FDPA Part 1 - § 20
Judicial remedy
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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.
- The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 7.
- For proceedings pursuant to subsection 1, first sentence, the administrative court in whose district the supervisory authority is located shall be locally competent.
- In proceedings pursuant to subsection 1, first sentence, the supervisory authority shall be competent to take part.
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1Parties to proceedings pursuant to subsection 1, first sentence, shall be
- the natural or legal person as plaintiff or applicant, and
- the supervisory authority as defendant or respondent.
2Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected.
- No preliminary proceedings shall take place.
- 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.