Decision of 10 December 2019 -
BVerwG 3 C 16.19ECLI:DE:BVerwG:2019:101219B3C16.19.0
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Reasons
1 The claimant has withdrawn his action - as far as still pending in the appeal proceedings on points of law - by written statement dated 14 November 2019 with the consent of the defendant. Therefore, according to sections 141 first sentence, 125 (1) first sentence, 92 (3) first sentence of the Code of Administrative Court Procedure (VwGO, Verwaltungsgerichtsordnung), the proceedings are to be discontinued and the judgment of the Lower Saxon Higher Administrative Court (Oberverwaltungsgericht) as well as the judgment of the Lüneburg Administrative Court (Verwaltungsgericht) are insofar to be declared ineffective (section 173 first sentence VwGO in conjunction with section 269 (3) first sentence of the Code of Civil Procedure (ZPO, Zivilprozessordnung)). The judgment of the Lüneburg Administrative Court, as far as it concerns the final and binding dismissal of the action, and the judgment of the Lower Saxon Higher Administrative Court, as far as the proceedings were discontinued after a mutual declaration by the parties to terminate them, remain unaffected thereof. (...)