Question juridique clé
Whether reconsideration grounds not raised in the request to the competent administrative authority may be introduced for the first time in the administrative-court appeal against the refusal of reconsideration.
Solution extraite
No. Grounds for reconsideration omitted in the request to the competent authority cannot be introduced later in the appeal proceedings before the Administrative Court.
Motifs extraits
Reconsideration under § 28 VRG is a procedural remedy within internal administrative review, not a true legal remedy. Since it is not meant to replace an unused appeal or revive expired deadlines, the court's review is limited to the grounds actually presented to the competent authority. Otherwise the court would become a first-instance reconsideration body in place of the administration. The applicant may instead file a new reconsideration request based on the new facts or evidence.