Court Decision - Residents have options to confront vehicles parked incorrectly on pavements.
People can challenge cars parked on sidewalks in specific situations with traffic authorities, according to a decision made by the Federal Administrative Court in Leipzig. This verdict received support. However, a restriction on using the sidewalk must be present. Residents' claims are restricted in terms of the location.
The German Association of Cities and Municipalities stated that this judgment provides clarity for traffic authorities, municipal administrative authorities, residents, and drivers and passengers alike.
The Association is urging for a new legal framework for local governments to manage the division and usage of public space. "Of course, there need to be parking spaces for individuals who depend on their vehicle," said the organization in a statement. But, alternatives to cars, such as bicyclists and walkers and public transport, should also be encouraged. "An overdue change to the Road Traffic Act would provide municipalities with more freedom of action."
Five homeowners from Bremen sued their city over "curb parking," where two wheels are on the sidewalk. The issue has been debated in Bremen for a long time. Even though it's illegal without explicit permission, curb parking is common in many German towns, and authorities tend to allow it.
The Bremen Administrative Court decided in 2021 that the plaintiffs could request intervention from traffic authorities. Authorities could decide which action they would take. However, the Bremen Higher Administrative Court, in contrast to the first instance, found that the authority had some power but could not be inactive entirely. The Federal Administrative Court concurred with this now.
The Association Fuss, which represents the interests of pedestrians, welcomed the decision. "The court has established something that is actually self-evident: The law is superior to what's called parking pressure," said Fuss board member Roland Stimpel. "With the parking pressure, Bremen and many other cities have rationalized allowing curb parking so far. This ruling is a significant step to put an end to this unconstitutional practice."
