Questão jurídica principal
Whether revision should be admitted for fundamental importance concerning recovery of overpaid remuneration under § 12(2) sentence 3 BBesG.
Decisão extraída
Revision was admitted because the case could clarify the requirements for recovering overpaid benefits and the court's role in assessing equity.
Fundamentação extraída
The case raises unresolved questions on whether the court may require the authority to reduce the recovery amount significantly in the equity review, whether predominant responsibility of the authority, enrichment of the civil servant, and long-term overpayment in small instalments may be decisive, and whether an incorrect equity assessment leads to full or partial annulment of the recovery notice.