The case concerned the appeal on points of law submitted by the applicants against the rejection of their appeal as time barred by the Administrative Court of Baden-Württemberg by decision of 18 August 2021.

The Federal Administrative Court rejected the appeal and noted that the case did not concern a violation of the applicant’s right to be heard. The Federal Administrative Court noted that before the Court of Appeal the applicant had been assisted by lawyers G. and S. who were present at the oral hearing. The Federal Administrative Court stated that according to § 67 paragraph 6 sentence 5 Administrative Courts Order, notifications are to be sent to the appointed legal representative. If an applicant uses several authorised persons, they are entitled according to § 173 Administrative Courts Order in conjunction with § 84 Code of Civil Procedure to represent the person concerned both jointly and individually, so that the service can be effectively done on each of them according to § 67 Para. 6 Sentence 5 of the Administrative Court Order. If there are several authorised persons, service to one of them is sufficient.

The Federal Administrative Court clarified that the first service of a judgement is decisive for the start of procedural periods and a later delivery to another authorised representative does not trigger a new appeal period. The law does not provide for the court's power to extend or restart the appeal period that has already been effectively started by a previous service by renewed service of a decision.