Higher Administrative Court Berlin: Fees for climate activists illegal!

Higher Administrative Court Berlin: Fees for climate activists illegal!

In a pioneering judgment, the Berlin Higher Administrative Court decided that the Berlin police have illegally raised fees from climate activists. On Tuesday, the court rejected the state of Berlin's complaint against a previous judgment that was made in September 2023. A specific case of a climate activist shows that he does not have to pay the fee of 241 euros and the court costs, whereby this decision is final and cannot be challenged.

The Berlin police reported to a thousand fee notices of 241 euros to various climate activists that were related to street blockings during their protests. This could mean that the total of 1,300 fee notices may be illegal, which could result in a recovery of 313,300 euros for the city of Berlin.

precedent for future protests

Lilly Schubert from the RAZ association, which supported the "last generation" lawsuit, indicates that the court had already argued in September that there was no legal basis for the collection of these costs. In this case, the “last generation” sees a precedent that also applies to future street blocks. The association estimates that the country must repay a total of 300,000 euros.

In many cases, the "last generation" has borne the fees that are financed from donations. Despite submitted complaints, the activists were forced to pay the amount of 241 euros initially, since the objection to the fees did not mean delay, says Schubert.

The lawsuit organized by the RAZ association now ended with the decision of the Higher Regional Court. This decision throws a light on the controversial question of whether the stuck in the context of protests as a resistance to enforcement officials is a topic that is often interpreted differently by the judges.

Schubert emphasizes that the categorization is negotiated as a resistance in court as part of these complaints. "However, it is not acceptable to raise a flat -rate punishment for a form of protest and the assembly by fees from the state of Berlin," she says outraged. In her opinion, the matter has now changed to a question of the financial possibilities that makes it difficult for some people to perceive their fundamental rights. The debate about the collection of these fees illustrates how much access to legal support and the possibility of protesting financial resources depends.