Requirement of official receipt
Die Requirement of official receipt refers in German law to a specific form of requirement for the receipt of declarations of intent and communications. The requirement of official receipt exists when a declaration is not to be made to a private person, but rather to an authority or a public-law body. It plays a central role particularly in administrative law and procedural law.
Conceptual differentiation
Unlike the regular requirement of receipt, where a declaration of intent must be received by a private person, the requirement of official receipt demands that the declaration is received by a specific office, i.e., an authority or a body with official powers. This specialty influences time limits, form requirements, and the validity of the submitted declaration.
Legal basis
Administrative procedural law
The Administrative Procedure Act (VwVfG) stipulates that applications, declarations, and other communications that become significant within the framework of administrative proceedings may be subject to the requirement of official receipt. This can be found, for example, in the following provisions:
- § 81 VwGO (Code of Administrative Court Procedure): The complaint must be “filed with the court”; the court acts as the office entitled to receive.
- § 69 VwGO: An objection to administrative acts must be lodged with the originating authority or the objection authority.
Civil law
Officially receivable declarations also exist in civil law, for example in insolvency proceedings, when creditors must file claims “with the insolvency court” (§ 174 InsO).
Criminal law and law on administrative offenses
In criminal law and administrative offense law, the requirement of official receipt is relevant, for example, for certain applications for court decisions, complaints, or appeals (for example § 299 StPO: “to be submitted to the court”).
Function and significance
Ensuring legal certainty
The requirement of official receipt serves to clarify that certain declarations of intent and applications must be addressed to a neutral, state body. This ensures that the declaration can be properly recorded, registered, and incorporated into the respective procedure.
Computation of deadlines and receipt
The receipt of declarations requiring official receipt is decisive for the calculation of deadlines in administrative and court proceedings. What matters is not when the recipient (individual person) becomes aware of the declaration, but rather when the respective authority or court receives the declaration or when it “enters the sphere of control of the authority” (receipt principle).
Typical cases of application
Administrative law
- Filing legal remedies: Objection, appeal, application for interim legal protection.
- Application procedures: Application for a building permit, social benefits, business license.
Civil proceedings
- Registration of claims in insolvency proceedings
- Applications for legal aid: Must be submitted to the competent court.
Tax law
- Objection to tax assessment: Must be received by the issuing tax authority.
Jurisdiction and form
For declarations requiring official receipt, always consider:
- Which authority or court is competent in substance and locally?
- Is an oral notification sufficient or is written form required?
- Are there special formal requirements (electronic transmission, signature, evidence)?
If these requirements are disregarded (for example, if the objection does not reach the correct authority), this may render the declaration ineffective.
Deadlines and legal consequences of delayed receipt
The receipt of a declaration requiring official receipt within the statutory period is a mandatory condition for its validity. Late submissions generally result in inadmissibility, unless reinstatement into the previous status can be granted in accordance with statutory provisions.
Special regulations and particularities
- Postal and receiving institutions: When using electronic means of communication, fax, or other transmission methods, it is important to determine when the declaration is deemed to have been legally received. What often matters is the entry into the effective sphere of the authority.
- Vacation or absence of the decision-maker: Receipt by the authority is sufficient; personal individual acceptance is not required.
Legal consequences and practical effects
The requirement of official receipt serves legal certainty, verifiability, and the protection of procedural flows in legal transactions. Those submitting declarations requiring official receipt should carefully document the date, time, means of transmission, and where applicable, a registered receipt confirmation to avoid problems of proof in the event of a dispute.
Literature and further references
An in-depth discussion of this subject can be found in legal commentaries on the relevant procedural statutes, particularly administrative law and the code of civil procedure. The requirement of official receipt is also regularly discussed and explained in textbooks on general and special administrative law.
This article provides a comprehensive legal classification and explanation of the concept of the requirement of official receipt, as it is applied in the context of public law and civil law.
Frequently Asked Questions
What is the significance of the requirement of official receipt for the coming into legal effect of administrative acts?
The requirement of official receipt is of considerable importance for the coming into legal effect of administrative acts in German administrative law. If an administrative act is subject to this requirement, it only becomes effective upon notification to the person concerned. Notification pursuant to § 41 VwVfG ensures that the recipient is officially informed of the content and consequences of the administrative act. Only from this point does the administrative act produce its legal effects, for example with regard to finality, deadlines for remedies, or enforceability. If proper notification is not effected, the administrative act is non-existent vis-à-vis the recipient, meaning that it can create neither rights nor obligations in relation to him or her. The involvement of the authority in the service of the administrative act serves to protect the person concerned and legal certainty: The recipient should be able to rely on the fact that legally relevant declarations by the authority are delivered in an official and verifiable form.
