A civil servant can be refused employment due to health problems. This is the result of a decision by the Federal Administrative Court (BVerwG) (Ref.: 2 A 4.25 of 12 November 2025). In the case in question, a tariff employee at the Federal Intelligence Service had sued to be taken on as a probationary civil servant. However, the Federal Administrative Court dismissed his claim because absences were to be expected due to the plaintiff's progressive chronic illness. This was not altered by the fact that he was currently fit for duty. There was no degree of disability.

The BVerwG has now clarified that health suitability under Article 33(2) of the Basic Law must be determined prognostically up to the statutory age limit. Therefore, current fitness for service is not sufficient. Rather, it is a matter of the overwhelming probability that the applicant will be able to fulfil their official duties permanently and in full. This is not the case here. Not only full-time absences, but also those resulting from therapies and reduced performance should be considered. The guiding principle of civil servant status remains full-time capability.