Experience in a particular position does not automatically give a person an advantage over a competitor. This has now been decided by the Administrative Court (VG) of Freiburg in the dispute over the appointment of a senate chairman at the Higher Regional Court (Ref.: 3 K 1791/25 of 21 July 2025).

Initially, the Ministry of Justice in Baden-Württemberg favoured a deputy chairman of the senate for the position. However, it then followed the suggestion of the presidential council of the ordinary courts and voted in favour of a long-standing presiding judge at the regional court. The decision was based on the applicant's many years of service and the associated higher level of expertise.

The unsuccessful applicant challenged the selection decision in summary proceedings and was successful. The VG ruled that the position may not be filled with the selected candidate for the time being because the selection decision was not sufficiently justified and not comprehensible. The appointment was not based on the applicant's „standing time“, but solely on her individual suitability, performance and aptitude for the desired higher status position.