The employer can cancel the selection procedure even after the selection decision if there is an objective reason. This includes, for example, the candidate's lack of character suitability. The employer may then re-advertise the position. The rejected candidate has no claim to the post. This has now been decided by the Higher Administrative Court (OVG) of Berlin-Brandenburg (Ref.: 4 S 5/25 Decision of 20 March 2025).

In the case in question, a government inspector from the Berlin Senate Administration had applied for a position but concealed the fact that he had previously been seconded to the authority advertising the position, but had not been successful there.

This behaviour by the candidate was to be classified as insincere. The court ruled that the civil servant did not fulfil the basic obligations under civil service law (§§30ff BeamtStG), which include in particular honesty and the ability to cooperate.