@ 00 41 31 32 41 Yes men/ /ind EBG – Eisenbahngesetz vom Dezember would have simplified the administrative structure and Administrative Structures? . gemeines Eisenbahngesetz (General Railways Act); § 28(1) sent. 2 of the. Home» Fields of Law» Public» Administrative Procedure Law .. designated in the General Rail Act (Allgemeines Eisenbahngesetz), the.
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The appeal on points of law must designate the impugned judgment. The court, the presiding judge or the reporting judge whose ruling is being impugned may also otherwise determine that the execution of the impugned ruling is to be temporarily suspended. Section 62 1 The following shall be able to effect procedural acts 1. The application shall be lodged with the administrative court. The Higher Administrative Court shall review eisenbahngeserz dispute within the appeal on points of fact and law application to the same degree as the administrative court.
The period may not exceed one month. The eisenbahngesstz shall be restored to the state in which they were prior to the conclusion of the oral hearing. Section 60, subsection 2, shall apply mutatis mutandis to the case of force majeure. Subsection 1, second sentence, shall apply mutatis mutandis. The districts and cities not associated with a eisnbahngesetz draft a list of proposals for honorary judges every five years.
Section a 1 The administrative court shall admit the appeal on points of fact and law in the judgment if the grounds of sectionsubsection 2, No. In respect of the details, reference should be made to written statements, minutes and other documents insofar as the state of the facts and of the dispute emerges from them sufficiently.
Should the Higher Administrative Court come to the conclusion that the legal provision is invalid, it shall declare it to be null and void; in this case, the ruling shall be generally binding, and the respondent shall be required to publish the ruling in exactly the same manner as the legal provision would be required to be made public.
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Public-law disputes in the field of Land law may also be assigned to another court by a Land statute. Section 70 1 The objection shall be lodged in writing within one month after the administrative act has been announced to the aggrieved party, in writing or for the record of the authority which has carried out the administrative act. I’ll be really very grateful.
Section 79 1 The subject-matter of the rescissory action shall be 1.
eisenbahnesetz Sections to shall apply mutatis mutandis. Section 1 The court shall rule on the costs in the judgment or, if the proceedings are concluded by other means, by order. We admmin simply after the typical application where you have a “pdf creator” as one of your printers. Section 56a 1 If identical announcements are required to be served to more than fifty individuals, the court may order for the further procedure announcement by public notification.
Section If in cases covered by sectionsubsection 1, second eisennahngesetz, and subsection 5 and by section the authority fails to comply with the obligation imposed on it in the judgment or in the injunction, the court of first instance may, in response to a motion, by order including the setting of a deadline, threaten, determine after unsuccessful expiry of the deadline, and execute ex officio, a coercive fine of up to ten thousand Euros against it.
The reasoning must contain a specific motion, as well as the reasoning for the challenge reasoning for the appeal on points of fact and law eiseenbahngesetz be listed in detail. The administrative court shall not be empowered to not eisenbayngesetz the appeal on points of eisenbxhngesetz and law. Section The judgment may only be made by the judges and honorary judges who have attended the hearing on which the judgment is based.
Section 95 1 The court may order a party concerned to attend in person. Translation provided by the Federal Ministry for Justice and Neil Mussett and reproduced with kind permission. The appeal on points of fact admim law shall be admitted if one of the reasons of sectionsubsection 2, is explained and applies. Section 84 1 The court may rule by means of a summary decision without an oral hearing if the case does not show any particular factual or legal difficulties and the facts have been clarified.
The court may, by order, join several sets of proceedings pending with it regarding the same subject-matter to a joint hearing and decision and separate them once more. Each party concerned may request an amendment or rescission because of altered circumstances or because of circumstances not asserted in the original proceedings without fault. It may also be lodged at the administrative court for the record of the clerk of the registry.
It can be submitted subsequently; the court may set a deadline for this. Section 80 a 1 If a third party submits an appeal against the administrative act addressing another and favouring the latter, the authority may 1. If the objection is admitted within the deadline set by the court eisenbahnfesetz the administrative act carried out within this deadline, the main case shall be declared to have been eisenbbahngesetz.
The special provisions of civil service law, as well as those on legal recourse to compensate for property disadvantages for withdrawal of unlawful administrative acts, shall remain unaffected. Those concerned may carry out procedural acts only via the joint proxy-holder or deputy.
The reasoning shall be submitted to the court against whose judgment an appeal on points of law is to eisebahngesetz lodged. Counsel can be who in proceedings in which those concerned may carry on the dispute themselves is empowered to represent as a proxy-holder in the hearing. Section a The Higher Administrative Court may rule on the appeal on points of fact and law by means of an order if it unanimously considers it to be well-founded or ill-founded and does not consider an oral hearing to be necessary.
The first sentence shall also apply to disputes arising out of permissions which eisenbahnfesetz issued in place of project approval, as well as to disputes regarding all and any approvals eisenbahngeseyz permissions required for the project, including eisenbahngeserz concerning ancillary facilities which are either spatially or operationally linked to the project.
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The Land Governments may transfer empowerment to the supreme Land authorities responsible for administrative jurisdiction. This statement shall only be permissible if the authority is able to do so and this question is mature amin adjudication. After the public announcement of a ruling, those concerned may request a copy in writing; this shall also be indicated in the publication.
The deadline shall also be deemed to have been adhered to by virtue of its being lodged with the authority which has to issue the ruling on an objection. Section 34 Sections 19 to 33 shall apply mutatis mutandis to the honorary judges at the Higher Administrative Court if the Land legislature has determined that honorary judges are involved at this court.
If the document does not meet the requirements, this shall be notified to the sender without delay, stating the technical conditions applicable to the court. Section 53 1 The competent court within the jurisdiction of the administrative courts shall be determined by the next highest court 1. Section Section 22 No. In the case of a rescissory action brought against an administrative act issued by a federal authority or a federally incorporated body, institution or foundation under public law, territorial jurisdiction shall lie with the administrative court within whose district the seat of the federal authority, corporation, institution or foundation is located, subject to Nos.
Section 94 If the ruling on the dispute depends completely or partly on the existence or non-existence of a legal relationship which forms the subject-matter of another pending dispute or is to be established by an administrative authority, the court may order that the hearing is to be suspended until the other dispute has been settled, or until the decision by the administrative authority. Those concerned shall be notified by what means the further announcements will be made and when the document is deemed to have been served.
Section 6 1 The chamber should as a rule assign the legal dispute to one of its members as an individual judge for a ruling if 1. Section 46 The Higher Administrative Court shall adjudicate on the rights of 1.