June 14, 2024, 1:51 pm | Read time: 3 minutes
Lawsuits against the so-called broadcasting fee (formerly GEZ) are frequently filed for various reasons. Recently, a plaintiff in Bavaria lost such a case in court–however, the Federal Administrative Court has allowed an appeal. But what is the overall status of the fee in Germany?
The broadcasting fee remains a contentious issue. In short, the fee, often still referred to as the GEZ fee, is a monthly charge required for every household. The revenue funds the offerings of public broadcasting (ÖRR) in Germany. However, there is ongoing opposition to this model. Many do not want to pay the fee, especially if they do not consume the ÖRR’s content. This leads to frequent court cases. A current case seems particularly intriguing regarding the future of the broadcasting fee.
Current Case from Bavaria
Currently, the broadcasting fee is 18.36 euros per month. However, there are plans to increase it to 25.19 euros per month–TECHBOOK reported. This is not well-received by fee payers, especially when, for example, in neighboring Austria, fees dropped from 22.50 euros to 15 euros per month in 2023. This context is important for understanding a current court case.
The case involves a fee payer who refused to pay the broadcasting fee and took the matter to court. Her argument: The payments are essentially a tax, as fee payers receive no specific service in return. The states collecting the fee have no legal basis for an official tax. Additionally, a core mission of the ÖRR is not being fulfilled. The ÖRR is obligated to provide diverse content due to the binding payments, which the plaintiff argues is not currently the case.
However, she lost in both the first and second instances–first at the Munich Administrative Court, then at the Bavarian Administrative Court. She then filed an appeal, which was initially rejected until the Federal Administrative Court overturned this decision. The reasoning: The case has “fundamental significance.” An appeal could clarify “whether and under what conditions it can be argued against the fee collection that the public broadcasters’ mandate to offer a program serving diversity is structurally unmet, thus lacking an individual benefit,” according to the official reasoning.
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According to this argument, the court considers it possible that the ÖRR might not fulfill its official mandate, which is the basis of the broadcasting fee. Depending on the outcome of this appeal, the situation in Germany could change significantly. If the Federal Administrative Court rules in favor of the plaintiff, theoretically, all fee payers in Germany could at least question the ÖRR’s programming, if not the broadcasting fee itself.
And the lawsuit now going to appeal is not an isolated case. In 2023 alone, 433 lawsuits were filed against WDR in connection with the broadcasting fee, as reported by the “FAZ.” These cases do not always concern the fee itself. For instance, a 2022 lawsuit gained attention for addressing the possibility of paying the fee in cash. In 2023, a student sued because his hardship application had not been processed for months.
Future of the Broadcasting Fee in Germany
But what does this mean for the ÖRR and fee payers in general? The details are still uncertain. However, if the appeal is successful, it does not mean the broadcasting fee itself can be contested. Its legality was confirmed by the Federal Administrative Court in 2015.
Nevertheless, it could become uncomfortable for the ÖRR, as it might have to legally justify its programming and diversity.