Notice of Legal Remedies (Rechtsbehelfsbelehrung): How Can You Challenge a Decision?

A typical text, sentence by sentence

An objection (Widerspruch) may be filed against this notice within one month after it was announced. The objection must be filed in writing, in electronic form, or recorded on site (zur Niederschrift) at the authority named above.

• “Objection (Widerspruch)”: This is the legal remedy. At the Finanzamt and the Familienkasse it is called Einspruch (appeal).
• “within one month after announcement”: The deadline starts with the announcement, not with the date of the letter.
• “in writing, electronically, or recorded on site”: A signed letter, the electronic route that is named, or in person at the office.
• “at the authority named above”: The objection goes to the office that sent the notice.

How do you calculate the deadline?

A month ends on the same calendar day of the following month. If a notice counts as announced on 9 October, the deadline ends on 9 November. If the end falls on a Saturday, Sunday, or public holiday, it ends on the next working day. What matters is that your objection arrives at the office by the end of the deadline.

What applies if the notice of legal remedies is missing or wrong?

If the notice of legal remedies is missing or incorrect, the normal deadline does not start to run in many procedures. In that case you can usually still respond within one year of the announcement. But don't rely on this without advice: whether the notice is really faulty is often a difficult question.