Disciplinary proceedings that are still ongoing can cast considerable doubt on personal suitability and justify exclusion from the application process. This is the result of a decision in summary proceedings by the Administrative Court of Hanover (Ref.: 13 B 8927/25 dated 12/02/2026).  

In the proceedings at hand, the head of a comprehensive school in North Rhine-Westphalia had applied for the position of head of a comprehensive school in Lower Saxony. However, she was the subject of extensive disciplinary proceedings in North Rhine-Westphalia, which included embezzlement of school fees. The Lower Saxony education authority then excluded the applicant from the selection process. The headmistress unsuccessfully appealed against this decision.

According to the court, ongoing disciplinary proceedings may be taken into account in the application process as long as they are not obviously unfounded or abusive. In this case, the allegations were also too weighty and varied, the court found. It expressly transferred the case law of the Federal Administrative Court previously developed for promotions to transfer procedures - even if the selection and disciplinary authorities are not identical. According to the court, the decisive factor was that the ongoing proceedings already cast doubt on the suitability of the employee's character.