The aim of a decision complaint is to achieve a different decision on the matter or to annul the decision. Anyone who can credibly claim to have been infringed upon in their rights by the decision of an administrative authority is entitled to lodge such a complaint. The complaint must be lodged within four weeks of service or announcement of the decision and submitted in writing to the authority that issued the decision.
For the complaint to be admissible, it must contain specific content:
- Identification of the contested decision
- Identification of the authority concerned
- Reasons on which the claim of unlawfulness is based
- Request
- Information on timeliness
Before the administrative court decides, the issuing authority has the opportunity to make a preliminary decision on the complaint. If it does not avail itself of this option, it must submit the complaint to the administrative court. Against a preliminary decision, it is possible to file a motion for referral, whereby the complaint is also submitted to the administrative court.
