Revocation of a lawful administrative act

(1) A lawful, non-beneficial administrative act may, even after it has become unchallengeable, be revoked in whole or in part with effect for the future, except where an administrative act of the same content would have to be issued again, or where revocation is inadmissible for other reasons.
(2) 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 1. where the revocation is permitted by legal provision or reserved in the administrative act; 2. where 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; 3. where the authority would, on the basis of facts subsequently arising, be entitled not to issue the administrative act, and where, without the revocation, the public interest would be endangered; 4. where the authority would, on the basis of an amended legal provision, be entitled not to issue the administrative act, insofar as the beneficiary has not yet made use of the benefit, or has not yet received benefits on the basis of the administrative act, and where, without the revocation, the public interest would be endangered; 5. in order to prevent or remove serious disadvantages to the common good. Section 48(4) applies correspondingly.
(3) A lawful administrative act that grants a one-off or recurring monetary benefit, or a divisible benefit in kind, 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, 1. where 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. where 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. Section 48(4) applies correspondingly.
(4) The revoked administrative act becomes ineffective upon the revocation taking effect, unless the authority determines another point in time.
(5) After the administrative act has become unchallengeable, the authority competent under section 3 decides on the revocation; this applies even where the administrative act to be revoked was issued by another authority.
(6) Where a beneficial administrative act is revoked in the cases of subsection (2), nos. 3 to 5, the authority must, on application, compensate the person concerned for the financial disadvantage that this person suffers through having relied on the continuance of the administrative act, insofar as his or her reliance is worthy of protection. Section 48(3), third to fifth sentences apply correspondingly. For disputes concerning the compensation, recourse to the ordinary courts is available.