Teilabweisung

Teilabweisung is a legal term used in German administrative and judicial proceedings to describe a decision that partially denies a request while allowing other parts of the request to stand. In a Teilabweisung, the authority or court sustains certain aspects or reliefs and rejects others, in contrast to a Vollabweisung, where the entire claim is denied.

The concept relies on the possibility within a single procedure to address different elements of a claim or different requests for relief. The decision will usually specify which parts are granted and which are rejected, often with separate reasoning for each part. This allows for a more nuanced outcome than a blanket approval or rejection and can reflect the varying legal conditions, evidence, or statutory requirements applicable to the individual components of the claim.

Effects and procedure follow-up depend on the jurisdiction and the specific case. Typically, the granted parts become enforceable or implementable under the terms of the decision, while the rejected parts remain subject to appeal, revision, or a subsequent application for the unresolved issues. The partial nature of the decision can influence strategy in further proceedings, including the scope of potential remedies or remand to a lower instance for clarification.

Examples of contexts where Teilabweisung may occur include civil or administrative disputes in which damages or relief are awarded for certain claims but rejected for others, or in immigration and social welfare decisions where some benefits or protections are granted while others are refused. The term highlights the differentiated handling of components within a single decision.