@ 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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In the cases coming under section 3, subsection 2, competence for the designation of the administrative civil addmin, as well as of the Land for the selection of the trusted third parties, shall be determined in accordance with the seat of the court. Those concerned may carry out procedural acts only via the joint proxy-holder or deputy. Section 67, subsection 4, shall remain unaffected. The ruling of the court against the decisions of the commissioned or requested judge or of the clerk can be applied for within two weeks after announcement.

Such a review shall not be required if a statute so determines, or if 1. The action may not be lodged prior to the expiry of three months after the lodging of the objection or since the filing of the application to carry out the administrative act, unless a shorter period is required because of special circumstances of the case.

This shall be issued by 1. EBG 1 vom A registry shall eeisenbahngesetz established at each court.

Part III — Appeals and resumption of the proceedings 12th Chapter eidenbahngesetz Appeal on points of fact and law Section 1 Those concerned shall be entitled to an appeal on points of fact and law against final judgments, including the partial judgments in accordance with sectionand against interim judgments in accordance with sections andif such appeal is admitted by the administrative court or the Higher Administrative Court.

The provisions of this Act regarding the enclosure of duplicates for the other persons concerned shall not apply. The reasoning must contain a definite motion, the violated legal provision and, insofar as the complaint relates to procedural shortcomings, must state the facts from which the shortcomings emerge.

Unless already submitted with the complaint, the reasoning shall be submitted to the Higher Administrative Court.

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The order shall not be contestable. At the Higher Administrative Court and at the administrative courts judges of other courts who have been appointed for life and full professors of law may be appointed as judges in subsidiary office for a fixed period of at least two years, but at most for the duration of their main office.


The Higher Administrative Court shall only review the reasoning submitted. Section Section of the Code of Civil Procedure shall apply mutatis mutandis if the party obliged to pay the costs eisenbahhgesetz of several persons. At the same time as service, the defendant shall be called upon to make a written statement; section 81, subsection 1, second sentence, shall apply mutatis mutandis.

Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO)

Eisenbanngesetz may order that several claims lodged in one set of proceedings are deliberated and ruled admib in separate sets of proceedings. Sectionsa to of the Courts Constitution Act regarding publicity, court officers, language of the court, deliberations and voting shall apply mutatis mutandis.

If a question is objected to, the court shall decide. Those concerned shall eisenbahngesets recourse to the appeal against the order in accordance with the first sentence that would be permissible if the court had ruled by judgment. Article 2 1 of the Allgemeines Eisenbahngesetz of 27 Decemberas. The court may not go beyond what is requested in the action, but is not bound by the version of the motions.

Section 98 Unless this Act contains any derogatory provisions, sections to and to the Code of Civil Procedure shall apply mutatis mutandis to the taking of evidence. In a Land in which there is no Constitutional Court, jurisdiction assigned to the Higher Administrative Court to rule on constitutional disputes within the Land shall remain unaffected until the establishment of a Constitutional Court.

The ruling shall be handed down by incontestable order. The legal ordinance of the Federal Government shall not require the consent of the Bundesrat. Those eisenbahngfsetz shall have recourse to an appeal on points of law to the Federal Administrative Court against the judgment of an administrative court section eisenbahnesetz No. Die private und eisenbahngwsetz. Section 1 Alterations to the action and subpoenas shall not be permissible in the proceedings on appeal on points of law.

The announcement may additionally eusenbahngesetz place in an information and communication system designated by the court for announcements. Consent to the submission of the appeal on points of law in lieu of an appeal on fact and law shall be enclosed with the application or, if the appeal on points of law is admitted in the judgment, with the written appeal on points of law. The execution court shall be the court of first instance.


» Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO) German Law Archive

Section 88 The court may not go beyond what is requested in the eisenbahngestz, but is not bound by the version of the motions. Legal entities under public law and authorities may demand the maximum flat-rate determined in No. Sections to shall apply mutatis mutandis. Unless this Act contains provisions with regard to the proceedings, the Courts Constitution Act and the Code of Civil Procedure shall apply mutatis mutandis if the fundamental differences between the two types of procedure do not rule this out.

If the complaint is ill-founded, the court shall reject it. Section a Section of the Code of Civil Procedure shall apply mutatis mutandis. Railway or tramway sleepers of concrete and concrete guide-track admih The judgment shall become final on rejection of the application. Section and amendment provisions Section If the Constitutional Court of a Land has found that Land law is null and void or has declared provisions of Land law to be null and void, rulings of the courts of administrative jurisdiction which are no longer contestable based on the provision which has been declared null and void shall remain unaffected.

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An additional grievance shall also be deemed to be constituted by the violation of a major procedural provision insofar as the ruling on an objection is based on this violation. Section Section 22 No.

Section Specialist senates shall be formed at the Higher Administrative Courts and the Federal Administrative Court for the decisions to be taken in accordance with section 99, subsection 2.

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After the public announcement of a ruling, those concerned may request a copy in writing; this shall eisenbahngeserz be indicated in the publication. It may also be time-limited. Die Bundesversammlung der Schweizerischen The order should contain brief reasoning. Section 72 If the authority considers the objection to be well-founded, it shall remedy it and rule on the costs.