Section 1 Actions for the Revocation of Administrative Dispositions
第一節 取消訴訟
第八条(処分の取消しの訴えと審査請求との関係)
Even where a request for an administrative review of the original administrative disposition may be made pursuant to the provisions of laws and regulations, this does not preclude the immediate filing of an action for the revocation of the original administrative disposition; provided, however, that this does not apply if there are provisions in any law that no action for the revocation of an original administrative disposition may be filed until an administrative determination is made in response to a request for an administrative review of the original administrative disposition.
Even in the case referred to in the proviso to the preceding paragraph, if the case falls under any of the following items, an action for the revocation of the original administrative disposition may be filed without obtaining an administrative determination:
where no administrative determination is made after a period of three months has elapsed from the day on which the request for an administrative review was made;
where there is an urgent necessity in order to avoid any considerable damage that would be caused by the original administrative disposition, the execution of the original administrative disposition or the continuation of any subsequent procedure; or
処分、処分の執行又は手続の続行により生ずる著しい損害を避けるため緊急の必要があるとき。
where there are other reasonable grounds not to obtain an administrative determination.
その他裁決を経ないことにつき正当な理由があるとき。
In the case referred to in the main clause of paragraph (1), if a request for an administrative review of the original administrative disposition has already been made, the court may suspend litigation proceedings until an administrative determination is made in response to the request for the administrative review (in cases where no administrative determination is made after a period of three months has elapsed from the day on which the request for the administrative review was made, until that period expires).
第九条(原告適格)
An action for the revocation of an original administrative disposition and an action for the revocation of an administrative determination (hereinafter referred to as "actions for the revocation of administrative dispositions") may be filed only by a person who has legal interest to seek the revocation of the original administrative disposition or of the administrative determination (including a person who has legal interest to be recovered by revoking the original administrative disposition or administrative determination even after it has lost its effect due to the expiration of a certain period or for other reasons).
When judging whether or not any person, other than the person to whom an original administrative disposition or administrative determination is addressed, has the legal interest prescribed in the preceding paragraph, the court is not to rely only on the language of the provisions of the laws and regulations which give a basis for the original administrative disposition or administrative determination, but is to consider the purport and objectives of the laws and regulations as well as the content and nature of the interest that should be taken into consideration in making the original administrative disposition. In this case, when considering the purport and objectives of those laws and regulations, the court is to take into consideration the purport and objectives of any related laws and regulations which share the objective in common with those laws and regulations, and when considering the content and nature of that interest, the court is to take into consideration the content and nature of the interest that would be harmed if the original administrative disposition or administrative determination were made in violation of the laws and regulations which give a basis therefor, as well as in what manner and to what extent that interest would be harmed.
裁判所は、処分又は裁決の相手方以外の者について前項に規定する法律上の利益の有無を判断するに当たつては、当該処分又は裁決の根拠となる法令の規定の文言のみによることなく、当該法令の趣旨及び目的並びに当該処分において考慮されるべき利益の内容及び性質を考慮するものとする。この場合において、当該法令の趣旨及び目的を考慮するに当たつては、当該法令と目的を共通にする関係法令があるときはその趣旨及び目的をも参酌するものとし、当該利益の内容及び性質を考慮するに当たつては、当該処分又は裁決がその根拠となる法令に違反してされた場合に害されることとなる利益の内容及び性質並びにこれが害される態様及び程度をも勘案するものとする。
Article 10Restriction on Grounds for Revocation
第十条(取消しの理由の制限)
In an action for the revocation of an administrative disposition, the plaintiff may not seek revocation on the grounds of breach of law which is irrelevant to their interest.
取消訴訟においては、自己の法律上の利益に関係のない違法を理由として取消しを求めることができない。
Where both an action for the revocation of the original administrative disposition and an action for the revocation of an administrative determination that has dismissed a request for an administrative review of the original administrative disposition may be filed, it may not be allowed to seek the revocation of the original administrative disposition on the grounds of illegality thereof in an action for the revocation of an administrative determination.
第十一条(被告適格等)
Where an administrative authority that has made an original administrative disposition or administrative determination (in cases where the power of the administrative authority that made the original administrative disposition or administrative determination has later been succeeded to by another administrative authority, that other administrative authority; the same applies hereinafter) is affiliated with the State or a public entity, any action for the revocation of that administrative disposition must be filed against the person specified in each of the following items according to the categories of actions listed in the respective items:
an action for the revocation of the original administrative disposition:the State or public entity with which the administrative authority that has made the original administrative disposition is affiliated; or
an action for the revocation of an administrative determination:the State or public entity with which the administrative authority that has made the administrative determination is affiliated.
