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The Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig, in a decision of today's date, has submitted to the Court of Justice of the European Union (CJEU) a request for a preliminary ruling on questions relating to the interpretation of article 23 (1) (j) and (e) of the General Data Protection Regulation (GDPR). In the underlying legal dispute, an insolvency administrator requests access to the insolvency debtor's tax-related data from the competent tax office, based on the Freedom of Information Act of the Federal State of North Rhine-Westphalia (IFG NRW, Informationsfreiheitsgesetz des Landes Nordrhein-Westfalen).

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Expulsions may also be based solely on general preventive grounds under the amended expulsion law. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. At the same time, it has requested the Court of Justice of the European Union (CJEU) to give a preliminary ruling on questions concerning the applicability of the Return Directive 2008/115/EC on the ban on entry and residence accompanying the expulsion decision.

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If there is reason to believe that an application for asylum is inadmissible pursuant to section 29 (1) no. 2 to 5 of the Asylum Act (AsylG, Asylgesetz), an administrative court may grant an action for a grant of international protection only if the requirements of the ground of inadmissibility in question are absent. This applies even if the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, hereinafter Federal Office) has decided on the merits of the application.

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The Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig has decided today that the driver licensing authority may not generally and without further clarification assume that an occasional user of cannabis who drove a motor vehicle for the first time under the influence of cannabis is unfit to drive and immediately withdraw the driving licence. In such cases, the driver licensing authorities are obliged to decide at their discretion in accordance with legal obligation whether to obtain a medical-psychological expert report pursuant to section 46 (3) in conjunction with section 14 (1) third sentence of the Driver Licensing Ordinance (FeV, Fahrerlaubnis-Verordnung) in order to clarify the doubt regarding driving fitness resulting from this drive. In the proceedings pending before the Federal Administrative Court, road checks had shown that the claimants, who were occasional users of cannabis, drove a motor vehicle despite previously using of cannabis.

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The Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig has decided today that an association can only be registered in the list of qualified institutions under section 4 (1) and (2) of the Injunctive Relief Act (UKlaG, Unterlassungsklagengesetz) if it provides consumer information and advice exclusively in the interest of consumers. This is not the case where information and advice serve the economic interest of the association or of third parties.

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Generally, a fee may be charged for special police expenses made on the occasion of a commercial high-risk event. This was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. Pursuant to section 4 (4) of the Bremen Fees and Contributions Act (BremGebBeitrG, Bremisches Gebühren- und Beitragsgesetz) organisers of a profit-oriented major event shall - under certain circumstances - be charged a fee.

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A derived right of residence under EU law may arise in the case of a third-country national spouse of a Union citizen entitled to freedom of movement living in Germany even after the termination of marital cohabitation. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. The claimant, a Nigerian national, married a Bulgarian citizen in Greece in 2008. The married couple travelled together to the federal territory in 2012 to take up employment. They separated in 2014, and the claimant's wife moved to Bulgaria by herself.

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The Federal Administrative Court (Bundesverwaltungsgericht) referred to the Court of Justice of the European Union (CJEU) questions on the interpretation of the term "legal tender" under EU law and on the scope of the exclusive competence that the European Union enjoys in the area of monetary policy. As owners of dwellings, both claimants to the main proceedings are liable to pay the public broadcasting licence fee (Rundfunkbeitrag).

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If an asylum applicant withdraws an application for international protection while maintaining an application for a declaration on the existence of national deportation bans under section 60 (5) and (7) of the Residence Act (AufenthG, Aufenthaltsgesetz), the effectiveness of the withdrawal requires that the still-maintained request for protection from deportation is not founded on reasons that are covered by international protection (refugee and subsidiary protection).

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The Joint Service Regulation (ZDv, Zentrale Dienstvorschrift) A 2630/1 "The External Appearance of Female and Male Military Personnel of the Bundeswehr" (Das äußere Erscheinungsbild der Soldatinnen und Soldaten der Bundeswehr) lacks a sufficient legal basis. For a transitional period, this Service Regulation, which is generally known as the "Hair and Beard Decree" (Haar- und Barterlass), but which also contains other rules, for example on tattoos and piercings, is to continue to be applied until a corresponding new regulation has been introduced.

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