⏰ Deadlines and restoration of the original position

Missed a deadline? In some circumstances there is restoration of the original position (Wiedereinsetzung in den vorigen Stand), but only briefly and on application.

deadline Wiedereinsetzung (restoration of the original position) missed deadline end of deadline public holiday fault making up the omitted act

In brief

Deadlines are strict. If you miss them, you can lose your right.

If you were prevented through no fault of your own, there is restoration of the original position (Wiedereinsetzung in den vorigen Stand). You apply for it within two weeks after the obstacle ended (administration and administrative court), in social court proceedings within one month. You make up the omitted act within the same time.

If the end of the deadline falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day. This also applies to deadlines for court action. For deadlines set by authorities, the exception applies if the authority expressly names a date.

Step by step

Name the obstacleWhat prevented you (e.g. illness, postal error)?
Make up the omitted actFile the objection or court action immediately.
Make the applicationApply for restoration of the original position and set out the reasons in writing.
Attach evidenceMedical certificate, postal receipts, witnesses.

Deadlines

2 weeks

Application for restoration of the original position after the obstacle ended (administrative procedure and VwGO; 1 month if the deadline for giving reasons was missed for appeal, application for leave to appeal, appeal on points of law, complaint against denial of leave to appeal, complaint).§ 32 Abs. 2 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview); § 60 Abs. 2 VwGO

1 month

Application for restoration of the original position in social court proceedings.§ 67 Abs. 2 SGG

1 year

After that, restoration is in principle excluded (exception: force majeure).§ 32 Abs. 3 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview); § 60 Abs. 3 VwGO; § 67 Abs. 3 SGG

Watch out – common mistakes

The fault of an authorised representative is attributed to you (§ 32 Abs. 1 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview)).
Restoration is the exception. Do not rely on it.
For an objection, § 60 Abs. 1 to 4 VwGO applies accordingly (§ 70 Abs. 2 VwGO).
A grant of restoration cannot be challenged (§ 60 Abs. 5 VwGO); a refusal can be challenged with the appeal against the final decision.

In depth · legal basis, figures and practice – for advisers and professionals

Requirements

If someone was prevented through no fault of their own from observing a statutory deadline, restoration of the original position must be granted on application (§ 32 Abs. 1 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview); § 60 Abs. 1 VwGO; § 67 Abs. 1 SGG). The application must be made within two weeks after the obstacle ceased (§ 32 Abs. 2 VwVfG; § 60 Abs. 2 VwGO); under § 60 Abs. 2 VwGO one month applies if the deadline for giving reasons for an appeal, an application for leave to appeal, an appeal on points of law, a complaint against denial of leave to appeal or a complaint was missed; in social court proceedings within one month (§ 67 Abs. 2 SGG). The facts supporting the application must be substantiated when applying or during the procedure; the omitted act must be made up within the application period. One year after the end of the missed deadline, the application is inadmissible, except in cases of force majeure.

Calculating deadlines

Under § 31 Abs. 3 VwVfG (federal; Länder: Art. 31 BayVwVfG, § 31 VwVfG NRW, Berlin VwVfG Bln, see overview), a deadline that falls on a Sunday, public holiday or Saturday ends at the end of the next working day; this does not apply if the authority named a specific date and referred to the provision. The same applies to deadlines for court action (§ 57 Abs. 2 VwGO in conjunction with § 222 ZPO, § 193 BGB; § 64 Abs. 3 SGG).

Defective instructions

If the instructions on legal remedies were omitted or are incorrect, a one-year deadline generally applies (§ 58 Abs. 2 VwGO; § 66 Abs. 2 SGG).

Who is responsible

Authority or court with which the deadline was missed
Lawyer

Quick questions

Worum geht es bei „Deadlines and restoration of the original position“?

Missed a deadline? In some circumstances there is restoration of the original position (Wiedereinsetzung in den vorigen Stand), but only briefly and on application.

Which deadlines and figures matter?

2 weeks: Application for restoration of the original position after the obstacle ended (administrative procedure and VwGO; 1 month if the deadline for giving reasons was missed for appeal, application for leave to appeal, appeal on points of law, complaint against denial of leave to appeal, complaint). (§ 32 Abs. 2 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview); § 60 Abs. 2 VwGO)
1 month: Application for restoration of the original position in social court proceedings. (§ 67 Abs. 2 SGG)
1 year: After that, restoration is in principle excluded (exception: force majeure). (§ 32 Abs. 3 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview); § 60 Abs. 3 VwGO; § 67 Abs. 3 SGG)

What should I do first?

Name the obstacle: What prevented you (e.g. illness, postal error)?
Make up the omitted act: File the objection or court action immediately.
Make the application: Apply for restoration of the original position and set out the reasons in writing.

What do I need to watch out for?

The fault of an authorised representative is attributed to you (§ 32 Abs. 1 VwVfG (federal; Länder: Art. 32 BayVwVfG, § 32 VwVfG NRW, Berlin VwVfG Bln, see overview)).
Restoration is the exception. Do not rely on it.
For an objection, § 60 Abs. 1 to 4 VwGO applies accordingly (§ 70 Abs. 2 VwGO).

Evidence

Gesetze im Internet, § 32, § 31 VwVfG, retrieved 20 September 2026
Gesetze im Internet, § 60, § 58, § 70 VwGO, retrieved 20 September 2026
Gesetze im Internet, § 67, § 66 SGG, retrieved 20 September 2026

As of

September 2026 · Sources and method

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