Anyone who wants to become a civil servant (Beamtin or Beamter) in Bavaria must be fit for service on health grounds. Fitness is assessed on the basis of medical certificates from the public health service (Amtsarzt), and during probation the employer can end the civil service relationship if the probation shows that the person is not suited. A ruling by the Administrative Court of Ansbach from May 2025 shows how strictly courts examine these cases.
Short answer: In Bavaria, the assessment of health fitness rests on certificates from the public health service, as a ruling of the Administrative Court of Ansbach of 19 May 2025 shows (case AN 1 K 23.2074, first instance). If a probationary civil servant is dismissed, the employer must prove the lack of fitness. Doubts alone are not enough. The legal bases are section 10 and section 23 of the Federal Civil Servants Status Act (BeamtStG). Status: October 2026.
Key points at a glance
- According to the ruling, the employer has no margin of assessment when it comes to health fitness.
- For civil servants on probation, the employer bears the burden of proof if it claims that fitness is lacking.
- A health condition known before the probationary appointment binds the employer, as long as the facts do not change.
- A mere recommendation of therapy is not an order. Proving that someone obstructed an examination requires a specific, lawful order.
- Sick days alone do not show that someone has failed probation.
How does the health check work in Bavaria?
The details of the health check differ depending on the employer, whether it is the Free State, a municipality or a district. The procedure is the same in principle. The appointing authority requires a medical certificate based on an examination and then decides on that basis. If a finding is missing, the certificate cannot be conclusive, as the Ansbach case shows.
The table shows the stages of a probationary procedure and what matters at each stage for you.
| Stage | What happens | What you can do |
|---|---|---|
| Pre-employment examination | Medical certificate on fitness from the public health service | Give complete information and bring earlier reports |
| Probation | Observation of performance and health, possibly questions about treatment | Document treatment, appointments and sick days |
| Extension of probation | The employer can extend probation, as happened for 36 months in the Ansbach case | Request the reasons for the extension in writing |
| Dismissal for failing probation | Decision of the employer by notice | Check the notice and observe the deadline for objection |
The fact that probation can be extended does not make dismissal easier. In the Ansbach case, the court annulled the dismissal despite the extended probation, because fitness had not been proven.
What does the Ansbach ruling show?
The claimant was a probationary tax secretary (Steuersekretär auf Probe). In 2023 the employer dismissed him for failing probation, mainly on health grounds. The basis was several certificates from the public health service that reached no final conclusion, because specialist diagnosis and treatment were missing. The employer also argued that he had not started a recommended psychotherapy. The court upheld the claim and annulled the dismissal notice and the decision on the objection.
This is a first-instance ruling. The court cites a decision of the Federal Administrative Court of 30 October 2013 (case 2 C 16.12). The source does not say whether the ruling is final. The case therefore does not replace a review of your own procedure.
| Key statement of the court | What it means for you |
|---|---|
| The employer has no margin of assessment on health fitness | The decision must rest on provable facts |
| If the lack of fitness cannot be established, this is to the employer’s detriment | Mere doubts are not enough for a dismissal |
| Sick days (41 before and 49 during probation in the case) showed no failure to prove suitability | The number of sick days alone is no argument |
| A recommendation of therapy is not an order | An obligation to undergo treatment requires a specific order |
Why cooperation and documentation matter
For a finding of obstruction of proof, the court requires a specific and lawful order. A recommendation from doctors is not sufficient. If you receive an order, for example to attend an examination or to undergo treatment, have it checked in writing before you respond. This matters especially where the order affects important personal decisions.
Document appointments, findings and conversations with the employer and with the public health doctor. A simple list with date, reason and outcome helps later more than any memory. Also note which diagnoses the authority already knew at the time of appointment, because they can matter for the later assessment.
Beihilfe and health cover in Bavaria
Civil servants receive Beihilfe, a state allowance that supplements their own health cover. For trainees and civil servants on revocable terms without children, the standard rate is 50 percent. The exact rule is set out in the Bavarian Beihilfe regulation, and the Beihilfe office of your employer gives binding information. Anyone with private cover has to combine Beihilfe with a suitable tariff. Whether that pays off depends on family status, age and health.
An overview of Beihilfe during the Referendariat shows how the rule works in practice: Civil Servant Health Aid During Training: Rates and Claims.
Frequently asked questions
Do I have to undergo an examination by the public health service?
The ruling shows that fitness can rest on certificates from the public health service. The appointing authority decides which examination is required. Ask specifically which documents are needed.
Can I be dismissed during probation?
Yes, if a failure to prove suitability can be established. For health reasons the employer must prove the lack of fitness. Doubts are not enough, and a known condition is not reassessed as long as the facts have not changed.
How can I challenge a dismissal?
You can usually file an objection (Widerspruch) within one month of the notice (section 70 VwGO, the Code of Administrative Court Procedure). If the objection fails, an action can be brought before the administrative court. Note the date of delivery and ask for the notice to be explained in detail.
Does the Ansbach ruling apply to every case?
No. The court decided the individual case on its circumstances. It does show, however, which standards courts apply in health checks, and that matters for every probationary civil servant.
What to do now
- Ask the appointing authority to set out its requirements in writing.
- Collect complete findings and document treatment, appointments and sick days.
- Have every order for an examination or treatment checked in writing for its lawfulness.
- If you are dismissed, check the notice and note the deadline for the objection.
Related guides
- Civil Servant Health Aid During Training: Rates and Claims
- Krankenversicherung im Referendariat: GKV, PKV und Beihilfe (in German)
- Referendariat: Anwärterbezüge nach Bundesland (in German)
- Teacher training insurance: from studies to traineeship
Sources: Administrative Court of Ansbach, judgment of 19 May 2025, case AN 1 K 23.2074 (in German); BeamtStG, section 10 (retrieved October 2026, in German); BeamtStG, section 23 (retrieved October 2026, in German); VwGO, section 70 (retrieved October 2026, in German).
Last updated: October 2026. This guide is general information, not individual advice.
