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The article is about the revocation of the firearms permits of a member of the "Alternative for Germany" (AfD) party in Thuringia. The Thuringian Office for the Protection of the Constitution has classified the state association of the AfD as an object of observation in the field of right-wing extremism. Based on this assessment, the district has revoked the firearms permits of the applicant. The Administrative Court of Gera ruled in favor of the applicant, as it was not clearly established that the AfD state association pursued efforts against the constitutional order. The Higher Administrative Court has confirmed this decision and emphasized that the examination of reliability and the question of whether there are anti-constitutional efforts is the responsibility of the competent authority. [Extracted from the article]

The article deals with a case before the Hamburg Higher Administrative Court, in which a plaintiff parked her rented vehicle in a parking bay that was allowed for non-electric vehicles. The police ordered the seizure of the vehicle and charged the plaintiff fees and expenses. The court ruled that the seizure order was unlawful and that the plaintiff was wrongly charged. The traffic sign indicating a parking ban for non-electric vehicles has no legal effect because it is not located in an area where parking is only allowed for electric vehicles. The appellate court rejected the argument that the parking ban could also be extended to the parking spaces immediately to the left and right of the traffic sign. [Extracted from the article]

The article describes the case of a defendant who was carrying 11.19 grams of marijuana without permission. Part of it was intended for a witness. When the defendant noticed that he was being pursued by the police, he threw away the drugs. The court convicted him of attempted unauthorized distribution of cannabis for consumption. The new legal regulation states that the possession of up to 30 grams of cannabis for consumption outside of one's residence is no longer punishable. The Bavarian Supreme State Court ruled that the deliberate disposal of cannabis for consumption in public space is punishable. The decision overturns the guilty verdict and the confiscation decision and emphasizes the intention of the legislator not to punish the possession of cannabis for consumption, but only the unauthorized handling of it. It is also pointed out that the administration and other distribution of cannabis are also prohibited. [Extracted from the article]

The article "State liability for a fallen traffic sign" is about a lawsuit against the defendant due to a fallen road sign. The plaintiff, a car dealership, had parked their vehicle in front of their premises when the sign fell onto the car and damaged it. The plaintiff is demanding compensation for repair costs, expert fees, and attorney fees. The district court dismissed the lawsuit, but the regional court allowed for an appeal. The Federal Court of Justice ruled that the employees of the defendant, who had installed the sign, acted as administrative assistants and therefore cannot be held personally liable. It is emphasized that the sovereign nature of the entire measure is the focus, not just the individual activity that caused the damage. It is also noted that the private company had no relevant decision-making authority. [Extracted from the article]

The article reports on a case before the Federal Administrative Court, in which a plaintiff born in Berlin, who is a Sri Lankan national of Tamil ethnicity, was deported from the Federal Republic of Germany. The court ruled that the plaintiff does not possess a residence permit, as it must actually be granted to him and the mere application is not sufficient. The court determined that the plaintiff can be deported due to his criminal past. It is also noted that the deportation of a person who must be treated as a de facto resident is not generally prohibited, but requires an individual risk assessment and balancing of interests. The court considered the plaintiff's individual circumstances, but still declared the deportation to be lawful. [Extracted from the article]

The article is about a case in which the police conducted a mobile phone tracking to find a man who had announced his suicide. The police could not find the man and commissioned a company to locate him, which incurred costs of 90 euros. The man was later found and the police asked him to pay the costs. The administrative court ruled that the payment request was justified, as the mobile phone tracking was justified to avert an urgent danger to the man's life. The question is raised whether costs for government services can be charged in certain situations. [Extracted from the article]

The article "Anonymous Tip as Basis for Search Warrant" reports on a case in which a search warrant was obtained and executed based on an anonymous tip. The complaint against the search warrant was rejected. It is explained that an anonymous statement can be sufficient grounds for a search if it is of considerable factual quality or if it is presented together with conclusive factual material. In the present case, the suspicion against the complainant was considered sufficient based on the detailed information in the anonymous tip. The investigative authorities have verified the allegations in the tip and deemed the information provided by the anonymous person credible. The presented decision of the regional court deals with the suspicion of commercial fraud in a pharmacy. It is stated that anonymous tips can serve as a basis for further investigations, but they must be carefully examined. The complaint against the search is partially confirmed, as the witness statements cannot fully confirm the specific circumstances. It is pointed out that the behavior of the complainant is punishable and fulfills the elements of fraud. It is recommended to carefully review the information provided in the tip before taking any intervention measures. [Extracted from the article]

