Wichtiger Hinweis

    Gemäß der geltenden Sächsischen Corona-Schutz-Verordnung dürfen Personengruppen, die das Gebäude betreten möchten und Angehörige verschiedener Hausstände umfassen, maximal aus 11 Personen bestehen (§ 2 Abs. 2 Nr. 2 SächsCoronaSchVO).

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As a general rule, punishable possession of child pornography by teachers - even in small quantities - entails the removal of civil servant status in disciplinary proceedings. This was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today in two appeal proceedings on points of law, thereby further developing its jurisprudence on this type of matter. In accordance with the legal situation in force since 2004 governing the two proceedings, the possession of child pornography (including image and video files) incurred a sentence of up to two years' imprisonment or a fine (section 184b (4) of the German Criminal Code (StGB, Strafgesetzbuch) old version). It was not until early 2015 that the legislature increased the sentencing range by one year to three years (now section 184b (3) StGB, new version).

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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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The Higher Administrative Court (Oberverwaltungsgericht) for the Federal State of North Rhine-Westphalia must once more decide on the action brought against the Lünen hard coal-fired power plant. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. The claimant, a recognised nature conservation association, is contesting an administrative act deciding beforehand on several aspects of an application concerning immission control law (immissionsschutzrechtlicher Vorbescheid) issued to the power supply company summoned as a third party to attend the proceedings as a party whose rights may be affected (hereinafter summoned third party) as well as the 1st and 7th partial approvals for the hard coal-fired power plant in Lünen, which has in the meantime been built and is in regular operation.

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For a civil servant who has performed different tasks for a significant time period since the last routine performance appraisal, the employer is only obligated to prepare an occasion-related performance appraisal on the occasion of a selection process for promotion posts if the relevant post is attributed exclusively to an office conferred on a civil servant according to his or her status which follows, inter alia, from the title, final basic salary, career path and career group (Statusamt, hereinafter office conferred according to the status) with a higher value.

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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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