Social welfare agency’s BAföG cost recovery: whether Section 46 requires a prior application

The Federal Administrative Court (BVerwG) dismissed the defendant's appeal for lack of prospects of success and granted the plaintiff's leave to appeal on grounds of fundamental legal importance, thereby upholding the lower instance decision in favor of the plaintiff. The dispute arose from a cost reimbursement claim brought by a social welfare agency against a Federal Office for Education and Scholarship, concerning the legal requirements for initiating such claims in the context of educational support. The pivotal legal issue identified for further review is whether a formal application is required under Section 46 of the Federal Education and Scholarship Promotion Act (BAföG) for a social welfare agency to demand reimbursement from the Federal Office for Education and Scholarship.