Administrative Litigation Act Article 6

A litigation for a declaratory judgment confirming the invalidity of an administrative disposition or confirming the existence or nonexistence of a legal relation under the public law may not be initiated unless the plaintiff has immediate legal interests in demanding such judgment. The same rule shall apply to a litigation for a declaratory judgment confirming the invalidity of a disposition which has been executed and there is no possibility for restoration, or confirming the illegality of a voided disposition.A litigation for a declaratory judgment confirming the invalidity of an administrative disposition may not be initiated unless an action to confirm the invalidity of the administrative disposition has been initiated with the original administrative agency which made the disposition but has not been granted or no response is given after a thirty-day period has elapsed after such action initiated.A litigation for a declaratory judgment may not be initiated where the plaintiff may or is able to initiate a litigation of revocation or a litigation demanding performance of certain obligations or ordinary payment, except for a litigation for a declaratory judgment confirming the invalidity of an administrative disposition.Where a litigation for a declaratory judgment confirming the invalidity of an administrative disposition was erroneously initiated while a litigation of revocation or a litigation demanding performance of certain obligations should have been initiated, if no administrative appeal procedure has been initiated, the administrative court shall transfer the case by a ruling to the agency with jurisdiction of administrative appeal; it shall be regarded that an administrative appeal has been filed at the time the complaints were filed with the administrative court.