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The article describes a case before the Administrative Court of Düsseldorf, in which a vehicle was towed from a car-sharing parking lot. The plaintiff filed a lawsuit against the performance and fee notice but was dismissed. The court ruled that the towing was lawful because there was a violation of the Road Traffic Regulations and a danger to public safety. The costs of towing were imposed on the plaintiff. The traffic authorities are not obliged to continuously check the need for parking spaces to be kept free. Towing such vehicles is justified as it has a negative deterrent effect. The administrative fee set for towing is lawful and reasonable. [Extracted from the article]

The article "Police incapacity after a spinal disc implantation" deals with the case of a female police officer who was classified as unfit for police service after a spinal disc prosthesis. The police doctor determined that the officer had permanent limitations in her ability to perform certain tasks and had to avoid certain risks. Despite a medical certificate stating that the officer had been free of complaints for a year and was fit for duty again, she was classified as unfit for police service. The Higher Administrative Court of Berlin-Brandenburg has identified similar risks in a female police officer with a spinal disc prosthesis. The submitted medical certificates and specialist opinions were evaluated by the police doctor and confirm the risk assessment. The certificate from a doctor in the American military service is not relevant for determining police fitness. [Extracted from the article]

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]

An applicant for the police service was classified as unfit for police duty due to a stroke. The Higher Administrative Court of Rhineland-Palatinate confirmed this decision and dismissed the applicant's lawsuit. According to the Basic Law and the Civil Servant Status Act, appointments must be based on suitability, qualification, and professional performance. The employer has the right to determine the physical requirements of the career and assess the health suitability of the applicants. The decision not to hire the plaintiff due to his increased risk of future limitations to police serviceability is legally unobjectionable. [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 deals with a case in which a plaintiff challenges the costs of a seizure that were imposed on him after he refused to undergo a drug test. During a traffic control, the plaintiff was stopped and the police ordered a breathalyzer test and a drug test. The plaintiff refused the drug test and a blood sample was ordered, which revealed the presence of THC in the plaintiff's blood. The plaintiff objected to the costs of the seizure and storage of his car keys and driver's license, but the objection was rejected and the plaintiff's lawsuit was also dismissed. The article explains the legal basis for police intervention in alleged dangerous situations and discusses the costs that can be imposed on the responsible party if it turns out afterwards that there was no danger. It is argued that in this case, the plaintiff should bear the costs since he caused the alleged danger through his behavior. [Extracted from the article]

A police officer was dismissed from his probationary civil service position due to unsuitability of character. The officer was suspected of possessing and distributing child pornography during his training. Additionally, images and videos were found on his smartphone showing the consumption of marijuana and shootings of people. The officer filed an objection against the dismissal, but his request for restoration of suspensive effect was unsuccessful. The Bavarian Riot Police Headquarters determined the officer's unsuitability of character based on incidents and misconduct, including continued involvement with illegal drugs. A warning prior to dismissal was not necessary, and no errors of discretion were found. [Extracted from the article]

The article deals with the immediate enforcement of the revocation of a driver's license after cycling under the influence. An applicant had lost his driver's license due to cycling under the influence with a blood alcohol content of 2.35 ‰. The administrative court overturned the decision of the district office, but the Free State of Bavaria filed an appeal. The applicant filed a motion to amend the decision and restore the suspensive effect of the lawsuit, which was rejected because the appeal is likely to be successful. According to § 13 sentence 1 no. 2 letter c of the Driver's License Regulation (FeV), the driver's license authority can order the submission of a medical-psychological assessment if the driver's license holder has operated a vehicle in road traffic under the influence of alcohol, including bicycles. The driver's license authority can assess the need for an assessment independently of criminal prosecution, but this must be sufficiently documented. [Extracted from the article]

