Berlin’s Interior Senator Iris Spranger (SPD) and the Berlin police have illegally taken action against so-called climate stickers by issuing fee notices. This has now been decided by the Berlin-Brandenburg Higher Administrative Court (OVG), thereby a decision of the Administrative Court of September 2023 incontestably confirmed.
According to the report, the attempt to overcharge the most active members of the “last generation” with fee notices amounting to 241 euros each and thus exceeding criminal proceedings In an exemplary case, the Higher Administrative Court ruled, as the first instance had previously done, that there was no legal basis for the fees. The court rejected the appeal by the Berlin police.
In the summer of 2022, Spranger had put pressure on the climate blockades and announced that she would charge participants more. “In general, I think it is right to take tougher action,” she said. Since then, the police have been charging fees to take action against the perpetrators. However, experts familiar with police law, the Greens and the Left Party had seen significant problems early on.
Releasing the hands is not a so-called substitute action
The police relied on a clause in their fee schedule to prevent dangers, such as when an animal has to be caught or a construction fence falls onto the street – a so-called substitute action. However, the court ruled that this clause was not designed to cover removing glued hands.
In the case, a climate activist and others blocked the intersection at Frankfurter Tor in Friedrichshain in June 2022 and glued themselves to it to protest against the federal government’s climate policy. After the police asked him to leave the road, which he did not do, the emergency services removed him from the road and carried him away.
Half of the 1300 affected people lodged an objection
The police then charged a fee of 241 euros in April 2023. The reason given was that the blockade had significantly obstructed road traffic and thus posed a threat to public safety and order. The activist lodged an objection, the police rejected it, then the man filed an urgent application with the administrative court.
However, not all climate activists who stuck themselves in Berlin will get their money back. The decisions would have to be based on the same legal basis. And those affected would have had to at least take legal action against them, such as filing an objection. By September 2023, only 662 of almost 1300 affected made.
In addition, dozens of legal proceedings are pending. However, numerous proceedings have been concluded and the decisions have become legally binding – in these cases the police can keep the money. A year ago, the police had already collected 75,433 euros from 313 fee decisions, and 157 cases had been concluded.
