What is 16 68

  • BVerwG, 06/13/1979 - 6 C 59.78

    Interest in declaratory judgment in the event of an action for annulment and ...

    Taking into account the case law of the Federal Administrative Court - some of which were also cited by the appeal itself (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; Judgments of May 17, 1973 - BVerwG 2 C 38.72 - [Buchholz 238.920 BhV Baden-Württemberg No. 1], of April 1, 1976 - BVerwG 2 C 39.73 - [BVerwGE 50, 292]) and the Federal Labor Court (judgment of 28. May 1975 - 4 AZR 375/74 - [DÖD 1976, 163 = BAG AP No. 4 to No. 3 State aid regulations]), the judgment of the Senate carried out in the judgment of October 18, 1976 - BVerwG 6 C 4.71 - (... loc. Cit.) :.

    "Because according to the case law of the Federal Administrative Court, an aid claim - its existence, subordinate - is lost with the death of a beneficiary (cf. BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; Judgments of May 17, 1973 - BVerwG II C 38.72 - [Buchholz 238.920 BhV Baden-Württemberg No. 1]… and of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.]; see also BAG…, judgment of May 28, 1975 - 4 AZR. 375/74 - [loc. Cit.]).

    As the 2nd Senate of the Federal Administrative Court in the already mentioned judgment of April 1, 1976 - BVerwG II C 39.73 - in connection with the decision of the 8th Senate of the Federal Administrative Court (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [71]), when interpreting No. 14 BhV, it is advisable to take greater account of the fact that the state aid rules are based on the employer's duty of care, which only apply to the officials and extends to his immediate family members, but not to the heirs or other legal successors who do not belong to his family.

    At most, new independent claims of certain relatives will be established without being linked to inheritance law (No. 14 Paragraph 1 Clause 1 BhV), which, depending on the circumstances, may be granted to third parties in accordance with No. 14 Paragraph 2 BhV, in order to the civil servant or To take care of the beneficiary that other people could remain unreasonably burdened by expenses in connection with his illness (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [69]).

    This regulation is compatible with the Basic Law, in particular with Art. 3 Paragraph 1, 14 Paragraph 1 Sentence 1, 33 Paragraph 5 GG (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [72 f.];… Judgment of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.]; BAG ..., judgment of May 28, 1975 - 4 AZR 375/74 - [loc. Cit.]). ".

  • BVerwG, January 20, 1977 - 5 C 18.76

    Possibility of asserting a claim for compensation by means of a performance notice ...

    There is also no reason to consider the public money debt of Z. as having perished with his death, such as a claim of a highly personal nature (cf. BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; 21, 302 [BVerwG 07/06/1965 - II C 34/63] [303]).
  • BVerwG, October 18, 1976 - VI C 4.71

    Eligibility for aid - social assistance institutions - beneficiaries

    Because according to the case law of the Federal Administrative Court, an aid claim - subject to its existence - expires with the death of a beneficiary (cf. BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; Judgments of May 17, 1973 - BVerwG II C 38.72 - [Buchholz 238.920 BHV Baden-Württemberg No. 1] ... and of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.]; see also BAG ..., judgment of May 28, 1975 - 4 AZR 375/74 - [loc. cit.]).

    As the 2nd Senate of the Federal Administrative Court in the already mentioned judgment of April 1, 1976 - BVerwG II C 39.73 - in connection with the decision of the 8th Senate of the Federal Administrative Court (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [71]), when interpreting No. 14 BhV, it is advisable to take greater account of the fact that the state aid rules are based on the employer's duty of care, which only apply to the officials and extends to his immediate family members, but not to the heirs or other legal successors who do not belong to his family.

    At most, new independent claims of certain relatives will be established without connection to inheritance law (No. 14 Paragraph 1 Clause 1 BhV), which, depending on the circumstances, may be granted to third parties in accordance with No. 14 Paragraph 2 BhV, in order to the civil servant or To take care of the beneficiary that other persons could remain unreasonably burdened by expenses in connection with his illness (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [69]).

    This regulation is compatible with the Basic Law, in particular with Art. 3 Paragraph 1, 14 Paragraph 1 Sentence 1, 33 Paragraph 5 GG (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [72 f.];… Judgment of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.]; BAG ..., judgment of May 28, 1975 - 4 AZR 375/74 - [loc. Cit.]).

