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No instructions on legal remedies in the decision? Then often one year applies

Every German decision must say how and by when you can challenge it (Rechtsbehelfsbelehrung). If these instructions are missing or wrong, in many procedures one year applies instead of one month.

Where this applies

  • Tax office, Familienkasse, Hauptzollamt: § 356 Abs. 2 AO
  • Jobcenter, pension insurance, health and care insurance, employment agency: § 66 Abs. 2 SGG
  • Other authorities: § 58 Abs. 2 VwGO

There are exceptions, e.g. force majeure or if you were told in writing that no remedy is possible. Whether the instructions in your decision are »wrong« is for an advice centre to judge – when in doubt, rely on the shorter deadline in the deadline calculator.

Do you advise people with official letters?

Migration counselling, social and debt advice, integration courses: irot Brief calculates deadlines reliably and explains letters in the language of the people you help.

irot Brief for advisors