A cancelling is present, if the administration waives an illegal act of administration.

The cancelling is regulated in "§ 48 VwVfG. Out "§ it results 48 I 1 VwVfG that the cancelling of an illegal loading act of administration of the authority is easily possible. For the cancelling VwVfG is responsible the locally responsible authority in accordance with "§ 48 V, even if the act of administration became to originally issue from another authority. The citizen can set a request at any time at the authority to cancelling and also sue the authority for it.

Closer conditions exist for the cancelling of an illegal act of administration, which brings a promotion for the citizen with itself. The administrative proceedings right differentiates between two kinds of promotions: Such by payments in cash or divisible contributions of equipment ("“payment in cash VA"”) and such, which justify other promotions. The most important difference consists of the fact that with a payment in cash VA already the cancelling fails, if a confidence worthy of protection of the addressee is present into the existence of the act of administration. Its confidence is already protected on the "“primary level"”. Different this is when other promotions: Here the authority is easily to the cancelling authorized, must however, as far as a confidence worthy of protection of the citizen existed, payment of damages carries out ("“secondary level"”). This separation is to prevent redundant payment rivers: With a payment in cash VA on the secondary level even if confidence protection was only ensured, this would lead to it that he would have to refund the furnished achievements, then repayment in the way of the payment of damages to however immediately require could. This is to be avoided by the differentiated regulation.

"§ 48 II 3 VwVfG contains some reasons, with which a confidence of the citizen is impossible. This catalog applies also to "§ 48 III VwVfG. The authority has one decision period (so the iurisdiction in accordance with "§ 48 IV VwVfG; another opinion regards this than working on period) from one year.

The reclaim of the achievements takes place if necessary via a act of administration in accordance with "§ 49a VwVfG.

If the conditions of a cancelling should not be present after "§ 48 VwVfG, a revocation is possible in accordance with "§ 49 VwVfG also with illegal acts of administration "“only quite"”.

With the cancelling of subsidy answer, which as Europeanillegal it turns out the effectiveness principle requires that the national administrative proceedings right may not make the back completion impossible. Therefore the regulations may not be used over the confidence protection as well as the period regulation in such cases. Beyond that the citizen cannot appoint itself in the context "§ of the 49a VwVfG to a Entreicherung.

Related links

• "§ 48 VwVfG
• "§ 49 VwVfG
• "§ 49a VwVfG

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