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FDPA Part 1 - Chapter 6 - § 20

Judicial remedy

  1. 1Recourse to the administrative courts shall be provided for disputes between natural or legal persons and a supervisory authority of the Federation or a Land concerning rights according to Article 78 (1) and (2) of Regulation (EU) 2016/679 and Section 61. 2The first sentence shall not apply to administrative fine proceedings.
  2. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 7.
  3. For proceedings pursuant to subsection 1, first sentence, the administrative court in whose district the supervisory authority is located shall be locally competent.
  4. In proceedings pursuant to subsection 1, first sentence, the supervisory authority shall be competent to take part.
  5. 1Parties to proceedings pursuant to subsection 1, first sentence, shall be
    1. the natural or legal person as plaintiff or applicant, and
    2. the supervisory authority as defendant or respondent.

    2Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected.

  6. No preliminary proceedings shall take place.
  7. With respect to an authority or its legal entity, the supervisory authority shall not order immediate execution in accordance with Section 80 (2), first sentence, no. 4 of the Code of Administrative Court Procedure.