Legal Assistance with Objections to the Municipality

Questioner

The municipality completely misinterpreted a simple question I had. Instead of providing an answer, I received an official decision stating that my application had been rejected. However, I never submitted an application. The letter stated that I could appeal if I disagreed with the decisions taken. Although there was no legal basis for this (a mistake had been made), I did file an objection, if only to demonstrate the ridiculousness. I requested that the procedure be thoroughly examined, after which the matter would be declared inadmissible or unfounded. Now the following happens: They now only want to speak to me by phone because they prefer to use the informal objection approach. However, I kindly requested that they clarify in writing their conclusion, which they have now reached—namely, that "no decision should have been made because there was never an application, and which they deeply regret" (otherwise I have no proof). That met with resistance from the lawyer. Long story short: He'll send me the written conclusion very soon. But to receive it, I suddenly have to appear at a hearing. Strange. Hasn't a conclusion already been reached? Ask: Isn't it true that if mistakes have been made by the municipality and it admits to this, then in essence and therefore in fact there can be no objection at all? What effect should a hearing have? Highly inefficient and, to me, a matter of "bullying the citizen." Because this is (no longer) about anything.

Questioner

A fictitious application leads to a factual decision that can indeed be appealed. Conversely, a non-decision is considered a decision that can subsequently be appealed. You can skip the hearing, but an objection decision could backfire. You should be aware that it's advisable to have all the reasons and facts clearly stated in this round if you intend to appeal. Because issuing a decision creates legal consequences and potentially damages. Furthermore, private law also applies through a provision, so the municipality may have erred in determining whether you submitted a genuine request that meets the requirements of the General Administrative Law Act. (Definitions)