  • BVerwG, 10/22/1976 - VI C 55.72

    Eligibility for aid - social welfare institution - transition - lapse with death

    According to the case law of the Federal Administrative Court, an aid claim - subject to its existence - expires with the death of a beneficiary (cf. BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; Judgments of May 17, 1973 - BVerwG II C 38.72 - [Buchholz 238.920 BhV Baden-Württemberg No. 1]… and of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.]; see also BAG ..., judgment of May 28, 1975 - 4 AZR 375/74 - [loc. cit.]).

    At most, new independent claims of certain relatives will be established without connection to inheritance law (No. 14 Paragraph 1 Clause 1 BhV), which, depending on the circumstances, may also be granted to third parties in accordance with No. 14 Paragraph 2 BhV, to the civil servant or to take away the concern that other persons could remain unreasonably burdened by expenses incurred in connection with their illness (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [69]).

    This regulation of No. 14 BhV is compatible with the Basic Law, in particular with Art. 3 Paragraph 1, 14 Paragraph 1 Sentence 1, 33 Paragraph 5 of the Basic Law (BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63] [72 f.]; ... judgment of April 1, 1976 - BVerwG II C 39.73 - [loc. Cit.], BAG ..., judgment of May 28, 1975 - 4 AZR 375/74 - [loc. Cit.]).

  • OVG Rhineland-Palatinate, November 28, 2008 - 2 A 10909/08

    Offsetting death grants against entitlement to benefits; other people

    The provision thus corresponds in several respects with the regulation of Section 18 (2) No. 2 BeamtVG (cf. BVerwGE 16, 68 [71 f.]; BVerwG, NVwZ 1983, 225 [226]).

    They therefore do not aim to temporarily secure the surviving dependents or the undiminished preservation of the estate, but are merely intended to relieve the civil servant of burdening others with the costs of treatment and burial after his death (cf. BVerwGE 11, 340 [341]) ; 16, 68 [69]; 50, 292 [299]).

    The occurrence of various legal consequences is objectively justified because only an aid still accruing to the civil servant himself fulfills the employer’s duty of care towards him (cf. BVerwGE 16, 68 [72]).

  • BVerwG, March 22nd, 1990 - 2 C 33.87

    Recovery of a ...

    The Federal Administrative Court has assumed in its previous case law that such state aid regulations are compatible with higher-ranking law, as has the Federal Labor Court (cf. in particular BVerwGE 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; 50, 292; Judgment of May 27, 1982 - BVerwG 2 C 50.81 -
  • BVerwG, September 18, 1981 - 8 C 72.80

    Culpable violation - ban on incorrect occupancy - homeowner - duty of ...

    The inheritance regulations are to be applied accordingly in these cases (cf. BGH, MDR 1971, 553; BVerwGE 15, 234; 16, 68 [BVerwG 04/25/1963 - VIII C 216/63]; 21, 302 [BVerwG 07/06/1965 - II C 34/63]; on the state of opinion Feine, DVBl. 1980, 941).
  • BVerwG, October 7th, 1965 - VIII C 63.63
  • VG Saarlouis, April 15, 2008 - 3 K 1985/07

    Granting of allowances to persons other than survivors of the deceased ...

  • BVerwG, May 27, 1982 - 2 C 50.81

    Aid - death of the entitled person - inheritance

  • BVerwG, July 6th, 1965 - II C 34.63

    Inheritance of claims based on discretionary decisions with a view to ...

  • BVerwG, 17.09.1998 - 4 C 18.97

    Suitability for skirt; Cessation of purpose, subsequent; Property guarantee; Principle of ...

  • OVG Saarland, 02/28/2018 - 1 A 272/16

    Eligibility of the heirs of a deceased beneficiary, here: ...

  • BAG, May 28, 1975 - 4 AZR 375/74

    Aid: ultimate personality of the claim, inadmissibility of a change of claim

  • BVerwG, July 11, 1968 - VIII C 187.67

    Application for approval of housing benefit - permissibility of heredity of a ...

  • BVerwG, June 30, 1966 - VIII C 42.63
  • BVerwG, May 8th, 1967 - VI C 18.67

    Legal form of recognition of eligibility for aid - ...

