The Federal Administrative Court (BVerwG) has declared the regulation for so-called anticipatory lessons for teachers in Saxony-Anhalt to be invalid (case reference: 2 CN 1.24 of 4 September 2025). According to the ruling, teachers in Saxony-Anhalt were to teach one extra lesson per week for five years, which could then be compensated for later by time off or - upon application - by means of a payment. This was intended to prevent teacher shortages and reduce absenteeism.

A civil servant teacher and a salaried teacher successfully challenged this. The BVerwG ruled that the corresponding regulation in the ordinance on the working hours of teachers at public schools (Section 4b ArbZVO-Lehr LSA) lacked the necessary authorisation. It is true that the state government can regulate the working hours and the distribution of the working hours of its civil servants to a certain extent. However, in the opinion of the BVerwG, the challenged provision went too far. The court also criticised the fact that compensation was only provided for hours actually worked in advance and that part-time teachers had to work the same amount of hours in advance, which violated the „pro-rate-temporis principle“.   

„Brandenburg is also planning for teachers to teach one more lesson (45 minutes) from 1 February 2026. In this respect, the state legislature should heed the decision of the Federal Administrative Court,“ says lawyer Dr Beate Schulte zu Sodingen.