Decision of 27 January 2022 -
BVerwG 1 C 41.21ECLI:DE:BVerwG:2022:270122B1C41.21.0


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 27 January 2022 - 1 C 41.21 - para. 16.

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

  • Sources of law
    Code of Administrative Court ProcedureVwGO, Verwaltungsgerichtsordnungsections 92 (3) first sentence, 125 (1) first sentence, 141 first sentence, 161 (2) first sentence, 173 first sentence first half-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) first sentence in conjunction with section 141 first sentence and section 125 (1) first sentence of the Code of Administrative Court Procedure (VwGO, Verwaltungsgerichtsordnung). Pursuant to section 173 first sentence first half-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 are ineffective.

2 The decision on costs of all instances has to be made pursuant to section 161 (2) first sentence VwGO according to reasonably exercised discretion by taking into account the previous state of the proceedings as to the factual findings and their legal assessment. As a rule, discretion is reasonably exercised if the costs of the proceedings are imposed on that party to the proceedings who caused the event responsible for termination at its own will (Federal Administrative Court (BVerwG, Bundesverwaltungsgericht), decision of 3 April 2017 - 1 C 9.16 - para. 7). According to this, the defendant has to bear the costs, since she subsequently deprived the claimant's action of its basis (Klaglosstellung).

3 According to section 83b of the Asylum Act (AsylG, Asylgesetz), no court costs will be charged. The value of the matter proceeds from section 30 (1) first sentence of the Act on the Remuneration of Attorneys (RVG, Rechtsanwaltsvergütungsgesetz). There are no reasons for a derogation under section 30 (2) RVG.