Isolated revocation of burdensome ancillary conditions to beneficial administrative acts limited to cases where remaining act is independently lawful

The 8th Revision Senate of the Federal Administrative Court affirmed its established legal position in response to a query from the 4th Revision Senate, effectively upholding the principle that a burdensome ancillary condition attached to a beneficial administrative act can be revoked in isolation in an annulment lawsuit only if the remaining administrative act is lawful on its own merits. This decision resolves a procedural question regarding the scope of judicial review in administrative law, specifically concerning the separability and isolated revocability of negative stipulations (Nebenbestimmungen) within favorable administrative decisions. The ruling restates the doctrine that such isolated annulment is permissible only when the residual administrative act retains independent legality, thereby clarifying the boundaries of judicial remedy in cases involving mixed administrative acts containing both beneficial and burdensome elements.