Civil service pension credit: whether cooperation with state security during unsuccessful recruitment counts as disqualifying "activity" under Thuringian service regulations

The Federal Administrative Court ordered the remittal of the case to the lower court, granting the revision despite the absence of a final judgment on the merits at this instance. The dispute concerns public service law, specifically whether periods of activity for the Ministry for State Security are subject to exclusion from service credit calculations for retirement or pension purposes. The core issue is whether the legal definition of "activity" includes incidental cooperation or assistance provided during an unsuccessful recruitment attempt by the state security agency, without an official employment contract or service obligation. The decisive legal basis involves the interpretation of § 3 of the Thuringian Public Service Regulations in conjunction with § 30(1) of the Federal Beamtenstatusgesetz (BBesG), or § 3 of the Thuringian Public Service Regulations in conjunction with § 25 of the Thuringian Beamtenstatusgesetz and § 30(1) BBesG, to determine the scope of disqualifying periods for civil service benefits.