Nachprüfungsantrag

Nachprüfungsantrag is a procedural instrument in German public law that allows a person affected by a decision of a public authority to request the same authority to re-examine or correct that decision. It is intended to ensure that relevant new facts, errors in law or in the handling of a case are considered before pursuing court action, and it may serve as an intermediate remedy in some legal areas.

The availability and scope of a Nachprüfungsantrag depend on the applicable statute and the field of law. It is used across various areas of administrative law, sometimes as a prerequisite to or alternative to an appeal or judicial review, and in other contexts as a discretionary internal review mechanism within an agency. The exact procedure, grounds, and consequences vary by jurisdiction and by legal provision.

Procedure and content typically require the applicant to submit the request in writing to the authority that issued the decision, specifying the grounds for reconsideration and any new evidence. The authority then decides whether to reopen or revise its decision or to reject the request. If the Nachprüfungsantrag is rejected or deemed unfounded, the applicant may generally pursue further remedies, such as appeals or administrative court proceedings, subject to applicable time limits.

Time limits and effects are governed by the relevant legal provisions. A Nachprüfungsantrag must usually be filed within a statutory period after the notification of the contested decision; late filing is usually barred. Whether the request suspends enforcement of the decision varies by field; in many cases it does not have automatic suspensive effect unless the law provides otherwise.

In context, it is important to distinguish a Nachprüfungsantrag from other remedies like Widerspruch (objection) or Klage (lawsuit), as it serves a distinct function of sought-after internal reconsideration within the issuing authority rather than an external challenge to the decision.