final failure of an examination

When does it occur?

In the state examinations in medical studies, after the third unsuccessful attempt at one section — that is, after two retakes. Before that, a decision is issued for each failed attempt, which can itself be challenged. § 21 of the Medical Licensing Regulations governs the consequences of failure; the Dental Licensing Regulations provide their own notification obligations in the event of final failure; and under § 15 paragraph 3 of the Pharmacy Licensing Regulations, each failed subject examination may be retaken twice. For university examinations such as the assessments preceding the Physikum, the number of permitted attempts is governed by the faculty's examination regulations.

What are the consequences of the decision?

This is regularly followed by compulsory exmatriculation, and re-enrolment in the same programme of study is refused nationwide under the state higher education acts. Closely related programmes may also be affected if the state regulation refers to substantially identical content. The decision is an administrative act and can be challenged within a deadline — generally one month. This deadline is the real hurdle, as many people do not respond until weeks later. Whether and with what prospects a legal remedy is worthwhile depends on the applicable examination regulations and state law, and should be assessed by a lawyer.

What does this mean for a transfer to an EU country?

Studying in Bulgaria, Romania, Hungary, Croatia, Malta, or the Baltic states remains legally possible; admission is governed by the law of the country of study, which is not bound by the German decision. A qualification obtained there that is listed in Annex V point 5.1.1 of Directive 2005/36/EC is recognised under Article 21 of the Directive and § 3 of the Federal Medical Practitioners Act without a further examination. The German approvals authority then reviews the remaining requirements, including reliability, integrity, health suitability, and language skills. Previous final failure in Germany does not, however, open the way back to a German faculty in the same subject.

What is often overlooked

The bar applies to the programme of study, not to the person. Related subjects, other countries, and other career paths remain open.