✍️ Filing an objection
In brief
With an objection (Widerspruch) you ask the authority to review its decision again. You have one month for this, from notification of the notice.
Write: I object to the notice dated … Sign it. You can submit the reasons later.
The objection goes to the authority that issued the notice. You can also declare it there for the record.
Usually the decision is not enforced until the objection decision is issued. There are exceptions, though, for example for levies.
Step by step
- Calculate the deadlineOne month from notification; note the day of receipt.
- Write the objectionIdentify the notice, declare the objection, sign.
- Secure proofHand in against a receipt, by fax with a transmission report or by registered mail.
- Give reasons and check the fileSubmit the reasons later; ask for access to the file.
- Wait for the objection decisionAfter that, the one-month deadline for court action runs.
Deadlines
- Not every Land and area of law has an objection procedure. The instructions in the notice decide.
- Suspensive effect does not apply in exceptional cases (§ 80 Abs. 2 VwGO; § 86a Abs. 2 SGG), for example for levies or where immediate enforcement has been ordered.
- In case of doubt, enforcement can be suspended: in social law by the authority (§ 86a Abs. 3 SGG), in administrative law likewise by the authority (§ 80 Abs. 4 VwGO) or, on application, by the court (§ 80 Abs. 5 VwGO).
- An objection sent to the wrong office can cause deadline problems; in social law it is forwarded (§ 84 Abs. 2 SGG).
In depth · legal basis, figures and practice – for advisers and professionals
Form and place
Under § 70 Abs. 1 VwGO, the objection must be lodged within one month after the administrative act was notified to the person affected, in writing, in electronic form or for the record with the authority that issued the administrative act. The deadline is also met if the objection reaches the authority that has to issue the objection decision. Under § 70 Abs. 2 VwGO, §§ 58 and 60 Abs. 1 to 4 VwGO apply accordingly (instructions, restoration of the original position). Under § 84 SGG a one-month deadline applies (three months if notified abroad); an objection lodged with another domestic authority, an insurance provider or a foreign mission also meets the deadline and must be forwarded to the competent office. § 84 Abs. 2 Satz 3 SGG refers to §§ 66, 67 SGG (instructions, restoration of the original position).
Suspensive effect
Under § 80 Abs. 1 VwGO, an objection and an action for annulment have suspensive effect. It does not apply, among other things, to public levies and costs and where immediate enforcement is ordered in the public interest or an overriding interest (§ 80 Abs. 2). The court can restore it on application (§ 80 Abs. 5). § 86a SGG provides likewise; there it does not apply, among other things, to decisions on contributions and levies and to the withdrawal or reduction of ongoing benefits in the cases of para. 2. Under § 86a Abs. 3, enforcement can be suspended, especially where there are serious doubts about legality or undue hardship.
Costs
If the objection succeeds, the public body reimburses the necessary expenses (Art. 80 BayVwVfG / § 80 VwVfG NRW / § 80 VwVfG in conjunction with VwVfG Bln; § 63 Abs. 1 SGB X for social benefits). Lawyer's costs in the preliminary procedure are reimbursable if engaging a lawyer was necessary.
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