art. 41 BayVwVfG, § 41 VwVfG NRW, Berlin VwVfG Bln, see overview), a written administrative act transmitted by post within Germany is deemed notified on the fourth day after it was posted; for electronic transmission, the fourth day after sending applies. § 37 Abs. 2 SGB X provides likewise; under it the presumption does not apply if the notice did not arrive or arrived at a later time, and the authority must prove receipt and its date.
Instructions
The time limit for a legal remedy starts only if instructions on the legal remedy, the authority or court, its seat and the time limit to be observed were given in writing or electronically (§ 58 Abs. 1 VwGO; § 66 Abs. 1 SGG). Otherwise the legal remedy is admissible within one year of service, notification or announcement, except in cases of force majeure or where the instructions stated in writing that no legal remedy was available.
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