Summary:
In the City of Augsburg, Germany, the movement Fridays for Future Augsburg set up a climate camp (“Klima-Camp”) next to the city’s town hall in July 2020. The Camp was then disbanded by the city. The activists filed a complaint invoking their right to assembly guaranteed by Art. 8 of the German Basic Law (Grundgesetz; GG). The city disputed a violation of Art. 8 GG with the argument that the camp primarly had the character of an “event, fun and entertainment” and that it focused on activities such as painting banners and organizing various workshop rather than expressing opinions. Hence it was argued that the camp did not constitute an assembly protected by Art. 8 GG.
Both the lower Administrative Court as well as the Higher Administrative Court of Bavaria (BayVGH) came to the contrary conclusion. The BayVGH argued that diverse forms of communal activities are protected by Art. 8 GG and so the aforementioned activities performed by the climate camp fall under the scope of the right to assembly, although they may be non-verbal.
The city criticised the court for refraining from making a more general statement on the legality of a permanent protest camp, as the court only considered the time frame of 1-10 July 2020, which was the subject of the dispute. Nevertheless, the city of Augsburg decided not to appeal the decision of the BayVGH.
Although described as a “thorn in the city’s eye“, the camp was still standing in 2023, and was the subject of separate criminal proceedings taken against various participants.
Date of decision:
8 March 2022
Status of case:
The City of Augsburg decided not to appeal to the Federal Administrative Court, but rather to impose stricter conditions for the permanent assembly.
Suggested case citation:
Higher Administrative Court of Bavaria, Fridays for Future Augsburg v. City of Augsburg, Decision of the tenth Senate of 8 March 2022 – Au 8 K 20.1179
Case documents:
Date last updated:
4 January 2024