Judgment on Contribution to Distribution: Confirmation and Recall at the Same Time

The broadcasting contribution is constitutional. However, those who have two apartments should not be charged twice, ruled the Constitutional Court. ARD and ZDF responded with relief.

Klaus Hempel, ARD-Rechtsredaktion Karlsruhe

Only one of the applicants was successful in the Federal Constitutional Court: he has a second home and therefore has to pay the royalty twice. It is unconstitutional after the judgment. The legislature must change this in the middle of 2020, said the president of the first senate of the Federal Constitutional Court, Ferdinand Kirchhof.

However, second home owners could "from the day of judgment grant exemption applications with proof of payment of the fee". This means that all those who pay extra for their second home can now apply for exemption.

"We are of course disappointed"

The Sixt car rental company also filed a lawsuit. Its representative, Franz Weinberger, finds it unfair that his company has to pay extra for each agency and rental car.

The driver, who sits in the vehicle, usually pays for his broadcast expenses in private. In addition, a contribution will be collected for the permanent establishment and then for the motor vehicle. "Of course, we are disappointed that the Federal Constitutional Court did not follow our legal opinion," Weinberger said after the verdict.

The judges of the Constitutional Court consider that the regulation is justified for companies such as Sixt. All other regulations have been approved by judges

The fact that the contribution per dwelling is collected by individuals is unequal treatment: families, for example, should pay less than one household per inhabitant. However, this is allowed because families enjoy special protection under the Basic Law.

In its judgment, the Federal Constitutional Court emphasized the particular importance of public service broadcasting. In the era of the Internet, it becomes more and more difficult to distinguish between opinions and facts

"Danger due to one-sided content"

Especially with social media providers, there is has a risk that users are only faced with one-sided content. graveyard. "Overall, this leads to a more difficult separation between facts and opinions, content and advertising, as well as greater uncertainty about the credibility of sources," Kirchhof said. . It is all the more important that public service broadcasting provides the public with carefully studied information.

The president of ARD, Bavarian radio director, Ulrich Wilhelm, speaks in this context of a Verdict revolution.

"The verdict confirms the great importance of public service broadcasting in democracy," said Wilhelm. "The importance grows, says the Federal Constitutional Court – also in the era of the Internet. For us, it is an excellent starting point for continuing to work for society and to put ourselves at the service of the people. "

Now we have to wait The European Court of Justice in Luxembourg decides on the broadcasting. It deals with the question of whether the contribution constitutes unlawful aid under EU law. A decision is expected towards the end of the year.