A police officer applies for permission to engage in a secondary activity as a chauffeur in a security services company. The administrative court rejects the application, as the secondary activity could potentially compromise official interests. The higher administrative court confirms this decision and argues that the requested activity is carried out in a field where the police are active. The plaintiff fails to provide sufficient evidence that a separation of business areas actually takes place. There is a lack of reliable indications that the plaintiff's activities were billed solely as chauffeur services. [Extracted from the article]

The article is about a violation of obligations regarding the storage of firearms according to the weapons law. The district office has revoked the applicant's firearms permits because he did not store two firearms subject to authorization properly. The applicant filed a lawsuit against the decision, but the Administrative Court of Ansbach ruled that the revocation was justified. The applicant did not comply with his storage obligations and thus created the risk that weapons could fall into the hands of unauthorized persons. The decision of the Administrative Court does not have suspensive effect, and the applicant has not presented any special reasons to deviate from the legal assessment. [Extracted from the article]

The document titled "Reversing in the one-way street against the prescribed direction of travel is not permitted" is about a traffic accident in which a plaintiff sues the defendants for compensation for further material damage. The plaintiff had parked his vehicle forward in a driveway located on a one-way street. The defendant drove past the driveway in the direction of the one-way street. When the plaintiff reversed into the one-way street to collide with the defendant, the defendant reversed a few meters to make room for a vehicle pulling out. The court ruled that reversing in the one-way street against the prescribed direction of travel is not permitted. The lawsuit was partially decided in favor of the plaintiff, and the case is referred back to the appellate court for a new trial. [Extracted from the article]

The article deals with the revocation of family asylum and refugee protection after the death of the principal beneficiary. After the death of her husband, the plaintiff had her refugee status and right to asylum revoked. The Federal Office for Migration and Refugees also rejected the granting of subsidiary protection status. The administrative court dismissed the lawsuit and the appeal was declared unfounded. The Federal Administrative Court ruled that with the death of the principal beneficiary, refugee status and family protection also expire. The Federal Administrative Court has determined that the protection status of a family member can be revoked if the protection status of the principal beneficiary expires and the family member has no other grounds for protection. There is no automatic "inheritance" of protection status. However, the revocation of protection status does not automatically lead to the revocation of the residence permit of the family member. [Extracted from the article]

The article is about an applicant who is appealing against his dismissal from the probationary civil service in the police force. The Thuringian Higher Administrative Court has ruled that military service in the field police force cannot generally be credited towards the probationary period for a career in the middle police enforcement service. The decision on the probation of the civil servant during the probationary period lies with the employer and is based on a personality-based evaluation. The applicant's dismissal order was considered formally and substantively lawful. [Extracted from the article]

The article deals with a case before the Berlin Regional Court, in which it is about wearing a shirt with the emblem of the FDJ. The complainant was arrested because she participated in a memorial procession in Berlin, where some participants wore shirts with the FDJ emblem. The district court imposed a penalty on the complainant and confiscated the shirt, but the regional court overturned this decision and rejected the prosecutor's request for the confiscation of the shirt. It determined that wearing the shirt does not constitute a violation of the prohibition on uniforms and that the symbol on the shirt cannot be clearly assigned. The costs of the proceedings will be borne by the state treasury of Berlin. [Extracted from the article]

A non-governmental organization is not entitled to access reception facilities for asylum seekers without prior authorization. The Federal Administrative Court has ruled that non-governmental organizations do not have a general right of access to these facilities. Such a right only exists if a person seeking protection has previously requested advice from the organization. The court determined that the denial of access does not constitute a violation of freedom of expression and that the plaintiff's general freedom of action is limited by the purpose of the facilities. It was also determined that the defendant's administrative practice does not violate the principle of equality. [Extracted from the article]

