(1) Local jurisdiction lies with 1. in matters relating to immovable property or to a place-bound right or legal relationship, the authority in whose district the property or the place is located; 2. in matters relating to the operation of an undertaking or one of its establishments, to the pursuit of a profession or to another permanent activity, the authority in whose district the undertaking or the establishment is or is to be operated, or the profession or the activity is or is to be pursued; 3. in other matters that concern a) a natural person, the authority in whose district the natural person has or last had his or her habitual residence, b) a legal person or an association, the authority in whose district the legal person or the association has or last had its seat; 4. in matters where jurisdiction does not arise from nos. 1 to 3, the authority in whose district the occasion for the official act arises.
(2) Where several authorities are competent under subsection (1), the authority first seized of the matter decides, unless the common functionally competent supervisory authority determines that another locally competent authority is to decide. Where a like matter relates to several establishments of an undertaking, it may designate one of the authorities competent under subsection (1), no. 2 as the common competent authority, where this is required, having regard to the interests of the parties, for a uniform decision. This supervisory authority further decides on local jurisdiction where several authorities consider themselves competent or not competent, or where jurisdiction is otherwise doubtful. Where there is no common supervisory authority, the functionally competent supervisory authorities take the decision jointly.
(3) Where, in the course of the administrative procedure, the circumstances establishing jurisdiction change, the authority previously competent may continue the administrative procedure, where this serves the simple and expedient conduct of the procedure, having regard to the interests of the parties, and the authority now competent consents.
(4) Where there is danger in delay, every authority in whose district the occasion for the official act arises has local jurisdiction for measures that cannot be deferred. The authority with local jurisdiction under subsection (1), nos. 1 to 3 is to be informed without delay.
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Part 1 · Scope of Application, Local Jurisdiction, Electronic Communication, Administrative Assistance, European Administrative Cooperation › Chapter 1 · Scope of Application, Local Jurisdiction, Electronic Communication › Section 3
Local jurisdiction
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