The Federal Administrative Court in Leipzig has declared the resident parking fee statutes of the city of Freiburg im Breisgau invalid (case no.: BVerwG 9 CN 2.22). The ruling concerns the statute that came into force on December 14, 2021, which introduced a gradual parking fee structure based on vehicle length. Discounts for certain groups of people were also provided for. However, the BVerwG found that the city did not have a sufficient legal basis for this.
The city of Freiburg had relied on the federal regulation of the Road Traffic Act (StVG) and the state delegation ordinance on the levying of parking fees. These authorize state governments to issue and delegate fee regulations for the issuance of resident parking permits. The BVerwG ruled that these regulations did not constitute an appropriate basis for the statutes.
The graduated tariff also violates the principle of equality of the Basic Law, as the jumps in charges depending on the length of the vehicle are not appropriate. The BVerwG also found the reduction and waiver of fees for social reasons to be unjustified, as there was no legal basis for this. However, the BVerwG did not object to the "standard fee" of 360 euros, as this was in proportion to the value of a nearby parking space.
Source and further information: bverwg.de/AZ: BVerwG 9 CN 2.22
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