The article deals with the usability of old entries for the revocation of a driver's license based on the fitness assessment system. The Federal Administrative Court decided that decisions stored in the Central Traffic Register before April 30, 2014 could no longer be used to calculate the point score. Before May 1, 2014, point scores of 8 to 10 points corresponded to a score of 4 points under the new assessment system. The usability of entries in the fitness register is governed by § 29 (7) sentence 1 of the Road Traffic Act and may no longer be used to the detriment of the person concerned after deletion. The extension of the usability of old entries has an indirect retroactive effect on the plaintiff, which is not objectionable under constitutional law. The change in the law aims to strengthen road safety and exclude unsuitable driver's license holders from driving motor vehicles. [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 is about a request for a court-imposed deadline due to an administrative disciplinary procedure that has not been concluded within six months. The applicant was working as a class leader at the training seminar of the riot police department but was suspended due to complaints from colleagues, leading to the initiation of a disciplinary procedure. However, the Administrative Court of Munich rejected the request as there is no undue delay and the investigations were conducted appropriately. It is a complex procedure that required extensive investigations. The request for the conclusion of the procedure is denied as there are sufficient reasons for the pending completion of the process. [Extracted from the article]

The present text deals with the legal assessment of an eviction from an apartment and a ban on return by the police. It is determined that the measures are unlawful because the conditions for such a measure were not met. The police did not have sufficient evidence of a present danger posed by the plaintiff and should have confronted him with the statements of his wife. It is also determined that the incident with the open kitchen cabinet door is not sufficient to justify an act of violence. The question of a possible error of discretion is not conclusively answered. [Extracted from the article]

The article is about a case in traffic law where an applicant lost his driving license due to doubts about his suitability. The driving license authority requested a medical-psychological assessment because the applicant was cycling under the influence of alcohol. The applicant lodged an objection against this order, but it is expected that the objection will be unsuccessful. The authority considers the request for an assessment to be lawful, as participating in road traffic while intoxicated poses a danger to traffic safety, regardless of whether a motor vehicle or a bicycle is used. The blood sample taken from the applicant may be used in the driving license revocation procedure, despite a violation of the Code of Criminal Procedure. The termination of the criminal investigation proceedings for drunk driving due to the fulfillment of a condition does not affect the decision of the driving license authority. [Extracted from the article]

The article deals with the imposition of a logbook requirement for the entire fleet of a company. The applicant has filed a lawsuit against this order, but was rejected. The order is based on traffic violations where the driver could not be identified. The administrative court has decided that the expansion of the logbook requirement to the entire fleet is justified, as several violations have been committed with different company vehicles and further violations are expected in the future. The applicant could not provide sufficient reasons to exclude individual vehicles from the requirement. The court also found that the extension of the order to the entire fleet is appropriate, as the management of the company has not been cooperative in the past. [Extracted from the article]

The article reports on the case of a cyclist who crossed an intersection at a permanently red traffic light. Although the traffic light was not defective, the cyclist waited several minutes without the light turning green. She suspected a malfunction and crossed the intersection on red without endangering other road users. The district court nevertheless convicted her of intentional disregard of a red light, but the verdict was overturned because the cyclist was in a mistake of fact. The Higher Regional Court of Hamburg determined that increased diligence requirements apply when entering an intersection, even if the traffic light shows a green light for cross traffic. However, it was not established that other road users were endangered. It is also noted that the contact loop, which triggers the demand-controlled traffic light system, may not be triggered by cyclists. The verdict was overturned and referred back to the district court for a new trial. [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 reports on a case before the Hamburg Higher Administrative Court, in which an applicant requested the issuance of an identity card without fingerprints. The administrative court had granted the request, but the opposing party successfully lodged an appeal. The Higher Administrative Court ruled that there is no obligation to issue a temporary identity card without fingerprints. It was also determined that the applicant could potentially apply for a provisional identity card that does not include fingerprints. The application for a provisional injunction was rejected as the applicant did not substantiate the grounds for such an injunction. The case was referred to the European Court of Justice for a preliminary ruling to clarify whether the obligation to collect and store fingerprints in identity cards violates higher-ranking Union law. [Extracted from the article]

