Plant troughs may not be erected on traffic areas, even if they are owned. This was decided by the Regensburg Administrative Court (RN 4 K 20.514). In the case in question, third parties had pointed out to the defendant that an owner had erected plant troughs and thus blocked parking spaces. The defendant then demanded that the owner remove them immediately.
The owner fought against this with a lawsuit, but without success. The court ruled that he had to remove the tarpaulin troughs. The reasons given for this included the fact that pedestrian traffic would be impeded and, with an established width of 1.30 meters, it was clear that two wheelchair users, for example, would no longer be able to pass the path at the same time.
Accordingly, the owner had committed an administrative offense under Section 49 (1) No. 27 of the Road Traffic Regulations (StVo) by placing traffic obstructions on the road with the plant troughs. He has to bear the costs of the court proceedings himself.
Source: VG Regensburg (RN 4 K 20.514)
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