After 10 months and 21 letters: StA Görlitz pulls inadmissible raised examination fee back The wait is (the result) wait: 10 months, 21 letters and several phone calls after the filing of a memory
levied against an illegal No examination fee for 3130
KV GKG has withdrawn the district attorney the fee. But by then it was a long and winding road ...
The situation could not be clearer: We had originally filed an appeal, which it abandoned, but before the expiry of the reasons of appeal period. Thereto was never doubted. And it must follow, KV No. 3131:
"The fee does not apply to withdrawal of the appeal before the expiry of the term justification." A fee to 3130 (Audit by order or decision) before arbitration from the outset - but they had now been raised again. On the memory
even defended the county auditor, the fee for 3130th The matter came to the district court, back to RIAG Kai Ronsdorf we then because of "suspicion of partiality" ("concern" sounds in the context already plenty of cynical)
rejected. RIAG Ronsdorf
rejected (again) even for alleged inadmissibility, specifically as the refusal
"late" is . Now it is outside the main hearing no Unverzüglichkeitsanspruch what the LG Görlitz it clear to the complaint then
. The Board rejected the district court nonetheless because the reasons for the rejection
"consumed" were - which was easily detected incorrect. On the facts of our appropriate corrective
remonstrance out
remained to the court in the condemnation, now including indirect, pointing out that the attachment of the reasons is out of time, in addition, it was not arbitrary, remove the defense of a surprise and the defendant either suspension or interruption to grant then .
Because of the (illegal) rejection of the opposition as inadmissible by RIAG Ronsdorf itself, we had this parallel again
rejected. This rejection has never been summoned - the LG after the first rejection was swept from the final table, looked RIAG Ronsdorf not prevented from acting in the matter further, although he carried this further rejection was blocked.
On the way back to the Act to the District Court on the prosecutor, this is then looked at the cost account again - and:
corrected. No, not correct. Verschlimmbessert. During the examination fee has now swung from 3130 (full fee) to 3131 (half the fee revision without verdict or decision, but no withdrawal of the appeal before the expiry of the deadline reasons) why, probably nobody knows. And on it over: An appeal fee after 3602, namely the rejection of the appeal process. That made it even more complicated now, because now the fee had to be omitted 3131, and then, as the rejection process because only the wrong first bill was created, and even the appeal fee (§ 21 GKG
).
order not to start with the memory process in the same strange kind of forwards we have tried the phone, and between the holidays with the legal guardian and spoken several times with the cost of employee, and that among them, and lo and behold - at the end
Ginger's .
remains flat on the work of actually "is acute rejection of an opposing" RIAG Ronsdorf report. The now has the appeal of memory - after the recent correction of the statement by the district attorney -
was rejected (it, too nothing left from the actual point of attack). So, too, failed even in the recent activity in this process, probably against the law, because he simply "not on the course was" (at least with nothing but an official opinion on the pending rejection).
The whole story of this struggle is about 240 EUR under the label "
audit fee " in full length and bestaunbar Nachle. If you like it, may indeed even figure out what costs are incurred on the part of the state treasury in this branch of the process in which the state parties have consistently received top performance of special ...
