The Mühlenkreiskliniken in the district of Minden-Lübbecke must pay broadcasting fees of around € 80,000 for the hospital in Bad Oeynhausen at least for the period from its foundation (July 2006) until October 2008. This was decided by the 3rd chamber of the Minden Administrative Court.
Westdeutscher Rundfunk (West German Broadcasting) had demanded a total of almost € 320,000 in broadcasting fees from Mühlenkreiskliniken for around 180 televisions in the hospital in Bad Oeynhausen. The demand for fees covered the period from May 1999 to October 2008 and thus also the period before the foundation of the Mühlenkreiskliniken in 2006. In the past, no application for exemption had been made for the devices in the Bad Oeynhausen hospital. The plaintiff only made such an application in September 2008. Since then, it has been exempt from the obligation to pay broadcasting fees with regard to the patient equipment.
The defendant saw the merger of the clinics in 2006 as a legal succession and also demanded the broadcasting fees from the plaintiff for the preceding period. The plaintiff contested this in two lawsuits. With regard to the fee claim relating to the period before the merger, it argued that it was not the universal successor. Moreover, it was in principle exempt from licence fees. At the very least, she should be exempted from the licence fee.
With regard to the fee claim for the period from July 2006 to October 2008, the 3rd Chamber of the Administrative Court dismissed the action (3 K 213/09). It stated that the exemption from the obligation to pay broadcasting fees only applies from the date of application. Retroactive exemption is not possible, so that the plaintiff no longer has to pay broadcasting fees until October 2008. A waiver of the fee claim could not be considered, as there was no particular hardship within the meaning of the WDR's financial regulations. The Board adjourned the further proceedings (3 K 2236/09), which relate to the period prior to that. Further clarification of the facts will take place on the question of universal succession, which would be decisive for the plaintiff's obligation to pay fees for the period prior to its formation.
further clarification of the facts will take place.
Judgment of the Administrative Court of Minden of 29.09.2010 - 3 K 213/09 -; not legally binding.
Source: Press release of the VG Minden
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law (IT law)
E-mail: info@goldberg.de
