Questão jurídica principal
How far may the court review an examination decision by the Juristische Prüfungskommission under § 52(3) GO?
Decisão extraída
The court may not replace the commission's discretion in assessing exam performance and may intervene only in the event of a manifest excess of discretion or reliance on irrelevant considerations.
Fundamentação extraída
Section 52(3) GO expressly excludes review of appropriateness. Exam grading is only narrowly reviewable because the reviewing court lacks the same proximity to the assessment factors as the examining authority. Intervention is justified only if the decision is untenable, arbitrary, or based on improper considerations; questions of legal interpretation, legal application, and procedural equality remain freely reviewable.