Decision of 9 December 2021 -
BVerwG 3 C 4.21ECLI:DE:BVerwG:2021:091221B3C4.21.0


Please note that the official language of proceedings brought before the Federal Administrative Court of Germany, including its rulings, is German. This translation is based on an edited version of the original ruling. It is provided for the reader’s convenience and information only. Please note that only the German version is authoritative. Page numbers in citations have been retained from the original and may not match the pagination in the English version of the cited text. Numbers of paragraphs that have completely been omitted in the edited version will not be shown.
When citing this ruling it is recommended to indicate the court, the date of the ruling, the case number and the paragraph: BVerwG, decision of 9 December 2021 - 3 C 4.21 - para. 16.

Reasons

1 By written statement of 26 November 2021 with the consent of the defendant and the Representative of the Interests of the Federation at the Federal Administrative Court (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht), the claimant withdrew her appeal on points of law against the judgment of the Higher Administrative Court (Oberverwaltungsgericht) for the Federal State of North Rhine-Westphalia of 19 May 2016. The appeal proceedings on points of law therefore have to be terminated pursuant to section 141 first sentence, section 125 (1) first sentence, section 92 (3) first sentence of the Code of Administrative Court Procedure (VwGO, Verwaltungsgerichtsordnung).

2 The decision on costs is founded on section 155 (2) VwGO. The determination of the value in dispute proceeds from section 47 (1) first sentence in conjunction with section 52 (1) of the Court Costs Act (GKG, Gerichtskostengesetz).