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IT-Verbund Schleswig-Holstein

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Judicial remedies / objection proceedings


If the relevant authority partially or completely rejects your request for recognition of professional qualifications, you may lodge an objection against the notice of objection with the authority rejecting your request.

Objection proceedings and action for failure to act

When filing an objection, which must contain apart from the precise designation of the notice of objection a motion of appeal stating the reasons, the objection period must be adhered to.

The following table gives an overview of the individual objection periods and shows how to proceed if the competent authority fails to act.

Initial situationPeriodWhat to file and whereLegal foundations
The notice of objection contains instructions on legal remedies1 month from the date the notice was servedFiling of an objection with the authority mentioned in the legal remedies§ 119 (1) LVwG Schleswig-Holstein in conjunction with §§ 70 (1), 58 (1) VwGO
The notice of objection contains no instructions on legal remedies1 year from the date the notice was servedFiling of an objection with the competent authority§ 119 (1) LVwG Schleswig-Holstein in conjunction with §§ 70 (2), 58 (2) VwGO
The authority fails to act despite submission of a complete application including all documents required3 months from submission of the applicationAction for failure to act brought against the local competent administrative court§ 119 (1) LVwG Schleswig-Holstein in conjunction with § 75 VwGO

Notes on deemed clearance

Contrary to Article 13 (4) of the Services Directive (2006/123/EC), the Directive on the Recognition of Professional Qualifications contains no general provisions regarding deemed clearance, not even in the revised version from 20 November 2013 (2013/55/EU). (Legal basis: Article 51 (3) of the Directive on the Recognition of Professional Qualifications)

Failing a response by the competent authority, authorisation shall only be deemed to be granted in the special case of an application for a European Professional Card. (Legal basis: Article 4 d (5) of the Directive on the Recognition of Professional Qualifications)


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