Kernrechtsfrage
Whether a violation of the right to be heard requires annulment in this special administrative complaint procedure.
Extrahierter Entscheid
The complaint procedure does not allow the court to alter or annul the challenged personnel decision; it can only declare whether the decision is unlawful. The right-to-be-heard violation therefore leads only to a finding of formal unlawfulness, not to annulment.
Extrahierte Begründung
The right to be heard is a formal, independent right and would normally require annulment by an appellate body able to set aside or modify the decision. Here, however, §§ 90(1) and 93 PG show that the 'administrative court complaint' has no suspensive effect and gives the court no power to change or annul the decision; it is limited to a declaratory finding of unlawfulness.