The article deals with the case of a civil servant who is claiming compensation for delayed reactivation into active civil service. The plaintiff was a teacher and was prematurely retired due to incapacity for service. After his fitness for service was restored, he requested several times to be reappointed to active civil service. However, the employer delayed the reactivation until a suitable position was found. The plaintiff subsequently claimed compensation for the period between the determination of his fitness for service and his reappointment. The application was rejected, and all further legal remedies were unsuccessful. The Federal Administrative Court ruled that the request for reappointment does not have to be made in writing and that the employer must not unnecessarily delay reactivation unless there are compelling official reasons. It was also determined that the appropriate processing time for a reactivation application cannot be determined based on the provisions of the Administrative Procedure Act. The article emphasizes that the decision on the allocation of a position is not within the employer's organizational authority but is regulated by law. The employer is obliged to create the budgetary basis for appointment. The application of a retired civil servant for restoration of fitness for service does not automatically lead to reappointment but to an administrative procedure in which the appointment is decided upon. It is also pointed out that reappointment does not depend on the availability of a "suitable" position but on the employer's ability to create a suitable position through organizational changes. It is stated that the defendant in this case is not responsible for his breach of duty, as the legal situation was not yet clearly clarified at the time of processing the application. [Extracted from the article]

The article deals with a legal dispute regarding the payment of a Hungarian road toll for the use of Hungarian highways. The plaintiff, a Hungarian company responsible for collecting the toll, has sued a domestic car rental company. The court ruled that the unpaid Hungarian road toll can be claimed against the domestic vehicle owner in German civil courts. It was determined that the provisions of Hungarian law regarding the liability of the vehicle owner and the toll fees do not contradict German legal principles. The claimed amount is 297,500 HUF and must be submitted in the correct currency, as Hungarian law does not provide for payment obligations in euros. [Extracted from the article]

The article is about an incident in which a woman was harassed by her neighbors while riding her horse. The neighbors had previously attempted to scare the woman's horses. One day, the defendant threw snow at the horse, causing a brief disturbance, but the horse was quickly calmed down. There was no injury to the woman or the horse. The district court convicted the defendants of dangerous interference with traffic, but the regional court overturned the verdict and acquitted the defendants. The prosecutor and the victim filed an appeal against the acquittal. However, the Bavarian Supreme Regional Court rejected the appeals and confirmed the acquittals. The court concludes that the actions of the defendants did not pose a concrete danger and therefore do not constitute a crime. It is determined that the defendants' behavior did not exhibit any particular danger and no concrete endangerment or injury occurred. The court also notes that no criminal complaint was filed for insult. [Extracted from the article]

The Administrative Court has dismissed the plaintiffs' lawsuit against the establishment of a bicycle street between the city of W. and the district of F. The order is based on § 45 (1) and (9) of the Road Traffic Regulations (StVO) and was made due to high speeds and narrow road width. Traffic counts in the years 2000, 2007, and 2015 have shown that the average speed of other road users on the "Y Z" street is high. The Administrative Court has determined that the risk of accidents for cycling significantly increases with the driving speed of other road users. The establishment of the bicycle street serves to protect cycling. [Extracted from the article]

The article deals with the case of a plaintiff who has requested the registration of a specific date of birth in his German identity card and passport. The plaintiff was born in Algeria in 1957 and holds German citizenship. Since he could not present a document from his country of birth, only the year of birth was entered in his identification documents. The administrative court granted his claim, but the Higher Administrative Court of Rhineland-Palatinate overturned the judgment and dismissed the claim. There is no entitlement to the registration of a specific date of birth in the identity card or passport. [Extracted from the article]

The article deals with police orders in connection with the aggressiveness of a dog. The applicant is the owner of a miniature schnauzer dog named "Jessy". After two biting incidents in 2021 and 2022, in which the dog bit a postal worker and another person, the authority ordered to obtain an expert opinion from a veterinary expert to determine whether the dog should be classified as dangerous. In addition, a leash requirement and muzzle obligation outside the property were ordered. The applicant filed an objection, but her application for interim legal protection was rejected. The Higher Administrative Court of Saarland confirmed the legality of the orders, as objective circumstances indicate a potential danger posed by the dog. [Extracted from the article]

The article is about the combined use of cannabis and alcohol and its relevance for measures taken by the driver's license authority. It describes the case of an applicant who was stopped by the police under the influence of alcohol and marijuana, and a smoked joint was found. A blood test showed a positive result for cannabinoids and a high blood alcohol concentration. Due to doubts about the applicant's suitability for driving a motor vehicle, he was asked to submit a medical-psychological assessment. Since he did not do so, his driver's license was revoked. The applicant filed an objection, which was rejected. It is pointed out that the new legal situation since April 1, 2024, provides for an absolute alcohol ban for cannabis consumers while driving. [Extracted from the article]