An objection is when a conformity assessment body or another party requests that a decision announced publicly by DAkkS by administrative act be reviewed in the accreditation case. The processing of objections is the responsibility of the DAkkS Appeals Office. This is an organisational unit separate from the divisions and is therefore not involved in the initial decision.
Information on the DAkkS procedure for objections
- Please clearly indicate the administrative act against which you wish to lodge an objection.
- DAkkS will confirm receipt of your objection in writing or by e-mail.
- Your objection has suspensive effect, which means that the contested decision is not enforceable for the time being. This does not apply only if otherwise prescribed by law (for example in the case of fee notices) or if the accreditation body has ordered immediate implementation.
- You can withdraw your objection at any time. Please note the requirement for the written form or the requirements of Section 3a (2) VwVG for the communication of electronic documents.
- The DAkkS Appeals Office examines the admissibility of your objection. If this is the case, it examines whether the contested decision is lawful and appropriate. It also considers, but does not restrict itself to, the objections raised by the appealing party.
- In the course of this review, the Appeals Office examines the case file, obtains the opinions of the relevant persons where applicable and, in individual cases, also commission a further assessment.
- If the Appeals office determines that the initial decision was unlawful (or partially unlawful) or that the original decision can no longer be upheld at the time of the decision on the objection, it will remedy (or partially remedy) the objection. If on the other hand it considers the objection to be unfounded, it will reject it in the form of a ruling on the objection subject to payment of a fee.
- The decision will be sent to you by post with notice of delivery.
Electronic documents with qualified electronic signature/De-Mail
Electronic documents with a qualified electronic signature can be sent to all DAkkS e-mail addresses. The term ‘qualified electronic signature’ is defined in Article 3 (12) of Regulation (EU) No 910/2014 (“eIDAS Regulation”). If the electronic document is signed in accordance with the requirements, you can use it to replace the written form required for the objection.
You can also replace the written form required for the objection by sending a De-Mail. Please address this mail to firstname.lastname@example.org .
Please note: You can successfully replace the written form required by law with De-Mail only if you send an electronic document to DAkkS by De-Mail as a “confirmed secure registration” pursuant to Section 5 (5) of the De-Mail Act.