An objection (Widerspruch) means: you do not agree with a decision made by an authority. This decision usually comes as a letter and is called a notice of decision (Bescheid). With the objection, you ask the authority to review its decision again. You do not need a lawyer for this. If the authority agrees with you, it changes the notice of decision.
Where you come across the word
The word often appears at the end of a notice of decision. This part is called information on legal remedies (Rechtsbehelfsbelehrung). It tells you whether you can file an objection, by when and with which office. Typical situations are:
- The Jobcenter or your health insurance fund (Krankenkasse) rejects an application.
- You receive a notice of decision about the broadcasting fee (Rundfunkbeitrag).
- Your city or municipality asks you to pay a fee.
- You receive a payment order (Mahnbescheid) from the court. Here it is also called Widerspruch, but different rules and shorter deadlines apply.
Not every decision can be challenged with an objection. In some federal states, it no longer exists for certain areas. In that case, you have to take the matter directly to court. This can apply, for example, to decisions by the immigration office (Ausländerbehörde) about your residence permit (Aufenthaltstitel). So always read carefully what your notice of decision says.
What you should do
- Read the information on legal remedies. It states the deadline. For many notices of decision, this is one month after you received the letter.
- Write the objection in writing and sign it. A normal email is often not enough. You can usually also hand in the objection directly at the authority and have it written down there.
- State your name, your address, the date of the notice of decision and the reference number (Aktenzeichen).
- Write clearly: “I hereby file an objection.” (“Hiermit lege ich Widerspruch ein.”) You can also send the reasons later. What matters is that you meet the deadline.
- Make a copy. Send the letter in a way that lets you prove it was received, for example by registered mail (Einschreiben) or with a receipt stamp (Eingangsstempel) from the authority.
Important: An objection does not always stop the decision. Sometimes, for example, you still have to pay first. In the social benefits area, for example with the Jobcenter, an objection is free of charge. In other areas, fees can sometimes arise if the objection is not successful. If you are unsure, ask at an advice centre, for example a migration advice service (Migrationsberatung).
Example
- “An objection against this notice of decision can be filed within one month of notification.”
- “I hereby file an objection against your notice of decision dated 3 March.”
- “I filed an objection because the office calculated my income incorrectly.”
Related terms
- Einspruch: This is the word used, for example, by the tax office (Finanzamt) and the family benefits office (Familienkasse), for instance for child benefit (Kindergeld). The idea is the same.
- Bescheid: This is the letter with the authority’s decision that you are objecting to.
- Widerspruchsbescheid: This is the authority’s response to your objection.
- Klage: If your objection is not successful, you can often take legal action in court.
- Widerruf: With this, you yourself withdraw something, for example a contract. This is something different from an objection.