Appealing a Bescheid: deadline and suspensive effect

Once an administrative decision (Bescheid) has been served, the question is rarely whether it can be challenged, but how quickly that must happen.

The deadline

The appeal to the administrative court (Verwaltungsgericht) must be lodged within four weeks of service, with the authority that issued the decision. The deadline is a statutory one and cannot be extended. The period runs from service, not from actual knowledge; where the decision is deposited for collection, it begins with the start of the collection period.

Suspensive effect

An appeal generally has suspensive effect; the authority can, however, exclude it where there is danger in delay. The economic outcome depends on this. Whether or not a business may keep operating during the proceedings is often more important than the outcome of the main matter. A separate remedy is available against the exclusion of suspensive effect.

What the appeal must contain

The appeal must contain the identification of the decision and of the authority concerned, the grounds, the relief sought and the information needed to assess whether it was lodged in time. A common mistake is to confine the appeal to the facts of the case. Anyone wishing to complain of a breach of procedural rules must show that, had the authority complied with them, it could have reached a different outcome.