Information on appeal proceedings
Against what and for how long can I file an appeal?
Appeals may be filed against individual examination decisions.
Appeal deadline:
- Notification of the examination decision with information on legal remedies: one month after notification
- Notification of the examination decision without information on legal remedies: one year after notification
Note: Appeals against grades may only be filed within the appeal period following notification of the grade. Once a certificate has been issued, it is no longer possible to appeal the individual grades listed on the certificate!
The date the appeal letter is received by the Catholic University of Eichstätt-Ingolstadt is decisive for meeting the deadline.
How can I file an appeal?
The appeal may be filed in writing or orally for the record. Appeals submitted by e-mail are not permitted and have no legal effect.
The appeal must be addressed to:
- Catholic University of Eichstätt-Ingolstadt, Department V – Legal Affairs, Ostenstraße 26, 85072 Eichstätt, Germany
The appeal may also be submitted in person:
- Department V: Legal Affairs, Marktplatz 7, Room: MP7-210A or at the Examinations Office
To expedite processing, the appeal letter should also include the following information:
- Student’s name and address,
- Phone number and/or e-mail address for faster contact (in case of follow-up questions),
- Date of the appeal letter,
- Name of the degree program,
- Subject of the appeal (notification of initial/final failure with date, grading of an examination, etc.)
- In the case of an objection against grading decisions: module title, module number, name of the examiner(s)
It is strongly recommended to include a statement of grounds for the objection. This should provide a substantiated explanation of why the student believes the examination decision is not lawful. The statement of grounds for the appeal may also be submitted at a later date, separately from the appeal letter, e.g., to ensure that the appeal is filed within the deadline. The statement of grounds should be submitted promptly; otherwise, a decision on the appeal may be made based solely on the information in the file.
What are the consequences of the appeal?
The appeal has suspensive effect, meaning that the examination decision against which the appeal is filed cannot be enforced until a decision on the appeal has been made.
Example: If an appeal is filed against the decision declaring the final failure of the Bachelor’s examination, the student may continue their studies until a decision on the appeal has been made. If the appeal is subsequently rejected, the decision regarding the final failure becomes fully legally binding, meaning that the course of study is considered failed—even after the completion of subsequent coursework and examinations. However, the skills acquired may be transferred to other degree programs and accredited there, if applicable.
How does the appeal process work?
In all appeal proceedings, the Legal Department involves the relevant Board of Examiners in the process. Once the appeal is ready for a decision, the Board of Examiners issues a resolution on the appeal. The Legal Department then formally notifies the parties of this resolution.
In the case of objections against grading decisions, the so-called reconsideration procedure takes place first:
The examiner is given the opportunity to reconsider their grading, taking into account the objections raised by the appellant. The reconsideration procedure may also be conducted separately—without being part of the appeal proceedings. Please contact the examiner regarding this matter.
In the case of objections against grading decisions, the legal review of the objection by the appeals authority is limited exclusively to legal errors: it is examined whether the examiner misapplied the applicable law, whether an incorrect factual basis was assumed, whether he or she violated generally applicable grading principles, or whether he or she was guided by irrelevant considerations. In addition, the review examines whether the examiner based the grading on facts and findings that withstand objective scrutiny, whether the examiner misjudged the purpose of the examination in the grading process, and whether the grading is internally consistent and comprehensible and does not contradict the requirements of rational consideration.
Can appealing an exam result lead to a lower grade?
As a general rule, the examination procedure must not be made more onerous for the examinee during the reconsideration process (reformatio in peius—prohibition of changes for the worse). However, there are exceptions to this prohibition of changes for the worse if, during the reevaluation based on the previous grading criteria, new errors come to light or an attempt at deception is revealed.
Can I take my appeal back?
The appellant may withdraw the appeal at any time during the appeal proceedings, provided that no decision has yet been issued. The withdrawal of the appeal is subject to the same formal requirements as the filing of the appeal: the withdrawal must be made in writing or orally for the record. Withdrawal of the appeal results in the notice or examination decision becoming final. The appeal proceedings are discontinued.
Further action against the examination decision is precluded.
Depending on the timing of the withdrawal of the appeal and the amount of administrative work involved, administrative fees may apply.
When is the appeal process concluded?
Upon conclusion of the appeal proceedings, a decision is issued:
If the student’s request is granted, a decision granting relief is issued: this decision revokes the original decision or the contested examination decision.
If the appeal is rejected, a notification of rejection is issued: the original decision or the contested examination decision becomes final (unless a lawsuit is filed against the notification of rejection).
What fees are charged in the appeal process?
The decision on the appeal is issued free of charge.
For the notification of rejection, an administrative fee of 50.00 euros is generally charged, which must be paid by the objector (i.e., the student).
If the appeal is withdrawn, an administrative fee of 15.00 euros is generally charged; however, if the withdrawal is made promptly or involves very little administrative effort, the fee may be waived.
A detailed list of fees charged in the appeal process can be found in the following table:
Can I appeal the decision in the notification of rejection?
An action may be brought with the competent administrative court against the notification of rejection. The Bavarian Administrative Court in Munich has jurisdiction.
The action must be filed within one month of service of the notification of rejection.
The action may be filed in writing, or orally for the record by the court clerk, or electronically in accordance with the conditions set forth on the website of the administrative courts (www.vgh.bayern.de). Admission of filing via simple e-mail is not permitted and has no legal effect.
The complaint must identify the plaintiff, the defendant, and the subject matter of the claim and must contain a specific application. The facts and evidence supporting the claim must be stated, and a copy of the contested decision must be attached. If the complaint and all pleadings are submitted in writing or orally for the record, copies must be attached for the other parties involved.
Under federal law, a procedural fee is due upon filing a complaint in proceedings before the administrative courts (unless a case under Section 188 VwGO applies).
Who can I contact if I have further questions about the appeal process?
If you have any questions about the appeal process, please contact:
Ms. Nicole Mehlig,
Dept. V: Legal Affairs,
Office: MP7-210B,
Phone: 08421-93-21453,
Office hours: Monday–Thursday mornings
