Supreme Court ruling on 3,50€ file copying fee - Will B. win the Federal Administrative Court case?
3
90Ṁ64
2026
64%
chance

Judgement of the lower court (German only): https://openjur.de/u/2382539.html

B. asked for insight into files regarding a traffic accident. The defendant demanded fees of 15,50€ (12€ administrative expenses plus 7*0,50€ for copies of 7 pages). The plaintiff B. argues that the defendant can only demand the flat rate fee for sending files (what a boring phrase, way better in the original: Aktenübersendungspauschale) of 12€. The defendant argues that the flat rate fee does not apply. There was neither a running investigative procedure, nor running fine proceedings, so the files were copied as a public service where the Aktenübersendungspauschale has no relevance.

Will B. win this legal battle for a value in dispute of 3,50€ against the State of Thüringen at one of Germany's Supreme Courts?

This will resolve according to the Supreme Court's decision, as soon as available on https://www.bverwg.de/suche?q=BVerwG+6+C+4.22&db=e&dt=&start=1&lim=10&vfn=

There will be a hearing on 2024-01-24, the market will close one year (about the average duration of proceedings) afterwards or as soon as I become aware of a decision, whichever happens first.

Edit 2025-01-25:

So it seems like the court decided (https://www.bverwg.de/de/240124U6C4.22.0) to send this back to the lower court. I'm not sure how to follow up on this. The most recent decisions by the lower court I could find date back to 2022 (https://openjur.de/th/thuringer_ovg-rspr.html). I extended the market for another year. If there's still no easy way to clearly resolve this Yes or No, I'll go with 50%, as the Supreme Court did not decide either way, but delegated back to the lower court.

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