From the desk to the courtroom
An administrative judge from Brandenburg fought his way through the courts for almost a decade – over copying costs amounting to €16. With a reminder fee: €21. The dispute went all the way to the top, to the Federal Administrative Court (BVerwG) in Leipzig. The result: the judge is stuck with the costs. And that is rightly causing people to shake their heads – not only because of the small amount involved, but also because of the big question behind it: as a civil servant, do you really have to pay if you want copies of your own personnel file?
It started with 32 sheets of paper
Der Fall ist schnell erzählt: Der Richter wollte im September 2016 in seine Personalakte schauen – genauer gesagt in Daten aus dem Zeiterfassungssystem „Zeus“. Nach der Einsicht bat er um 32 Kopien. Sein Dienstherr stellte ihm dafür 16 Euro in Rechnung – 50 Cent pro Seite. Weil der Richter nicht zahlte, kamen noch 5 Euro Mahngebühr dazu.
What followed was a legal marathon. Objection. Lawsuit. Appeal. In the end, the case ended up at the Federal Administrative Court—where it was finally dismissed.
Why the judge has to pay
The crux of the dispute: Is there any legal basis for a judge to have to pay for copies of his personnel file? According to the Potsdam Administrative Court and the Berlin-Brandenburg Higher Administrative Court (OVG): Yes – based on the so-called "initiator principle." This means that whoever initiates something also pays for it.
Although Brandenburg state law did not contain any explicit provisions on copying costs, the courts considered this principle to be sufficient. They did not follow the plaintiff's argument that, according to an earlier ruling by the Federal Administrative Court (BVerwG) from 2016 (on the Freedom of Information Act), fees should not be prohibitive. This is because the 2016 case related to federal law, whereas the current dispute relates to state law. And that is not "appealable," as the BVerwG has now confirmed.
So the judge has to pay. And he's not only left with the 21 euros, but also with considerable damage to his image.
Our critical assessment
Is it necessary to initiate legal proceedings over a few copies? Of course, civil servants are also entitled to defend themselves if they suspect injustice – but at some point it becomes a matter of principle. Anyone in salary grade R1 who has been keeping the courts busy for almost ten years in order to save 50 cents per page may be missing the big picture. This turns the administration of justice into a petty war—and the personnel file into a lesson in perspective.
Source: lto.de
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