When is written form required for administrative acts subject to the requirement of official receipt?
Written form is not required for all administrative acts under administrative procedure law; however, it is particularly relevant for administrative acts subject to the requirement of official receipt, because notification under § 41 VwVfG often takes place in writing. The written form acts as evidence for the specific content, recipient, and time of notification, thereby protecting against subsequent changes or disputes about actual receipt. For certain types of administrative acts, such as onerous orders (e.g. tax assessments, building permits), written form is routinely used in practice to ensure legal certainty and documentation. However, the law also provides for other forms – such as electronic transmission under § 3a VwVfG or oral notification – unless otherwise provided by law.
What are the consequences of defective or omitted notification in the case of administrative acts subject to the requirement of official receipt?
A defective or omitted notification in the case of administrative acts requiring official receipt has far-reaching consequences: the administrative act is generally not effective against the person concerned. Without effective notification, no deadlines commence (e.g. for objection or lawsuit), there is no final and binding effect, and the administrative act may not be enforced. This particularly applies to cases where the administrative act is served on the wrong recipient, the legal fiction of notification does not apply, or form requirements are not observed. The administrative court will review in any dispute whether proper notification and thus effectiveness exists. If this is not the case, even a materially lawful administrative act cannot have external effect; it remains ineffective until notification is properly effected.
What role does the requirement of official receipt play in the calculation of deadlines in administrative proceedings?
In administrative proceedings, the calculation of deadlines (for example, for remedies such as objection or legal action) is inseparably linked to the requirement of official receipt. Only with proper notification of an administrative act does the relevant period begin to run, such as the one-month objection period (§ 70 VwGO). The requirement of official receipt ensures that the person concerned has the opportunity to acquire knowledge of the administrative act in an official, verifiable form before adverse legal consequences occur or rights are forfeited. Jurisprudence requires not only the opening of a means of access (e.g. deposit in the mailbox) but also the objective possibility of knowledge by the recipient.
Is the requirement of official receipt regulated differently for beneficial and burdensome administrative acts?
The requirement of official receipt applies equally to beneficial and burdensome administrative acts. The condition for effectiveness is especially important for burdensome acts because they impose obligations or restrict existing rights. The underlying idea of legal protection is that no one may be affected by official measures without official notice. For beneficial administrative acts (e.g. grants, permits), the requirement of official receipt protects against the unilateral entry into effect of any benefits without the applicant’s actual knowledge or opportunity to accept. This serves both to protect the authority from unintended commitments and to protect the applicant from loss of rights or unnoticed deadlines.
Which statutory provisions are decisive for the requirement of official receipt in administrative law?
Decisive are primarily the provisions of the Administrative Procedure Act (VwVfG), in particular §§ 41-43 VwVfG, which contain the rules on notification, effectiveness, and revocation of administrative acts. In addition, state administrative procedure laws (e.g. BayVwVfG, VwVfG NRW) as well as special statutes, such as the Fiscal Code (AO) for tax assessments (§§ 119, 122 AO), must be considered. The procedural rules in the Administrative Court Procedure Code (VwGO) regarding deadlines and remedy periods rely on effective official notification. Corresponding notification ordinances or service acts (VwZG) regulate details concerning proof of receipt, for example by registered mail or electronic service.
What is the significance of proof of receipt for administrative acts subject to the requirement of official receipt?
Proof of receipt plays a central role for administrative acts subject to the requirement of official receipt because effectiveness regularly depends on actual receipt by the recipient. In the event of a dispute, the authority bears the burden of proof for the receipt process (§ 41 para. 2 VwVfG and relevant jurisprudence). This is done, for example, by a note of handover, the return receipt in case of service by registered mail, or an electronic confirmation of receipt in the case of digital transmission. For ordinary letters, the presumption of receipt may be applied, whereby case law assumes that the recipient can expect receipt on the next working day after posting with the postal service under normal circumstances. Actual doubts about arrival (e.g. lost letter) are to the disadvantage of the authority, meaning the administrative act is generally deemed not to have been notified, and thus not effective.
