Conduct of the proceedings
The conduct of the proceedings is defined by law. Oral arguments will usually be heard if the Federal Administrative Court passes a judgment. This applies to proceedings in appeals on points of law as well as well as first instance proceedings. Oral arguments are not heard if the Court issues by decision. This applies mainly to complaints that are directed against the non-admission of an appeal on points of law in the judgement of a Higher Administrative Court. In proceedings before the Federal Administrative Court, each party must be represented by a lawyer (mandatory representation).
Initiation of proceedings
Proceedings begin with receipt of the written application initiating the proceedings by the Court. This will be a statement of claim or, in appeal cases, a written application in which the party concerned lodges an appeal on points of law against a judgment by a higher administrative court.
Appeals must be admitted. The higher administrative court decides on this point in its judgment. The party concerned may lodge an appeal on points of law if it is admitted. If not, the party concerned must obtain the right to lodge an appeal on points of law by means of a complaint (known as a non-admission complaint). The higher administrative court may decide to admit an appeal on points of law (after all).n the basis of this non-admission complaint. The Federal Administrative Court will otherwise decide on admission of the appeal on points of law.
Non-admission complaint proceedings
The senate at the Federal Administrative Court responsible for the proceedings decides on the admission of the appeal on points of law after the end of the period assigned for reasoning of the complaint. Three judges issue the decision without hearing oral arguments. The Federal Administrative Court admits the appeal on points of law if any of the reasons for admission of an appeal on points of law as stated in the law applies in the case and is asserted by a party concerned.
Hearings and judgments in appeals on points of law and first instance proceedings
Oral hearings always take place in proceedings in an appeal on points of law and first instance proceedings. The senate schedules a date for the oral hearing once the matter is ready for judgment. The registry summons the parties concerned.