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Abseiling action on a bridge over Autobahn 5 (archive image): protest against the construction of the A49
Photo: Boris Roessler / dpa
An environmental activist who abseiled from a motorway bridge near Wiesbaden during a protest action is said to have to pay the costs of the police operation at the time.
This was decided by the Gießen administrative court.
With this judgment, an action against a decision on costs for police measures was dismissed, the court said.
The measures would have affected a total of three people who had abseiled from a bridge over the A3 motorway near Wiesbaden for reasons of protest.
The action in October 2020 was related to protests against clearing for the construction of Autobahn 49 in the Dannenröder forest near Homberg/Ohm and other forest areas.
The state of Hesse demanded more than 13,000 euros
According to the court, the plaintiff took part in the action together with the other two people.
Like the other two people, she was removed from the bridge by police special forces.
The state of Hesse has claimed costs of 13,393.90 euros for the use, it is said.
The plaintiff essentially relied on the fact that the abseiling action was an assembly protected by the Basic Law.
At no time was there any danger to road users driving on the freeway.
The measures taken against them were therefore unlawful.
appeal allowed
The court dismissed the lawsuit.
In the context of the verbal justification, the Chamber explained that the decision was unlawful with regard to the amount of the costs determined therein, but did not infringe the plaintiff's rights.
The court considered it unlawful that the notice did not take into account all billable costs of the assignment.
The decision is not final, the chamber has allowed an appeal because of the fundamental importance, said a court spokesman.
In April 2021, the environmental activists who are said to have participated in the abseiling actions were charged with coercion.
File number: 4 K 2855/21.GI
ptz/dpa
