Kernrechtsfrage
Whether revision should be admitted due to a post-decision divergence on the relevance of a trust arrangement under BAföG.
Extrahierter Entscheid
Revision was admitted because the appellate court departed from later Federal Administrative Court case law.
Extrahierte Begründung
The OVG assumed that a fiduciary binding arrangement was irrelevant under educational assistance law, although the Federal Administrative Court had held in later judgments that civil-law valid and proven concealed trust agreements are relevant.