Despite protests, the German Federal Constitutional Court declined to accept a constitutional complaint for review. The automotive industry had hoped the protest would lead to relief from the broadcasting fee. Therefore, the following remains in effect: Existing vehicles used as demonstration vehicles are still subject to the broadcasting fee.
As the Baden-Württemberg automotive trade association announced in a letter on Thursday, the Federal Constitutional Court (BVerfG) has not accepted the constitutional complaint for a decision.
Unfortunately, the Karlsruhe judges provided no justification for their decision:
"The relevant ruling contains no justification, which is expressly permitted by the Federal Constitutional Court Act," explained Managing Director Julia Cabanis (Motor Vehicle Trade Association of Baden-Württemberg) with reference to Section 93d Paragraph 1 Sentence 2 of the Federal Constitutional Court Act.
Background: As early as 2017, the Sigmaringen Administrative Court ruled that car dealerships must pay broadcasting fees even for demonstration vehicles. In 2014, a Reutlingen-based car dealership, with the support of the Baden-Württemberg automotive trade association and the German Association of Motor Trades and Repairs (ZDK), initiated a test case against what they considered unjustified broadcasting fees for demonstration vehicles. They argued that demonstration vehicles, in their role as presentation vehicles, should be considered merchandise and therefore exempt from the fee.
The verdict was expected to send a strong signal to the entire automotive industry. In vain.
