The placement of an ATM on a public sidewalk does not have to be approved. This was decided by the Berlin Administrative Court (VG 1 K 342.18 and VG 1 K 98.19). A company that operates ATMs throughout Germany had installed an ATM in front of an apartment building in Prenzlauer Berg. This was objected to by the Pankow district office due to the lack of a special use permit.
Despite the arguments that the ATM would benefit the population and only take up a small area, the court emphasized that public interests take precedence, and the district authority's fear that sidewalks could take on a private commercial character was shared by the administrative court.
The VG came to the conclusion that the economic interest of the plaintiff company had to take second place to the public interest. The district authority was therefore in the right when it ordered the removal of the ATM. An appeal against the decision can be lodged with the Higher Administrative Court of Berlin-Brandenburg.
Source: berlin.de
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