(1) A lawful beneficial administrative act may, even after it has become unchallengeable, be revoked in whole or in part with effect for the future only insofar as 1. the revocation is permitted by legal provision or reserved in the administrative act; 2. the administrative act is combined with a requirement and the beneficiary has not fulfilled it, or has not fulfilled it within a period set for the beneficiary.
(2) A lawful beneficial administrative act that awards a monetary or in-kind benefit for the fulfilment of a particular purpose, or that is a condition for this, may, even after it has become unchallengeable, also be revoked in whole or in part with effect for the past, where 1. the benefit is not used, is not used soon after it has been rendered, or is no longer used for the purpose determined in the administrative act; 2. the administrative act is combined with a requirement and the beneficiary has not fulfilled it, or has not fulfilled it within a period set for the beneficiary. The administrative act may not be revoked with effect for the past insofar as the beneficiary has relied on the continuance of the administrative act and his or her reliance, weighed against the public interest in a revocation, is worthy of protection. Reliance is as a rule worthy of protection where the beneficiary has consumed benefits rendered, or has made a disposition of assets that he or she can no longer reverse, or can reverse only at unreasonable disadvantage. The beneficiary may not invoke reliance insofar as he or she knew of the circumstances leading to the revocation of the administrative act, or did not know of them as a result of gross negligence. Section 45(4), second sentence applies correspondingly.
(3) Section 44(3) applies correspondingly.
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Part 1 · Administrative Procedure › Title 2 · Finality of the Administrative Act › Section 47
Revocation of a lawful beneficial administrative act
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