Decision of 7 July 2021 -
BVerwG 1 C 15.21ECLI:DE:BVerwG:2021:070721B1C15.21.0


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Decision to discontinue the proceedings after mutual declaration by the parties to terminate the main proceedings

  • Sources of law
    Residence ActAufenthG, Aufenthaltsgesetzsection 11 (1)
    Code of Administrative Court ProcedureVwGO, Verwaltungsgerichtsordnungsections 92 (3), 161 (1) second sentence, 173 first sentence
    Code of Civil ProcedureZPO, Zivilprozessordnungsection 269 (3) first sentence

Reasons

1 After the parties have mutually declared to terminate the legal dispute, the proceedings are to be discontinued in mutatis mutandis application of section 92 (3) in conjunction with section 141 first sentence in conjunction with section 125 (1) first sentence of the Code of Administrative Court Procedure (VwGO, Verwaltungsgerichtsordnung). Pursuant to section 173 first sentence VwGO in conjunction with a mutatis mutandis application of section 269 (3) first sentence of the Code of Civil Procedure (ZPO, Zivilprozessordnung), the decisions of the lower instances, as far as they concern the entry and residence ban issued by regulatory order of the defendant of 24 February 2014 in the form of the objection notice of the defendant's district committee on legal affairs (Kreisrechtsausschuss) of 7 January 2015, are ineffective.