If the administrative courts decide to dismiss the case due to lack of jurisdiction or lack of competence in a case that falls within the “jurisdiction of administrative jurisdiction”, they shall send the file to the Council of State or to the competent and authorised administrative or tax court.
If the Council of State does not consider the case to be within its jurisdiction, it shall decide to send the file to the competent and authorised court. If the court to which the file is sent due to lack of jurisdiction or lack of competence deems itself to be without jurisdiction or lack of competence, the dispute shall be resolved by the regional administrative court, if the court in question and the court that issued the first decision of lack of jurisdiction or lack of competence are within the jurisdictional circle of the same regional administrative court, otherwise by the Council of State.
The decisions rendered by the Council of State and the regional administrative court in disputes of jurisdiction and competence shall be notified to the relevant courts and notified to the parties. In the event that the Council of State and the Regional Administrative Court decide that there is no jurisdiction or lack of jurisdiction in a case that falls within the jurisdiction of the administrative jurisdiction, no fee shall be charged in case of re-filing a lawsuit to the court that has been assigned and authorised.
You can access our other article examples and petition examples by clicking