As an entrepreneur, you may have to protect your rights in a public law relationship, for example, if you are assigned an obligation with a precept or if you have applied for an administrative act (e.g. a permit) and you are not satisfied with the decision, or if there was a delay in making the decision.
Claim for the repeal of an administrative act
If you have been assigned an obligation by an administrative act (e.g. to bring your activities into compliance with certain mandatory requirements by a specific deadline), you have the right to challenge the administrative act within 30 days, either through challenge proceedings or administrative court procedure. In challenge proceedings, the challenge must be filed with the same administrative authority that issued the administrative act to seek the repeal of the decision or precept to the extent to which your rights have been violated.
In challenge proceedings, the administrative authority that issued the administrative act verifies the legality of the administrative act. If the authority maintains their position and does not see any reason to repeal the administrative act, they will forward the case to a higher authority (e.g. the Consumer Protection and Technical Regulatory Authority forwards the case to the Ministry of Economic Affairs and Communications) for a final decision. Administrative acts issued by a minister cannot be challenged.
If you find that an administrative act violates your rights, you also have the right to turn to an administrative court within 30 days. You can read more about recourse to an administrative court in the article 'Resolution of legal disputes'. If an administrative act is unlawful and in violation of your rights, the administrative court has the right to repeal it. The right applies to challenge proceedings.
NB! The written administrative act must always state the reference to a challenge: information on the possibilities, place, term, and procedure for challenging that administrative act.
Claim for issue of an administrative act or performance of a measure
If you want a public authority to issue an administrative act or perform a measure, you must first apply to the competent agency. If you are dissatisfied with the activities of an administrative authority (e.g. it denied you, satisfied the application only partially, imposed burdensome secondary conditions on the permit, or did not respond at all) and this violates your rights as an entrepreneur, you also have the right to file a challenge or a complaint to an administrative court within 30 days.
Other claims
In addition, you have the right to demand the termination of a continuing measure if it violates your rights. This requirement presupposes the continuity of the measure in question and the publishing of the warning on the Internet. You can demand refraining from the issuing of a planned administrative act or performance of a measure if it violates your rights as an entrepreneur and is likely to bring consequences which could not be eliminated by a later challenge of the administrative act or the measure. Challenge proceedings have not been provided for either of the claims; instead, you can simply apply to an administrative authority or file a complaint to an administrative court.
Claim for the compensation of damage
If you suffer damage due to an unlawful act or omission of a public authority, you also have the right to claim compensation for the damage caused to you. However, this presumes that the damage could not have been prevented and cannot be eliminated through the use of the claims described above. In other words, if you find that, for example, a precept of a public authority requiring you to carry out major reconstructions in a production building is unlawful, you should first seek the repeal of such a precept. If you do not do this within 30 days, you are not entitled to later claim compensation for the damage caused by the precept.