Search results

19 Document type: Judgment Source: Legal norms: § 59 (4) BDSG, § 113 (5) sentence 1 VwGO Tenor The defendant is ordered to provide the applicant with the

new decision in compliance with the legal opinion of the court, Section 113 (5) VwGO. The disputed decision of March 1, 2021 is fully judicially reviewable

Section 20(5) sentence 1 no. 2 BDSG is lex specialis to section 78(1) no. 1 VwGO (cf. BeckOK DatenschutzR/Mundil, 34th ed. 1 February 2020 marginal no. 5, BDSG

born in 1953, 1956 or 1958. He would then have been approximately 8.5 or 5.5 or 3.5 years old at the beginning of the 1961/62 school year. On this basis

1, 3, 5, 6 and 7 of the defendant's decision of 23 November 2018 are lawful and do not infringe the plaintiff's rights (§ 113.1 sentence 1 VwGO). However

§ 67.4 sentences 1 and 2 VwGO). If legal aid is granted, reinstatement in the period for appeal under § 124a.4 sentence 1 VwGO must in principle also be

is a mixed cost decision (Section 155 (1) Sentence 1 VwGO) on the one hand from Section 154 (1) VwGO, insofar as the action has been upheld and the plaintiff

152 Paragraph 1 VwGO). With this, the judgment of the administrative court becomes legally binding (Section 124a Paragraph 5 Sentence 4 VwGO).

Section 102 (2) VwGO. 37 Contrary to the plaintiff's request, the Chamber was not required to suspend the proceedings pursuant to § 94 VwGO. The plaintiff's

Ansbach results objectively from § 45 VwGO and locally from § 20 Para. 3 BDSG as a special provision to § 52 VwGO. According to Section 20 (3) BDSG (cf

October 2018 is lawful and does not violate the plaintiff's rights (§ 113 (5) sentence 1 VwGO). There is no claim under section 80 (1) HDSIG (in conjunction with

performance in accordance with section 113 (1) sentence 1, paragraph 4 of the VwGO. According to Section 113 (4) VwGO, if, in addition to the cancellation

paragraph 2, 3 of the Administrative Court Code (VwGO) by the rapporteur and according to § 101 paragraph 2 VwGO without an oral hearing.II. The admissible lawsuit

because the reasons of Section 124 (2) No. 3 or No. 4 VwGO are not available (Section 124a (1) sentence 1 VwGO). The case has neither fundamental significance

according to § 123 VwGO BVerwG, decision of November 22, 2021 - 6 VR 4.21 - NVwZ-RR 2022, 164 marginal note 10; Puttler, in: Sodan/Ziekow, VwGO, 5th edition 2018

Section 172 VwGO would have to be enforced with a fine of up to 10,000 euros (on this SchochKoVwGO/Pietzner/Möller, 41 EL July 2021, VwGO § 172 marginal

based on Paragraph 154 of the VwGO, and the remainder follows from Paragraph 161(2) of the VwGO. 43 Pursuant to § 161 (2) VwGO, the costs of the proceedings

admissible according to § 123 Para. 5 VwGO, since the request of the applicant by way of § 43 Para. 2 Clause 1, § 111 Clause 1, § 113 Para. 3 Clause 2, Para. 4,

unlawful and infringes the plaintiff's rights (see § 113.5 of the Rules of the Administrative Courts (VwGO)). The plaintiff has a right to access the requested

no. 5 VwGO) result from these submissions. A. Paragraph23 Under the latter aspect, the plaintiff complains of a violation of § 86.3, § 104.1 VwGO and essentially

155 (1) sentence 1 VwGO. The decision on the provisional enforceability is based on Section 167 Paragraph 1 Clause 1 and Paragraph 2 VwGO in conjunction with

information specified in more detail in the operative part, Section 113 (5) sentence 1 VwGO. 18th The legal basis for the claim is Art. 3 Para. 1 BayUIG. According

and law which impairs the party relations (cf. on § 91 VwGO Schoch/Schneider/Bier-Ortloff/Riese, VwGO Kommentar, 36 EL 2019, § 91 marginal no. 61), it corresponds

costs is based on Section 154 (1) VwGO. 52 The decision on provisional enforceability follows from Section 167 VwGO in conjunction with Sections 708 No

status: 44th EL March 2023, Section 42 Paragraph 2 VwGO Rn. 102; W.-R. Schenke in: Kopp/Schenke VwGO, 29th edition 2023, Section 63 Rn. 7). The plaintiff

costs results from Section 154 (1) VwGO. 52 The decision on the provisional enforceability follows from § 167 VwGO in conjunction with §§ 708 No. 11, 711

with Article 19 (3) GG, so that Section II pursuant to Section 113 (1) sentence 1 VwGO had to be repealed. c) The formally lawful threat of fines in Section

(4) sentences 1 and 6 VwGO), is unsuccessful. The administrative court rightly rejected the application under Section 80 (5) VwGO for the restoration or

lawful and does not violate the plaintiff's rights (Section 113 Paragraph 5 Sentence 1 VwGO).aa) The basis for the plaintiff's request is Article 15 Paragraph

is lawful and does not violate the plaintiff's rights (Section 113 (5) sentence 1 VwGO, see 1.). As far as deceased persons are concerned, the plaintiff

147 paragraph 5, § 496 paragraph 3 AO § 91, § 364 GDPR Art. 2 Para. 2 d, Art. 4 No. 7, Art. 12 Para. 1, Art. 13 Para. 4, Art. 14 Para. 5 a, Art. 15, Art

incur a cost risk (see § 154.3 VwGO). IV. Paragraph91 The decision on provisional enforceability is based on § 167 VwGO in conjunction with § 708 no. 11

plaintiff's rights (see § 113.5 sentence 1 VwGO). 53 The claim of the plaintiff is based on Art. 15 para. 3 sentence 1, Art. 12 para. 5 sentence 1 DSGVO in conjunction

on costs follows from Section 154 (1) VwGO. The decision on the provisional enforceability is based on § 167 VwGO in conjunction with § 708 No. 11 and §

2 were lawful and did not violate the plaintiff's rights under § 113.1 sentence 1 VwGO.19 The information order was formally lawful, the defendant was responsible

basis: Articles 5, 6, 13, 14, 35 and 36 of Regulation (EU) 2016/679 (data protection Basic Regulation, hereinafter: GDPR), OJ No. L 119 of 4.5.2016 p. 1; REASON

therefore already based on the rejection of interim relief under Section 47(6) VwGO. However, constitutional legal protection is in principle also denied if

costs follows from Section 155 (2) VwGO. Otherwise, the decision on costs is based on Section 155 (1) sentence 1 VwGO. 123The appeal was not allowed because

Data Protection Regulation - GDPR), OJ No. L 119 of 4.5.2016, p. 1; § 24 paragraph 1 and Paragraph 5 of the Data Protection Act (DSG), Federal Law Gazette

meaning of § 6 para 1 no. 5 KSchG (Eccher in Fenyves/Kerschner/Vonkilch, Klang3 § 6 para 1 no. 5 KSchG Rz 5 f; Kathrein/Schoditsch in KBB5 § 6 KSchG Rz 11 [aE];