An assessment centre may not play the central role in a selection procedure if civil servants are to be selected for a higher-ranking management position. This is the result of a ruling by the Federal Administrative Court (BVerwG) (Ref.: 2 VR3.25 of 20 May 2025). A BND head of division had filed a complaint against the decision of his employer. Although the applicant had received top marks in the last regular assessment, he did not score well in the mandatory „Leadership“ assessment centre and was therefore not selected for the position.

The BVerwG has now granted his application for a temporary injunction against non-consideration. The requirement to provide evidence of management experience - irrespective of the official assessment - violated the principle of selecting the best candidates in accordance with Article 33 (2) of the Basic Law and infringed the career principle under civil service law. The exclusion of an applicant is only permissible in the case of objectively verifiable comparative criteria, but not in the case of judgemental characteristics such as leadership competence. Furthermore, the BVerwG also criticised the central role that the assessment centre had played in the selection process at the BND. It had effectively replaced the official appraisals. A psychologist who was not a member of the authority was also authorised to vote without there being a legal basis for this.