Processes - Dispute over car posers at the OVG in Münster canceled
The North Rhine-Westphalia Higher Administrative Court announced on this Friday that the proceedings regarding a car poser in Duesseldorf will not take place. The hearing was cancelled, the OVG stated. The legal dispute has been resolved, as the contested ordinance was time-limited. The plaintiff did not allow for any further infringement, and there will be no judgment, the OVG communication explained.
The plaintiff was noticed in May 2021 on Heinrich-Heine-Allee in Duesseldorf with his high-performance vehicle emitting loud engine noise. The city issued a temporary ordinance against him, prohibiting such behavior throughout the entire city and threatening the plaintiff with a compulsory fine of 5,000 Euro if disobeyed.
The Administrative Court of Duesseldorf saw an issue with this in the first instance and criticized the threat of a compulsory fine for lacking a legal basis. According to the nationwide valid Road Traffic Regulations, more than a fine for the infringement of the order is not provided. Whether the judges at the OVG see it the same way remains open after the cancelled hearing.
Corrected schedule of events
The cancelled hearing pertained to the car poser case in Düsseldorf, which was handled by the North Rhine-Westphalia Higher Administrative Court in North Rhine-Westphalia. Despite the cancellation, the legal dispute over the noise emission from high-performance vehicles on Duesseldorf's Heinrich-Heine-Allee had been resolved, as the time-limited ordinance was no longer in effect.