The constitutional complaint concerns the assertion of a denied monetary compensation before the regional court following a judicial finding of the unlawfulness of a physical search of a prisoner involving complete undressing. The Federal Constitutional Court has ruled that searches involving undressing constitute a serious infringement of the general right to personal privacy. The affected individual is entitled to special consideration, particularly in searches that touch upon the intimate area and the sense of shame. The Federal Constitutional Court has already decided that the protective mandate of the general right to personal privacy is realized through the claim for compensation for non-material damages. In the present text, the violation of Article 3 of the European Convention on Human Rights (ECHR) and the question of compensation for non-material damages are addressed. It is determined that compensation is generally appropriate to compensate for the non-material harm suffered by an affected person. Only in exceptional cases is the finding of the violation itself sufficient as satisfaction. In the specific case of Roth v. Germany, it was determined that the searches were unlawful and constituted a serious infringement of the general right to personal privacy. It is emphasized that victims of convention violations should have a mechanism available to hold state authorities accountable for the violation. However, the regional court rejected the claim for compensation without adequately considering the requirements of the European Convention on Human Rights. Therefore, the decision of the regional court is overturned and the case is remanded. [Extracted from the article]

The article reports on a case before the Administrative Court of Schleswig, in which an entry ban for a folk festival in K was discussed. The court ruled that the entry ban is unlawful, as there is insufficient evidence to justify the assumption that the person in question will commit crimes. The court emphasized that mere assumptions or subjective assessments are not sufficient and verifiable facts must be present. The ban was considered disproportionate, and a removal order with a ban on returning was suggested as a more appropriate measure. [Extracted from the article]

The article is about an unsuccessfully contested requirement to keep a logbook. An employee of a company exceeded the permissible maximum speed with a company vehicle and identified himself as the driver. However, he later claimed that the vehicle belonged to a friend and that he had only used it temporarily. The local court could not determine the responsible driver and dismissed the administrative offense proceedings. After a hearing, the opposing party ordered the applicant to keep a logbook for 15 months. The Higher Administrative Court rejected the application to restore the suspensive effect of the objection against the decision of the opposing party. The Bavarian Administrative Court has ruled that a requirement to keep a logbook can also be imposed if the vehicle owner is not responsible for the impossibility of determining the driver, but still contributed to the determination. [Extracted from the article]

The article deals with a 40-day assembly of the citizens' initiative "40 Days for Life" to protect unborn life in front of a counseling center run by pro familia. The defendant imposed conditions that the assembly had to take place outside of counseling hours and outside of direct visual contact with the counseling center. The Administrative Court of Appeals ruled that these conditions were unlawful. The text emphasizes the right to freedom of assembly and the general right to personal privacy in connection with visits to counseling centers under the Pregnancy Conflict Act. It is emphasized that the general right to personal privacy does not guarantee protection against divergent religious beliefs or opinions. The complaint in this case is considered unfounded. [Extracted from the article]

An officer of the Federal Police has successfully sued for compensatory time off for rest breaks with standby duty. The Administrative Court partially ruled in favor of the officer and credited him with break times as working hours. The Appeals Court has ordered the defendant to credit the officer with additional break times as working hours. The Federal Administrative Court has partially allowed the officer's appeal. The Higher Administrative Court has ruled that the plaintiff is entitled to further compensatory time off of 105 minutes. The plaintiff's claim for the period until the end of July 2013 was denied due to lack of prior assertion. [Extracted from the article]

The article deals with police measures against road blockers. On December 23, 2019, about 15 individuals from the left political spectrum blocked the road to the S. shopping center in C. The police dispersed the gathering and demanded that the individuals clear the street. A woman who was inside a food barrel filled with concrete was searched. The Administrative Court of Gelsenkirchen ruled that the police measures were lawful, as the identity of the plaintiff could not be determined in any other way and the search was carried out to enforce the eviction order. It could not be verified whether the plaintiff's claim that the search involved partial undressing and touching in the genital area is accurate. [Extracted from the article]

The article deals with the prohibition of approval-free secondary activities for a police chief inspector who is unfit for duty due to illness. The Higher Administrative Court for the state of North Rhine-Westphalia decided that the immediate enforcement of the prohibition was justified, as the exercise of secondary activities would impair the reputation of the public administration. The Administrative Court has ruled that a civil servant may not engage in secondary activities despite long-term incapacity for work, as this could give the impression that the employer accepts that the civil servant uses their labor for other activities. The decision of the Administrative Court to prohibit the secondary activities is binding, and formal deficiencies in the order are irrelevant. [Extracted from the article]

