The social court in Berlin has ordered the suspensive effect of an appeal against the penalty decision, because doubts about its legality ensthafte. The Job Centre had suggested to the applicant with a simple letter of offer a job opportunity with MAE as Data Entry Operator. The interested party has denied this, because he then first, a marginal employment in the primary labor market with a view to their incorporation into a full-time position would have had to give up and because he doubted the other hand that it is an "extra" work in the sense of § 16 para 3 sentence 2 SGB II (aF - now § 16d SGB II) acted. An integration agreement does not exist. Subsequently, the Job Center to control power shortened by 30% on the basis of § 31 para 1 no 1 d) SGB II
action against that decision to the person and put the same time an urgent application with the aim to order the suspensive effect of the action.
The court followed the request because the offer letter is founded not mandatory use in the work opportunity because it was not an administrative act. As long as no allocation as the Job Center, get a penalty out of the question.
SG Berlin Decision from 07.05.2009, Az S 171 AS HE 9646/09
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