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23.01.2019

Court News: It is inadmissible to order including municipal housing societies to pay time-barred connection fees

Municipal housing societies can no longer be ordered to pay connection fees. The Leipzig Federal Administrative Court issued this decision based on the legal situation in the state of Brandenburg according to which connection fees from before February 1, 2004, must no longer be levied.

GSK Stockmann successfully represented two Brandenburg municipal housing societies including before the Federal Administrative Court in their effort to fend off the order to pay connection fees. Court rulings from January 23, 2019, rejected the appeal brought by water and wastewater association “Der Teltow” (Wasser- und Abwasserzweckverband). 

The court decided that applying Sec. 8 Para. 7 (2) of the Brandenburg Community Charges Act violates the constitutional prohibition on retroactivity in cases where fees could no longer be levied according to laws previously in force. The court said this represented an inadmissible retroactivity.

Representing municipal housing societies:
GSK Stockmann: Dr. Antje Demske (Projects & Public Sector)