Please note: This is a translation of the official (German) regulations and is intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes!
Information on the rights of legal appeal
You may lodge an objection (see 1) or directly file a lawsuit (see 2) against any decision or ruling of the Examination Board (e.g. on submitted requests or applications) within one month of being notified.
1. If you lodge an objection
You must either submit your objection in writing to the Otto-Friedrich-Universität Bamberg, 96045 Bamberg, or visit Kapuzinerstr. 16, 96047 Bamberg for transcription of your objection. If an objective decision is not made within a reasonable period of time without sufficient reason, you may file a suit in writing with the Bavarian Administrative Court of Bayreuth, 95422 Bayreuth, or visit the court registry clerk at Friedrichstr. 16, 95444 Bayreuth for transcription of your statement. You may not file a lawsuit before the expiry of three months from the filing date of your appeal, unless a shorter period is required due to special circumstances of the case.
In filing the lawsuit, you must indicate the plaintiff, the defendant (Otto-Friedrich-Universität Bamberg) and the subject of the claim. Additionally, you must also make a specific claim and indicate the facts and evidence to be submitted in support thereof. You should enclose the original or a copy of this notification with the statement of claim. You should include copies of all documents for the other parties to the lawsuit
Notes on objection proceedings:
- The objection must be substantiated, otherwise it must be decided according to documents on record.
- If an objection has been received without substantiation, the objecting party will not be asked separately to provide substantiation.
- An unsuccessful objection is always subject to a fee. In case of rejection, the fee is usually 50 €, in case of withdrawal of the objection, it is usually 25 €, in each case plus any delivery costs.
2. If you file a lawsuit directly:
You must file your lawsuit within one month of notification of the decision with the Bavarian Administrative Court in Bayreuth, 95422 Bayreuth, Germany, street address: Friedrichstr. 16, 95444 Bayreuth, in writing or in person for transcription by the court registry clerk. In the filing, you must indicate the plaintiff, the defendant (Otto-Friedrich-University of Bamberg) and the subject of the claim. Additionally, you must also make a specific claim and indicate the facts and evidence in support thereof.. You should submit the original or a copy of this notification with your filing. You should include copies of all documents for the other parties to the lawsuit.
Information on taking legal remedies:
- The Act amending the Act on the Implementation of the Administrative Court Regulations of 22 June 2007 (GVBL p. 390) introduced an optional appeal procedure in the area of personal examination decisions, which provides a choice between filing an appeal and filing a lawsuit.
- The filing of an objection and filing of a lawsuit in electronic form (e.g. by e-mail) is not permitted.
- By virtue of federal law, since 01.07.2004, an advance payment of fees generally required for legal protection requests made to the Administrative Court.