on the amendment and extension of an action in administrative court proceedings
On the basis of a motion for a preliminary ruling submitted by Panel No. K.III of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
- In administrative court proceedings, the frameworks for the judicial review of legality are determined by infringements specified within the statutory time limit for bringing an action. It is not permissible to indicate new infringements in addition to those mentioned within the time limit for bringing the action (prohibited amendment of the action).
- Pursuant to the first sentence of Section 43 (1) of Act I of 2017 on the Code of Administrative Litigation, after the expiry of the time limit for bringing the action, but before the end of the first hearing at the latest, plaintiffs shall be able to change only those reasons for the action which have been set out in connection with the infringements specified in the action. They may explain or detail the reasons for the action, may render them more precise, or may add to them further reasons, factual references, and references to the violations of the law if it is possible to establish that they follow logically from the argumentation of the action (permissible amendment of the action).
- After the expiry of the time limit for bringing an action, it is prohibited to extend the action to other provisions of the administrative act that have not been challenged by the action and can clearly be separated from the other provisions of the administrative act.
- The Curia’s Adjudicating Panel No. K.III. may depart from the interpretation of the law included in its order No. Kfv.37.754/2021/7, which was published in the Collection of Court Decisions. This order and other decisions with similar content may no longer be invoked as binding.