The exam went poorly, but something about that day just wasn't right. Maybe the room was too loud, the questions unclear, or the examiner gave a questionable grade. You're asking yourself: Can I actually do something about this?
The answer: Yes, with an exam appeal. But this isn't a button you press; it's a legal procedure with short deadlines and specific requirements. In this guide, you'll learn when an appeal makes sense, how to proceed, and when a hardship application is the better option.
Key Takeaways
- An exam appeal is possible in cases of procedural or grading errors
- The deadline is usually only 1 month from the date of notification
- Chances of success are significantly over 50% with a well-founded argument
- A hardship application is the alternative if there were no errors but personal reasons
- Lawyer fees: €100–250 for initial consultation, often covered by legal insurance
- Initial consultation at the university (AStA, student counseling) is usually free
What is an exam appeal?
An exam appeal is a formal objection to an examination decision. You are not challenging "bad grades" in general, but rather specific errors in the conduct or grading of the exam. If successful, the exam is repeated or the grade is corrected – ideally without counting towards your number of attempts.
Important: An exam appeal is not an attempt to "just get through it again." The administrative court examines whether your rights as an examinee were violated – not whether the task was difficult or you were not well-prepared.
When you have good chances
Appeals are successful if you can prove specific procedural or grading errors. Here are the most common promising reasons:
How to proceed – step by step
The deadline is the critical point: In most examination regulations, you have one month from the date of notification to file an objection. Sometimes only 14 days – this is stated in the legal remedies instruction on the notification.
If you miss the objection deadline, the decision becomes final. Then even the best legal argument won't help. Reaction window: realistically the first 10 days after receipt.
Here's how the process works:
1. Request file inspection – you are allowed to inspect the corrected exam and the grading criteria
2. File an objection – in writing to the examination office, with justification
3. Supplement the justification – submit detailed justification within 4 weeks
4. Await decision – the examination office usually decides within 6–12 weeks
5. In case of rejection: File a lawsuit with the administrative court – within 1 month
Hardship application – the other option
If the exam was formally correct, but your life has just gone off the rails, a hardship application is often the better path. Particularly relevant: after failing a 3rd attempt (150 monthly search queries for "3rd attempt failed hardship application" alone show how common this situation is).
Recognized hardship reasons include severe illness (including psychological), death of a close relative, pregnancy with complications, acute family emergencies, or traumatic events during the examination period. Important: You need evidence – medical certificates, attestations, documents.
The application is submitted to the examination board and can grant you an additional attempt or a later examination date. This is also an important step before considering options after permanently failing.
Hiring a lawyer – yes or no?
For the initial objection to the examination office, you don't need a lawyer – a well-formulated letter will suffice. However: As soon as the university rejects your objection and it goes to the administrative court, legal assistance is definitely worthwhile.
A specialized initial consultation in examination law typically costs €100–250. Lawyers for higher education law are rare, but they exist in every major city. If you have legal insurance, check beforehand whether administrative law is included in your contract – some policies explicitly cover examination procedures.
For notices regarding attempted deception or plagiarism, you should always consult a lawyer. The consequences are far harsher than for a normally failed exam. More on this in our guide to consequences of attempted deception.
What a successful appeal brings
Ideally: The exam is considered not to have taken place. You get a new attempt, without this attempt counting towards your total. In the case of a grading appeal, only the grade can be corrected – without the need for a retake.
If your bachelor's or master's thesis is affected, stricter rules may apply. Our special guide on failing your bachelor's thesis and failing your master's thesis with their respective specifics can help here.
- Read the notice carefully, note the deadline on the legal remedies instruction
- Request file inspection of the corrected exam in writing
- Schedule an appointment with AStA legal counseling or a specialist lawyer – ideally within 7 days
The hurdle for an appeal seems larger from the outside than it actually is. Universities expect them – and often correct well-founded objections themselves, without it having to go to court. What you need: meet the deadline, gather arguments, remain objective.
"Those who know their rights have already won the first attempt – even if the exam went poorly."
