Disciplinary measure proportionality and applicability of shifted benchmark ranges for internal service offenses with sufficient connection to official duties

The Federal Administrative Court reversed the administrative court of appeals' decision not to admit an appeal and granted the revision, thereby allowing the disciplinary proceedings to continue at the highest judicial level. This decision arose from a disciplinary case where the respondent challenged the proportionality of the disciplinary measure imposed, specifically arguing that the lower courts erred in failing to apply a reduced baseline range (Orientierungsrahmen) for offenses committed in the course of duty that have a sufficient connection to official duties. The court found the appeal admissible because the case raises a question of fundamental legal significance under § 132(2)(1) of the Administrative Court Rules (VwGO), specifically whether the statutory framework requires a shift in the benchmark for determining disciplinary sanctions in such internal service-related offenses.