Whether circumstances equating a service offense with a theft exclude the mitigation ground of the property's low value

The Federal Administrative Court (BVerwG) granted leave to appeal for basic significance, allowing the case to proceed to the merits without determining the final substantive outcome. The dispute concerns a disciplinary proceeding against a civil servant for a service offense involving a theft-like access offense, specifically focusing on whether circumstances that justify equating a service offense with a theft offense simultaneously preclude the application of the mitigation factor for the low value of the property. The decision rests on § 132(2) No. 1 VwGO and § 67 LDG NRW, addressing the legal question of whether the equivalence between a service offense and a theft offense excludes the recognized mitigation ground of property insignificance, a conflict identified in prior case law.