Where an administrative authority that has made the original administrative disposition or administrative determination is not affiliated with the State or any public entity, any action for the revocation of that administrative disposition must be filed against the administrative authority.
Where neither the State nor any public entity or administrative authority can be identified as the party to be sued under the provisions of the preceding two paragraphs, any action for the revocation of an administrative disposition must be filed against the State or public entity in which the affairs pertaining to the original administrative disposition or administrative determination are vested.
When filing an action for the revocation of an administrative disposition against the State or a public entity pursuant to the provisions of paragraph (1) or the preceding paragraph, the administrative authority specified in each of the following items according to the categories of actions listed in the respective items is to be stated in a complaint, in addition to the matters to be stated under the provisions on civil actions:
an action for the revocation of the original administrative disposition:the administrative authority that has made the original administrative disposition; or
an action for the revocation of an administrative determination:the administrative authority that has made the administrative determination.
Where an action for the revocation of an administrative disposition is filed against the State or a public entity pursuant to the provisions of paragraph (1) or paragraph (3), the defendant must clearly indicate to the court, without delay, the administrative authority specified in each item of the preceding paragraph according to the categories of actions listed in those items.
An administrative authority that has made an original administrative disposition or administrative determination has the power to conduct any and all acts in court in an action filed against the State or the public entity under the provisions of paragraph (1) with regard to the original administrative disposition or administrative determination.
第十二条(管轄)
An action for the revocation of an administrative disposition is subject to the jurisdiction of the court that has jurisdiction over the location of the general venue of the defendant or the court that has jurisdiction over the location of the administrative authority that has made the original administrative disposition or administrative determination.
An action for the revocation of administrative dispositions pertaining to condemnation of land or establishment of a mining right or any other original administrative disposition or administrative determination pertaining to real property or a particular place may also be filed with the court that has jurisdiction over the location of the real property or place.
An action for the revocation of an administrative disposition may also be filed with the court that has jurisdiction over the location of the lower administrative organ that has handled the case regarding the original administrative disposition or administrative determination.
An action for the revocation of an administrative disposition against the State or an incorporated administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) or any of the juridical persons listed in the appended table may also be filed with the district court that has jurisdiction over the location of the high court that has jurisdiction over the location of the plaintiff's general venue (hereinafter referred to as a "specified court with jurisdiction" in the following paragraph).
Where an action for the revocation of an administrative disposition set forth in the preceding paragraph is filed with a specified court with jurisdiction pursuant to the provisions of that paragraph while an action for the judicial review of an administrative disposition is pending at another court with regard to another original administrative disposition or administrative determination that was made based on the de facto or de jure same cause as that of the former, the specified court with jurisdiction may, upon petition or by its own authority, transfer the whole or part of the action to that other court or any of the courts specified in paragraph (1) through paragraph (3), when it finds it appropriate while taking into consideration the address or location of each party, the address of each witness to be examined, the points at issue or evidence common to both cases, and other circumstances concerned.
Article 13Transfer of Action Pertaining to Related Claim
第十三条(関連請求に係る訴訟の移送)
Where an action for the revocation of an administrative disposition and an action pertaining to a claim that falls under any of the following items (hereinafter referred to as a "related claim") are pending before different courts, the court before which the action pertaining to a related claim is pending may, upon petition or by its own authority, transfer the action to the other court before which the action for the revocation of the administrative disposition is pending, when it finds it appropriate; provided, however, that this does not apply where either the action for the revocation of the administrative disposition or the action pertaining to a related claim is pending before a high court:
取消訴訟と次の各号の一に該当する請求(以下「関連請求」という。)に係る訴訟とが各別の裁判所に係属する場合において、相当と認めるときは、関連請求に係る訴訟の係属する裁判所は、申立てにより又は職権で、その訴訟を取消訴訟の係属する裁判所に移送することができる。ただし、取消訴訟又は関連請求に係る訴訟の係属する裁判所が高等裁判所であるときは、この限りでない。
a claim for restoration or for compensation for damages related to the relevant original administrative disposition or administrative determination;
a claim for the revocation of another original administrative disposition which forms a single procedure together with the relevant original administrative disposition;
当該処分とともに一個の手続を構成する他の処分の取消しの請求
a claim for the revocation of an administrative determination pertaining to the relevant original administrative disposition;
a claim for the revocation of an original administrative disposition pertaining to the relevant administrative determination;
another claim to seek the revocation of the relevant original administrative disposition or administrative determination; or
any other claim related to the claim for the revocation of the relevant original administrative disposition or administrative determination.
