The restitution procedure under sec. 80, para. 5, German Administrative Code, in Atomic Law

While usually litigation before an administrative court against administrative actions taken by public authorities has a suspensive effect, this effect will be lost if the public authority orders the immediate execution of an administrative action. This is mostly true of permits granted for nuclear power stations, because of the public interest existing in such cases. In the increasingly more numerous court cases about nuclear power stations in the Federal Republic of Germany the specific court procedure instituted to restore the suspensive effect of an action to set aside plays a more and more important role. The legal aspects of the procedure and the present practice of administrative courts in various federal states are described. (orig.)