  • BVerwG, August 31, 1966 - V C 162.65
  • BVerwG, March 22, 1990 - 2 C 49.87

    Heredity of Aid

  • BVerwG, May 17, 1973 - II C 38.72

    Entitlement of a grandson and previous foster child to allowance for the costs of ...

  • BVerwG, November 28, 1963 - VIII C 15.63
  • BVerwG, December 19, 1963 - VIII C 26.63
  • VG Saarlouis, 06.03.2007 - 3 K 430/06

    Granting of allowance to anyone other than the spouse and children of a deceased ...

  • BVerwG, November 28, 1963 - VIII C 140.63
  • BSG, July 15, 1992 - 9a RV 15/91

    Aptitude test - military service accident - vocational promotion - conscript - ...

  • BVerwG, 23.09.1971 - II C 15.70

    Eligibility for medical treatment of an ineligible ...

  • VG Ansbach, October 21, 2009 - AN 11 K 08.01990

    Legal succession of a voluntary or legal nature to the obligations arising from a ...

  • BVerwG, April 19, 1990 - 6 B 42.89

    Return of the registration certificate - choice of transitional allowance

  • VGH Hessen, October 15, 2014 - 1 A 1837/11

    Allowance in the event of death

  • BVerwG, 09/21/1989 - 3 C 22.87

    War damage pension - back payment of compensation pension - heredity

  • BVerwG, May 12, 1977 - II C 23.73

    Placement of a hearing-impaired child in a private home - ...

  • BVerwG, December 18, 1969 - II C 138.67

    Eligibility for expenses incurred outside a sanatorium - ...

  • BVerwG, 22.09.1966 - II C 26.66

    Satisfaction of the civil service death grants entitlement by the employer - ...

  • VGH Baden-Württemberg, July 25, 1994 - 4 S 2474/93

    To increase the assessment rate of the aid for expenses of a ...

  • VGH Hessen, March 8, 1989 - 1 UE 2485/85

    Main issues dealt with in the appeal procedure; Heredity of a claim to ...

  • BVerwG, July 4th, 1984 - 2 CB 10.84

    Requirements for the presentation of a legal question in the revision due to ...

  • BVerwG, 07.11.1968 - II C 65.67

    Legal entitlement to medical treatment

  • VG Saarlouis, August 29, 2013 - 6 K 727/11

    Eligibility for aid; Regional chemotherapy according to Prof. Dr. Aigner

  • BAG, June 29, 1966 - 2 AZR 419/65

    Conclusion of the settlement - maintenance of the claim - rejection of ...

  • BGH, June 22nd, 1977 - IV ZR 60/76

    Violation of the spatially objective area of ​​marriage - affirmation of a ...

  • BVerwG, December 10, 1969 - VIII C 101.69

    Self-commitment of the defense administration justifying claims

  • BVerwG, December 17, 1968 - II C 79.67

    Duty of care of the employer - duty of loyalty of the official - duty of the official ...

  • BVerwG, June 30, 1966 - VIII C 61.63
  • BVerwG, October 7th, 1965 - VIII C 98.64
  • BVerwG, November 28, 1963 - VIII C 86.63
  • BSG, May 29, 1968 - 4 RJ 465/67

    Remarried widow - entitlement to a widow's pension - death of the widow - ...

  • BVerwG, December 21, 1964 - VIII C 160.63
  • BVerwG, 04.03.1964 - VIII C 98.63

    Legal remedies

  • VG Karlsruhe, March 31, 2000 - 3 K 2215/99

    Heredity of entitlement to integration assistance; Compensation for ...

  • VG Berlin, October 16, 1979 - 16 A 236.79

    Allowance in the event of death; Over-indebtedness of the estate; Entitlement to a ...

  • BSG, 08/30/1973 - 5 RKn 7/71

    Authorization of each individual co-heir to continue proceedings with the ...

  • BVerwG, December 15, 1966 - VIII C 260.63

    Regulations to be applied accordingly to civil servants in Lower Saxony for ...

  • OVG Lower Saxony-Schleswig-Holstein, April 20, 1964 - II A 7/63

    Granting aid; Conditions for the creation of eligible ...