Despite protests, the German Federal Constitutional Court has declined to hear a constitutional complaint. The automotive industry had hoped that the protest would lead to an exemption from the broadcasting license fee. As a result, the current rule remains in effect: used vehicles used as demonstration cars are subject to the broadcasting license fee.
As the Baden-Württemberg Motor Vehicle Trade Association announced in a statement on Thursday, the Federal Constitutional Court (BVerfG) has declined to hear the constitutional complaint.
Unfortunately, the judges in Karlsruhe did not provide any reasoning for their decision:
“The relevant ruling contains no reasoning, which is expressly permitted under the Federal Constitutional Court Act,” explained Managing Director Julia Cabanis (Baden-Württemberg Motor Vehicle Trade Association), citing Section 93d(1), sentence 2 of the Federal Constitutional Court Act.
Background: As early as 2017, the Sigmaringen Administrative Court ruled that car dealerships must pay broadcast fees even for demonstration vehicles. In 2014, a Reutlingen-based car dealership—with the support of the Baden-Württemberg Motor Vehicle Trade Association and the umbrella organization ZDK—initiated a test case against what it considered to be unjustified broadcasting fees for demonstration vehicles. It argued that, in their role as demonstrators, these vehicles should be considered merchandise and thus exempt from the obligation to pay fees.
The ruling was intended to send a strong message to the entire automotive industry. It was in vain.
