Current language: English

Formal decisions, cautions, appeals and deadlines

1. If you have received a formal written decision from an authority with which you do not agree, the respective review authority and then the court (administrative court of Berlin, social court of Berlin or the fiscal court or local court) are responsible for examining the legality and expedience of the decision.

The Ombudsman cannot overturn administrative decisions that have become final and legally binding. It is therefore imperative that you note the respective deadlines for applying for judicial remedies (objection, appeal) or redress (legal action). Court decisions can only be challenged through the designated legal avenues.

2. An objection must be drawn up in writing, signed and submitted to the competent appeals body within one month of receiving the decision. Please note the instructions for legal remedy at the end of the decision.

3. To prevent a decision on a fine from becoming final and therefore unchallengeable, an appeal must be lodged within two weeks of receiving the decision (Section 67 of the Law on Administrative Offences, OWiG). The appeal must be lodged with the fines office that issued the decision. This must be done by letter or – depending on the fines office – possibly by email. The date on which the appeal is received by the fines office will be decisive for determining whether it was lodged in a timely manner. The lodging of an appeal inhibits the payment obligation (unlike other public fees and costs; see Section 80 paragraph 1.1 VwGO).

If you only require an internal and (up to that point) free review of the decision by the fines office, please make this expressly clear. Otherwise, the fines office may interpret your submission as an appeal and refer this to the local court for a decision. You will have to bear the costs of the proceedings at the local court (see Section 68 OWiG) if you lose the case.

4. In the case of very minor administrative offences, the authorities may decide to issue a caution and levy a cautionary fine of between five and fifty-five euros (see Section 56 OWiG).
The caution is an offer which you are not obligated to accept. It only becomes effective if, after being informed of your right to refuse, you agree to it and pay the cautionary fine within one week at the latest.

If you object to the caution and the authorities abide by their decision, they will issue a penalty notice, which will amount to the cautionary fine plus a processing charge.