Questione giuridica chiave
Whether the administrative court judgment diverged from BVerwG case law on the start of the two-year period under § 2(5) sentence 1 VZOG.
Decisione estratta
Yes. The Federal Administrative Court held that its case law starts the two-year period with the finality of the decision, whereas the lower court wrongly relied on the decision's effectiveness.
Motivazione estratta
The lower court adopted a legal proposition inconsistent with prior decisions of the Senate, thereby satisfying the divergence ground under § 132(2) no. 2 VwGO.