Admission of revision on appropriateness of private clinic inpatient costs under public servant allowance law

The Federal Administrative Court (BVerwG) 5th Senate granted the defendant’s complaint for leave to appeal, finding it admissible and well-founded, and ordered that the pending revision be admitted for reasons of fundamental legal significance, thereby allowing the appellate court to review the lower decision regarding the stationing of the claimant in a private clinic. The case involved a dispute over the appropriateness (Angemessenheit) of healthcare expenses incurred for inpatient treatment in a private facility under the Baden-Württemberg Public Servants’ Allowance Ordinance (BVO BW). The decisive legal basis for the admission of the revision was § 132 Abs. 2 Nr. 1 VwGO, citing the need to clarify the interpretative standards for determining the financial appropriateness of such private sector healthcare costs under § 5 Abs. 1 Satz 1 BVO BW.