No action for the revocation of an administrative disposition may be filed when a period of six months has elapsed from the day on which the person who seeks revocation became aware of the fact that the original administrative disposition or administrative determination was made; provided, however, that this does not apply if there are reasonable grounds for failing to meet that time limit.
No action for the revocation of an administrative disposition may be filed when a period of one year has elapsed from the date of the original administrative disposition or administrative determination; provided, however, that this does not apply if there are reasonable grounds for failing to meet that time limit.
If a request for administrative review is made with regard to an original administrative disposition or administrative determination in cases where a request for administrative review may be made or where an administrative authority has mistakenly informed that a request for administrative review may be made, the person who has made the request, notwithstanding the provisions of the preceding two paragraphs, may not file an action for the revocation of an administrative disposition when a period of six months has elapsed from the day on which the person became aware of the fact that an administrative determination was made in response to their request for an administrative review or when a period of one year has elapsed from the date of the administrative determination; provided, however, that this does not apply if there are reasonable grounds for failing to meet that time limit.
Article 15Remedy for Action Against Wrong Defendant
第十五条(被告を誤つた訴えの救済)
When a plaintiff has, unintentionally or without gross negligence, sued a wrong person in an action for the revocation of an administrative disposition, the court may, upon the petition of the plaintiff, by an order, permit the plaintiff to change the defendant.
取消訴訟において、原告が故意又は重大な過失によらないで被告とすべき者を誤つたときは、裁判所は、原告の申立てにより、決定をもつて、被告を変更することを許すことができる。
An order set forth in the preceding paragraph is to be made by preparing an electronic written order (meaning an electronic or magnetic record (meaning a record made by an electronic method, a magnetic method or any other method that cannot be perceived by the human senses, which is used in information processing by computers) prepared pursuant to the provisions of Article 252, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996) as applied mutatis mutandis pursuant to Article 122 of that Code; the same applies hereinafter in this paragraph), and that electronic written order (limited to one recorded in a file stored on a computer (including input and output devices) used by the court pursuant to the provisions of Article 253, paragraph (2) of that Code as applied mutatis mutandis pursuant to Article 122 of that Code) must be served upon a new defendant.
前項の決定は、電子決定書(民事訴訟法(平成八年法律第百九号)第百二十二条において準用する同法第二百五十二条第一項の規定により作成された電磁的記録(電子的方式、磁気的方式その他人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものをいう。)をいう。以下この項において同じ。)を作成してするものとし、その電子決定書(同法第百二十二条において準用する同法第二百五十三条第二項の規定により裁判所の使用に係る電子計算機(入出力装置を含む。)に備えられたファイルに記録されたものに限る。)を新たな被告に送達しなければならない。
When an order set forth in paragraph (1) is made, it is deemed, with regard to compliance with the statute of limitations for filing an action, that an action against a new defendant was filed at the time of the filing of the initial action.
第一項の決定があつたときは、出訴期間の遵守については、新たな被告に対する訴えは、最初に訴えを提起した時に提起されたものとみなす。
When an order set forth in paragraph (1) is made, it is to be deemed that the action against the initial defendant has been withdrawn.
第一項の決定があつたときは、従前の被告に対しては、訴えの取下げがあつたものとみなす。
No appeal may be entered against an order set forth in paragraph (1).
第一項の決定に対しては、不服を申し立てることができない。
An immediate appeal may be filed against an order to dismiss without prejudice a petition set forth in paragraph (1).
第一項の申立てを却下する決定に対しては、即時抗告をすることができる。
When a court has made an order set forth in paragraph (1) in an appellate instance, the court must transfer the action to the court with jurisdiction.
上訴審において第一項の決定をしたときは、裁判所は、その訴訟を管轄裁判所に移送しなければならない。
Article 16Objective Joinder of Claims
第十六条(請求の客観的併合)
An action for the revocation of an administrative disposition may be joined with an action pertaining to a related claim.
In the case of the joinder of actions under the provisions of the preceding paragraph, if the court of first instance of the action for the revocation of an administrative disposition is a high court, it must obtain consent from the defendant in the action pertaining to a related claim. If the defendant has presented oral arguments on the merits or made statements in preparatory proceedings without making any objection, that defendant is deemed to have consented to the joinder of actions.