Chapter 7
in forceSpecial provisions on objection and administrative appeal
Section 7.1
Notice of objection prior to appeal to the administrative court
The person to whom the right has been granted to lodge an appeal with an administrative court must, before lodging an appeal, file an objection…
In the notice of objection, the submitter may request the administrative authority to consent to a direct appeal to the administrative court, in…
Section 7.2
Special provisions on objection
Before an administrative authority decides on the objection, it shall give interested parties the opportunity to be heard.
The hearing of an interested party may be dispensed with if:
Up to ten days before the hearing, interested parties may submit further documents.
Unless the hearing is conducted by or jointly by the administrative authority itself or the chairperson or a member thereof, the hearing shall be…
Interested parties shall be heard in each other's presence.
A report is made of the hearing.
Upon the petition of the interested party, witnesses and experts brought by him may be heard.
If, after the hearing, facts or circumstances become known to the administrative authority which may be of considerable importance for the decision…
The administrative authority shall decide within six weeks or – if a committee as referred to in Article 7:13 has been established – within twelve…
If the objection is admissible, a reconsideration of the contested decision shall take place on the basis thereof.
The decision on the objection must be based on a sound statement of reasons, which is stated upon the notification of the decision. In this regard…
This article applies if an advisory committee has been established for the purpose of the decision on the objection:
Article 3:6, paragraph 2, Section 3.4, Articles 3:41 up to and including 3:45, Section 3.7, with the exception of Article 3:49, and Title 4.1, with…
If an objection against a decision on an application has been lodged by a person other than the applicant, the applicant is, for the purposes of…
For the consideration of the objection, no fee is due.
Section 7.3
Special provisions on administrative appeal
Before an appeal body decides on the appeal, it shall afford interested parties the opportunity to be heard.
The hearing of an interested party may be dispensed with if:
Up to ten days before the hearing, interested parties may submit further documents.
The hearing shall be conducted by the appellate body.
Interested parties shall be heard in each other's presence.
A report shall be made of the hearing.
Upon the petition of the interested party, witnesses and experts brought by him may be heard.
If, after the hearing, facts or circumstances become known to the appellate body which may be of considerable importance for the decision to be taken…
The appellate body shall decide within sixteen weeks, calculated from the day following the day on which the time limit for lodging the notice of…
Insofar as the appeal body considers the appeal admissible and well-founded, it annuls the contested decision and, insofar as necessary, takes a new…
The decision on the appeal must be based on a sound statement of reasons, which is stated upon the notification of the decision. In addition, if the…
Article 3:6, paragraph 2, Section 3.4, Articles 3:41 up to and including 3:45, Section 3.7, with the exception of Article 3:49, and Title 4.1, with…
If the appeal against a decision on an application is lodged by a person other than the applicant, the applicant shall, for the purposes of paragraph…
For the consideration of the appeal, no fee is due.