Objecting to official decisions in Germany (Widerspruch): the deadline and the right way
Translated from the Arabic original. Read in Arabic
A letter from the job centre cuts your benefit, a tax assessment contains a mistake, or your health insurer refuses to cover treatment. Many people accept the decision because they do not know they can object, or they know but miss the deadline. An objection in Germany is a formal procedure that is usually free and does not need a lawyer, but it has rules you must follow.
What is an objection (Widerspruch or Einspruch)?
It is a formal request to the same authority that made the decision, asking it to review the decision. It is called Widerspruch for most administrative decisions, such as those of the job centre, the foreigners’ authority and insurance funds, and Einspruch for tax decisions. The idea is the same: the authority reviews its decision, and if it does not agree it issues an objection decision, after which you can go to court.
The deadline: one month
The usual deadline is one month from the date the decision was "served" on you, not the date it was written. The law treats letters sent by ordinary post as served a few days after posting, even if they reach you later. Always read the section called "Rechtsbehelfsbelehrung" (information on legal remedies) at the end of the decision: it states the deadline and where to send your objection. If that section is missing or wrong, the deadline is usually extended to one year, but do not rely on this exception; always object within the month.
What must your objection letter contain?
Your name and address, the file or reference number (Aktenzeichen) shown on the decision, the date of the decision, a clear sentence that you object to it, and your signature. A detailed explanation of your reasons helps but is not needed to meet the deadline: if time is short, send a short objection saying you will give reasons later, then send them. What matters is that the objection arrives before the deadline.
How to send it
The safest way is a signed letter sent by registered post, or handed in personally with a receipt stamp on your copy. Some authorities accept objections through their online portal, such as ELSTER for tax decisions, or the job centre portals. Ordinary email is not accepted in many cases because it carries no signature, so check the accepted method in the legal remedies section.
Does an objection suspend the decision?
Not always. In some cases the decision continues to apply while the objection is examined, such as some decisions about benefits, and you can then ask for enforcement to be suspended. If the decision affects your livelihood or your residence, quickly consult a social advice centre or a legal adviser; migration advice centres usually help free of charge.
This article is general information, not legal or tax advice. Laws change, so check the official sources below or the competent authority for your situation. Found a mistake? Tell us.