Missed a deadline? Reinstatement (Wiedereinsetzung)
If you missed a deadline through no fault of your own – for example because you were in hospital or the letter never arrived – you can apply to be treated as if you had met it. That application has its own deadline, and it is short.
How it is calculated
- The deadline starts when the obstacle ends. That day does not count; the deadline starts the day after (§ 187 Abs. 1 BGB).
- If it ends on a Saturday, Sunday or public holiday, it ends on the next working day.
- The missed step itself – the objection or the action – must be taken within the same deadline.
- One year after the end of the missed deadline the application is excluded, except for force majeure. Criminal and fine proceedings have no such limit.
Deadlines at a glance
| Missed deadline | Application deadline | Law | Limit |
|---|---|---|---|
| Objection to another authority (city, immigration office …) | two weeks | § 32 Abs. 2 VwVfG | 1 year (§ 32 Abs. 3 VwVfG) |
| Objection: Jobcenter, pension, health insurance (social benefits) | two weeks | § 27 Abs. 2 SGB X | 1 year (§ 27 Abs. 3 SGB X) |
| Objection to the tax office or Familienkasse (child benefit) | one month | § 110 Abs. 2 AO | 1 year (§ 110 Abs. 3 AO) |
| Action at the administrative court | two weeks | § 60 Abs. 2 VwGO | 1 year (§ 60 Abs. 3 VwGO) |
| Action at the social court | one month | § 67 Abs. 2 SGG | 1 year (§ 67 Abs. 3 SGG) |
| Civil court, e.g. objection to an enforcement order | two weeks | § 234 Abs. 1 ZPO, § 234 Abs. 2 ZPO | 1 year (§ 234 Abs. 3 ZPO) |
| Objection to a fine notice or penalty order | one week | § 45 Abs. 1 StPO, § 52 Abs. 1 OWiG | none |
When can reinstatement apply?
Only if you missed the deadline through no fault of your own. Whether your reason is enough is decided by the office where the deadline ran – or by the court. A representative's fault counts as yours.
General information, not legal advice. If a lot is at stake: an advice centre, social association or lawyer.