Wegweiser Citizens and Authorities · Your rights in administrative procedure Deutsch

🏛️ Court action before the administrative or social court

When the objection gets you nowhere: deadline, court, representation and costs at a glance.

court action administrative court social court action for annulment action for an obligation to act deadline for court action exemption from costs

In brief

You can sue against the objection decision. The deadline is one month from service (administrative court) or notification (social court) of the objection decision.

For notices on social benefits, the social court is responsible. Otherwise usually the administrative court. The instructions name the court.

Before the administrative court and the social court you may represent yourself. Social court proceedings are free of charge for insured persons and benefit recipients.

Step by step

  1. Check the objection decisionNote the date of notification or service; the deadline is one month.
  2. Determine the courtThe instructions name the court and its seat.
  3. Write the claimAttach the notice and the objection decision, state the aim, sign.
  4. Clarify representationConduct the case yourself or appoint an authorised representative.
  5. Consider legal aidIf you cannot afford it, apply.

Deadlines

1 month
Action for annulment after service of the objection decision; without an objection procedure, from notification.§ 74 Abs. 1 VwGO
1 month
Action before the social court after notification of the administrative act or of the objection decision (§ 87 Abs. 2 SGG); abroad 3 months; in case of public notification one year.§ 87 Abs. 1 und 2 SGG
Watch out – common mistakes
  • The action for an obligation to act (refusal of an application) has the same one-month deadline (§ 74 Abs. 2 VwGO).
  • Representation is mandatory before the Federal Administrative Court and the higher administrative court (§ 67 Abs. 4 VwGO).
  • Exemption from costs in social court proceedings applies to insured persons, benefit recipients and people with disabilities and their special successors under § 56 SGB I (§ 183 SGG), not to all parties.
  • Costs in administrative court proceedings: amount not checked here.
In depth · legal basis, figures and practice – for advisers and professionals

Deadlines

Under § 74 Abs. 1 VwGO, the action for annulment must be brought within one month after service of the objection decision; if no objection decision is required, the deadline starts with notification. The same applies by analogy to the action for an obligation to act. Under § 87 SGG, the action must be brought within one month after notification of the administrative act; where there is a preliminary procedure, the deadline starts with notification of the objection decision (§ 87 Abs. 2 SGG), not only with service. In case of public notification, a one-year deadline applies under § 87 Abs. 1 Satz 3 SGG.

Representation

Under § 67 Abs. 1 VwGO, the parties may conduct the case themselves before the administrative court; representation is mandatory before the Federal Administrative Court and the higher administrative court (§ 67 Abs. 4). § 73 SGG allows self-representation before the social court and the Landessozialgericht (higher social court); those who may represent include lawyers, family members, trade unions and certain associations.

Costs

Under § 183 SGG, proceedings before the social courts are free of charge for insured persons, benefit recipients, people with disabilities and their special successors under § 56 SGB I; this does not apply to proceedings concerning excessively long court proceedings. Legal aid (Prozesskostenhilfe): § 166 VwGO, § 73a SGG (each with reference to the ZPO).

Who is responsible
  • Administrative court (Verwaltungsgericht)
  • Social court (Sozialgericht)
  • Lawyer
Further reading
Filing an objectionLegal advice assistance and legal aidFees and costs

Quick questions

Worum geht es bei „Court action before the administrative or social court“?
When the objection gets you nowhere: deadline, court, representation and costs at a glance.
Which deadlines and figures matter?
  • 1 month: Action for annulment after service of the objection decision; without an objection procedure, from notification. (§ 74 Abs. 1 VwGO)
  • 1 month: Action before the social court after notification of the administrative act or of the objection decision (§ 87 Abs. 2 SGG); abroad 3 months; in case of public notification one year. (§ 87 Abs. 1 und 2 SGG)
What should I do first?
  • Check the objection decision: Note the date of notification or service; the deadline is one month.
  • Determine the court: The instructions name the court and its seat.
  • Write the claim: Attach the notice and the objection decision, state the aim, sign.
What do I need to watch out for?
  • The action for an obligation to act (refusal of an application) has the same one-month deadline (§ 74 Abs. 2 VwGO).
  • Representation is mandatory before the Federal Administrative Court and the higher administrative court (§ 67 Abs. 4 VwGO).
  • Exemption from costs in social court proceedings applies to insured persons, benefit recipients and people with disabilities and their special successors under § 56 SGB I (§ 183 SGG), not to all parties.
Evidence
  • Gesetze im Internet, § 74, § 67 VwGO, retrieved 20 September 2026
  • Gesetze im Internet, § 87, § 73, § 183 SGG, retrieved 20 September 2026
  • Gesetze im Internet, § 166 VwGO, § 73a SGG, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.