Court decision: Broadcasting fee is not unconstitutional

The court did not follow this assessment. Since a ruling by the Federal Administrative Court last year, it is theoretically possible for administrative courts to declare the contribution unlawful if public broadcasting in Germany fails to fulfill its mandate as a whole. But that is currently not the case, according to the Mannheim court.

Responsibility of the supervisory bodies

The judges said in a press release about the verdict that broadcasting covers the full range of information, education, culture and entertainment, including sport, through extensive television, radio and media library offerings. The court also referred to the responsibility of the legislature and the supervisory bodies, for example the broadcasting, radio and television councils, to ensure the diversity and balance of the program and the fulfillment of the mandate.

The plaintiffs had also alleged that the public broadcasters systematically violated the principles of thrift because directors and other managers earned too much. The Administrative Court did not consider itself responsible here and therefore also dismissed this part of the lawsuit.

The judges expressed concerns about the Federal Administrative Court’s assessment, according to which people who want to sue against the broadcasting fee must first submit a complex legal report as to whether the public broadcaster is failing in its mandate. Because such an expert report can be expensive, there are fears that the possible success of a lawsuit could depend on the economic performance of the person liable for the broadcasting fee. That shouldn’t happen, said the judges.

The Mannheim court did not allow the judgment to be appealed to the Federal Administrative Court. However, the plaintiffs can still file a so-called non-admission complaint against this decision.