On 4 November 2010 the Federal Administrative Court annulled an appointment to the presidency of a higher regional court. The minister had chosen another candidate. He handed over the certificate of appointment right after the higher administrative court’s decision, before the passed-over candidate could turn to the Federal Constitutional Court. The court set the appointment aside and required a new selection. The candidate was entitled to eine sachgerechte, allein an Leistungsgesichtspunkten orientierte Entscheidung, a proper decision based on performance alone. A passed-over applicant in the public service can bring a Konkurrentenklage, a competitor’s lawsuit, against such a selection. Until this ruling, an appointment once made was generally treated as final.