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SMBs & agencies · Business prohibition

Business prohibition (Gewerbeuntersagung) — challenging the finding of unreliability

Usually because of tax or contribution arrears — if you can prove that the arrears have been paid off, this often removes the basis for the prohibition.

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Quick check: what should you do?

3 short questions — no sign-up required.

Has immediate enforcement been ordered?
Have the underlying arrears since been (partly) paid off?

Deadline at a glance

1 month from service (as stated in the notice of remedies)

§§ 70, 74 VwGO

Whether an objection (Widerspruch) or a direct action for annulment is the admissible remedy depends on the federal state — the notice of available remedies (Rechtsbehelfsbelehrung) in the decision is decisive. If immediate enforcement has been ordered, an urgent application (§ 80 Abs. 5 VwGO) is also required.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

  • With immediate enforcement, the business may effectively have to close even before the decision on the merits.

  • The authority does not always examine milder means (installment payments, conditions) on its own initiative.

  • An extended prohibition can also cover other trades/representative functions.

What you can do here in 5 minutes

A business prohibition (Gewerbeuntersagung) under § 35 GewO requires the trader to be unreliable (unzuverlässig) — frequently because of substantial tax or social security arrears or disorderly financial circumstances. It must have been preceded by a hearing (Anhörung); less severe measures (payment by installments, conditions) must be considered first.

Upload the decision — our AI tools check proportionality and the notice of available remedies and prepare an objection (Widerspruch) or an action for annulment (Anfechtungsklage) and, where applicable, an urgent application.

How it works

Results in three steps

1

Check the notice of remedies

Establish the deadline and the admissible remedy (objection or direct action for annulment) — this depends on the federal state.

2

Urgent application if enforced

If immediate enforcement has been ordered, file an urgent application under § 80 Abs. 5 VwGO.

3

Prove the arrears are settled

Document repayment or a repayment plan — this often removes the basis for the prohibition.

What you get
  • Check the notice of remedies – Establish the deadline and the admissible remedy (objection or direct action for annulment) — this depends on the federal state.
  • Urgent application if enforced – If immediate enforcement has been ordered, file an urgent application under § 80 Abs. 5 VwGO.
  • Prove the arrears are settled – Document repayment or a repayment plan — this often removes the basis for the prohibition.
What it is not
  • No tax or business restructuring advice.
  • No representation before the administrative court.
  • No insolvency advice.

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

Practically always — your livelihood is at stake; a specialist lawyer for administrative or trade law (Fachanwalt).

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