According to the Bavarian Administrative Court, broadcasting fees must also be paid for computers with internet access used exclusively for professional purposes. This was decided by the Bavarian Administrative Court (BayVGH) in its ruling of 19 May 2009, thus confirming the previous decision of the Ansbach Administrative Court.
The plaintiff, a lawyer, had informed the GEZ (Gebühreneinzugszentrale der öffentlich-rechtlichen Rundfunkanstalten) that he only used a PC with internet access in his office for professional purposes and not for broadcasting. The GEZ then informed the plaintiff that he was liable to pay broadcasting fees and, after the plaintiff had not paid the notified broadcasting fees, fixed them by means of a notice.
The objections raised against this and the action before the Ansbach Administrative Court were unsuccessful.
The plaintiff was also unsuccessful before the Bavarian Administrative Court. The court found that anyone who owns a computer with an internet connection ("internet-capable PC") has a broadcasting reception device within the meaning of section 1(2) RGebStV ready for reception and is therefore in principle liable to pay fees under section 2(2) RGebStV. In the opinion of the court, the general inclusion of internet-capable PCs in the obligation to pay broadcasting fees does not meet with any far-reaching constitutional concerns.
At the hearing, the Senate discussed with the parties involved the questions of whether the plaintiff was a broadcasting subscriber at all, i.e. whether the PC was a device for reception and whether, for reasons of proportionality, the legislature might be obliged to make access to domestic broadcasting programmes on the internet dependent on registration of the relevant broadcasting subscriber (e.g. via a "GEZ portal"), as this would make it possible to forego charging broadcasting fees for the mere provision of an internet-enabled PC.The plaintiff also asked the Administrative Court whether the legislator was obliged, for reasons of proportionality, to make access to domestic broadcasting programmes on the Internet dependent on the registration of the relevant broadcasting subscriber (e.g. via a "GEZ portal"), since in this way it could be waived to charge broadcasting fees for the mere provision of an Internet-capable PC, but ultimately the plaintiff was not successful before the Administrative Court.
The court allowed an appeal against this ruling to the Federal Administrative Court in Leipzig.
Bayer. Administrative Court, judgement of 19.5.2009 ref. 7 B 08.2922
Source: Press release of the Bayer. Administrative Court
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
E-mail: info@goldberg.de
