GEZ Judgment: Forced Execution Unlawful#

Landgericht Tübingen: Defeat for GEZ Collectors

The GEZ fee, often referred to as a tax, is mandatory in Germany for everyone, regardless of whether the public broadcasters ARD and ZDF are watched. This practice has now suffered a significant defeat before the Landgericht Tübingen.

Setback for the Contribution Service#

The Landgericht Tübingen has ruled that the GEZ’s practice of conducting forced executions like state authorities is not legal. The broadcasting corporations are companies and not state authorities, according to the court. This decision could have far-reaching consequences for the GEZ.

Background: GEZ and Its Opponents#

The GEZ, known as the “Contribution Service” since 2013, is a controversial institution in Germany. Many see it as an indispensable funding source for public broadcasting, while others view it as an unnecessary burden. Particularly hated are the GEZ collectors, who relentlessly collect fees, even from those who do not use the channels.

The Judgment in Detail#

The 5th Civil Chamber of the LG Tübingen has declared a forced execution amounting to 572.96 euros invalid. The judgment states that the broadcasting corporations arrogate the competencies of a state authority, which is legally untenable. Specifically, it concerns the fact that the GEZ does not take the same path as a normal creditor for outstanding payments, but prefers the fast track reserved for state authorities.

Contradictions in Practice#

The court criticized that the broadcasting corporations handle invoicing, reminders, and forced execution on their own, similar to a municipality. However, administrative enforcement can only be carried out by a state authority, according to the chamber. The Südwestrundfunk (SWR) lacks the “authority status within the meaning of enforcement law.”

Linguistic Sharpness of the Judgment#

The judgment is sharp not only in content but also in language. It is clear that the chamber does not take a benevolent stance towards the public broadcasters. Particularly embarrassing for the SWR is that it presents itself as a modern company, although it claims the advantages of a state authority.

Effects of the Judgment#

The judgment does not mean the end of the GEZ, but merely stipulates that the collectors will have more work in the future. They must now take the longer path of forced execution intended for normal creditors. The compulsory fee thus remains in place, even if the method of its collection must be changed.

Conclusion#

The judgment of the Landgericht Tübingen exposes the contradictions in the GEZ’s practice and could lead to a nationwide discussion about the legality of its methods. It remains to be seen how the broadcasting corporations will react to this decision and what consequences this will have for the future of the GEZ.