The Federal Constitutional Court has considered the constitutional complaint of a complainant as justified, as the decisions of the district court and the regional court violate the complainant's fundamental right to the inviolability of telecommunications secrecy. Telecommunications secrecy not only protects the content of communication, but also the circumstances of communication. The order for telecommunications surveillance against non-suspects requires a secure factual basis. In this case, the specialized courts did not sufficiently consider that the fundamental right of Article 10 of the Basic Law must be respected in the interpretation and application of § 100a (3) of the Code of Criminal Procedure. The assumption that there would be an exchange of information between the complainant and the accused is based solely on vague indications and presumptions and is therefore unconstitutional. [Extracted from the article]

The article is about a decision by the Higher Regional Court of Hamm regarding a violation of the Road Traffic Regulations. The District Court had convicted the defendant of negligent unauthorized use of an open lane on a highway and imposed a fine, but refrained from imposing a driving ban. The prosecution lodged a legal complaint against this decision, which was unsuccessful. The Higher Regional Court ruled that in emergency-like situations, such as an urgent need to relieve oneself, the culpability for ordering a driving ban may be lacking. The court determined that the defendant had not acted particularly irresponsibly subjectively and that the objective gravity of the violation was not of particular significance. [Extracted from the article]

The article titled "On the priority of a right-turning driver over an oncoming left-turning driver" is about a traffic accident at a signal-controlled intersection between a right-turning driver and an oncoming left-turning driver. The plaintiff claims that he was already on the left lane of the road when the defendant pulled from the right lane to the left lane, resulting in a collision. The court ruled that the plaintiff violated the yield requirement for left-turning drivers and that the defendant did not violate any traffic rules. Liability was distributed at 70% for the plaintiff and 30% for the defendant. [Extracted from the article]

The article deals with the scope of the duty to inform in the appeal according to § 64 BDG (Federal Disciplinary Law). It is stated that in the legal instruction of a judgment of an administrative court regarding a disciplinary complaint, only the one-month deadline for filing an appeal must be informed, but not the obligation to provide reasons for the appeal within this deadline. It is pointed out that this is different for two-stage remedies. It is also pointed out that the need for protection of the parties involved in the proceedings does not justify an expansive interpretation of § 58 (1) VwGO (Administrative Court Procedure Act). [Extracted from the article]

The article titled "Resisting by Gluing" reports on the case of a person who is accused of resisting law enforcement officers. The person is said to have participated in an unregistered assembly and, together with others, glued their palm to the window of a Deutsche Bank branch in Berlin. The Tiergarten District Court rejected the issuance of a penalty order, as there was not sufficient suspicion of a crime. The prosecution immediately filed an appeal against this decision. The Berlin Regional Court has ruled that gluing does not constitute violence under the Criminal Code, as long as the connection can be dissolved without the use of force. [Extracted from the article]

The article is about a decision of the Administrative Court of Göttingen regarding a nighttime search for deportation purposes. The request for the search was rejected because the legal requirements were not met. The organization of deportation is not considered a sufficient reason for a nighttime search. The applicant could not convincingly demonstrate that she had no influence on the departure time of the charter flight. The court determined that the planned nighttime search cannot be based on the Lower Saxony Police and Public Order Law. [Extracted from the article]

The article is about a search based on a pseudonymous report. The prosecutor's office applied for a search warrant after an anonymous informant claimed that his grandmother possesses a weapon and is involved in the Romanian mafia. However, no weapon was found during the search. The Nuremberg District Court rejected the search warrant as there was no initial suspicion. The court's decision aligns with the jurisprudence that anonymous reports must be carefully examined. [Extracted from the article]

The article deals with the filling of positions in favor of transfer applicants. It describes a competition for the filling of a position in salary group A 9 mZ. The applicant had applied for a transfer to the position but was rejected because another soldier had priority. The Federal Administrative Court ruled that soldiers do not have a right to a specific assignment or position and that the decision lies within the discretion of the superior or the personnel processing office. The principle of selecting the best candidate usually does not apply to positions of equal remuneration that are to be filled through lateral transfers. [Extracted from the article]

The plaintiff, a senior criminal investigator in the police service, has filed a lawsuit against her regular assessment for the period from June 2014 to May 2017. The assessment was created based on a cross-comparison with the performance of officials from a comparison group. The administrative court has ordered the defendant to create a new assessment, and the appeal of the defendant state was dismissed. The Federal Administrative Court has ruled that officials from different career paths may not be grouped together in a comparison group and ranked. [Extracted from the article]