Offizielle Internetpräsentation der IHK Saarland



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Legal Remedies


Upon your request as a service provider the EA-Saar coordinates the handling of your procedures and formalities, which are mandatory requisites for your occupation. We support you until the moment you conclude with the responsible authority. Then our collaboration ends.

Are you as applicant unhappy about the rulings by the authorities, because e.g. they ruled against your proposal you can then individually fight this decision, but you should first read the rights of appeal of the responsible authorities.

Dispute between the parties of receiving and providing services can be handled amongst themselves.

Civil Dispute with the Administrative Body

Appeal Procedures

A lodgement has to come before an appeal procedure. The appeal is formal and out of court and deals with an administrative decision or a rejection of an application. The administration reviews its decisions once more in an appeal procedure.

The appeal has to be filed within one month upon reception of the decision by the authorities. This has to come in writing or per memorandum to the responsible authorities who issued the decision. An authority higher up, reviews the decision once more. Every authority, by law has to give the appellant instructions on his or her rights to appeal.

Filling of Complaint

If the authority for appeals rejects the appeal, the service provider can seek legal protection from the administrative court. Here you must also read the rights of appeal for the responsible authorities. For authorities of the Saarland there are different types of suits, which you can find here www.vgds.saarland.de. With an action of opposition you can fight an administrative decision. The authority who issued the decision can be forced to drop a certain administrative decision whit a writ of mandamus. Another cause for a lawsuit is if the authorities take too long for no particular reason. If the authorities reacted in a different way than an administrative decision, the lawsuit can also contain affirmative action for a declaratory judgement.

Disputes concerning administrative law can usually receive a temporary decision through legal protection.

In administrative suits the most relevant legal means are the appeal and the complaint, if the legal and the de facto decision of the court should be reviewed. The deciding court informs itself about the instructions on the right to appeal, which is attached to the administrative decision. Therefore you should carefully read it first.

Civil disputes between the parties of receiving and providing services

If there is a legal dispute between service providers and receivers the prosecution can be contested. The federal court handles all disputes that have a claim valuing over € 5,000.00, and the district court handles everything below. The location of the local court is usually determined by the defendant’s location. Legally all parties are required to be represented by a lawyer. An overview of the courts in the Saarland can be found here:
http://www.saarland.de/2313.htm.

If the only dispute is for a sum of money then the courts can issue a judgment for a collection procedure. The Saarland and Rhineland-Palatinate have joint ownership of the court for collection procedures, which is located in Mayen, Rhineland-Palatinate. Information for the application can be found here:
http://www.mahngericht-online.de/mahngerichte/mayen.htm.

There are different legal actions and jurisdictions against a decision of the first instance. The court decides based on the instructions on the right to appeal which is also handed in. Here is another reason why you should carefully read this document.



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Legal Remedies