Reimbursement eligibility of private hospital expenses under public servant maintenance benefit: appropriateness requirement under § 5 BVO BW

The Federal Administrative Court (5th Senate) admitted the defendant's appeal for review, granting a petition for leave to appeal on the grounds that the legal issue holds fundamental significance. The case concerns the eligibility of expenses incurred for stationary treatment in a private hospital for reimbursement under the public servants' maintenance benefit scheme in Baden-Württemberg. The defendant challenged the lower court's determination that such private hospital costs did not meet the requirement of appropriateness. The decisive legal basis is § 132 Abs. 2 Nr. 1 VwGO, which permits admission of the appeal when a question of fundamental importance—specifically the interpretation of "appropriateness" under § 5 Abs. 1 Satz 1 BVO BW regarding private hospital stays—requires clarification by the supreme administrative court. Consequently, the matter will proceed to the Federal Administrative Court for substantive adjudication.