E-scooter provider takes drastic action in Cologne – “unprecedented in Germany”

Created: 2022-09-02 17:17

By: Johanna Werning

The e-scooter provider Tier is suing the city of Cologne because the special usage fee for the scooters is too high.

Other lawsuits are possible.

Cologne – There has been a real e-scooter debate in Cologne for over a year.

The scooter provider Tier has now decided to take a drastic step: The company has filed a lawsuit against the city of Cologne, as reported by 24RHEIN.

The reason: The special user fee for e-scooters in Cologne violates state law, the company explains.

The starting point for the e-scooter debate in Cologne:

In the summer of 2021 it was said that there were around 500 e-scooters in the Cologne Rhine.

How many there actually are is unclear.

However, environmentalists keep pulling e-scooters out of the Rhine.

Special usage fee:

Providers have to pay between 85 and 130 euros per e-scooter.

Cities like Düsseldorf also demand a special usage fee from the providers.

However, the fee is significantly lower in Cologne's neighboring city.

First result:

Due to the special usage fee, first providers such as Dott even completely stopped operating e-scooters in Cologne.

Lawsuit against the city of Cologne:

The Tier company has now decided to take a drastic step and filed a lawsuit against the city of Cologne.

According to the company, the high special usage fee violates state law.

E-scooters in Cologne: "We very much regret the lawsuit against the city"

"We very much regret the decision to take legal action against the city of Cologne," says Matthias Weber, Head of Cities Germany at Tier.

However, we see no other option at the moment.

"Since we had no success with our competitions in discussions with the city administration and the local supervisory authority, the only option left to us as a provider, according to the legal situation in NRW, was to take legal action to contradict the statutes.

In addition, we are examining the filing of a joint legal review action with other providers.”

"As a provider, we are not per se against charging special usage fees, especially not if they are used for the specific purpose of expanding mobility stations or expanding the cycle path infrastructure," says Weber.

But that is not the case in Cologne.

"In this case, however, the amount of the fee is unprecedented in Germany and massively threatens the economic operation of small electric vehicles in Cologne."

The e-scooter provider Tier is suing the city of Cologne (IDZRW assembly) © YAY Images/Imago & Future Image/Imago

E-scooters in Cologne: Does the special usage fee violate state law?

Providers should pay a special fee of between 85 and 130 euros per e-scooter in Cologne.

The decisive factor is the part of the city in which the e-scooter is used.

The city of Cologne decided this in May 2022.

According to Tier, the fee is not only too high, but also illegal.

Because the special usage fee violates state law.

The law introducing the Bicycle and Local Mobility Act of the State of North Rhine-Westphalia of November 9, 2021 states, among other things, in Section 5, Section 30: "Small electric vehicles are part of the multimodal mobility offer" and "The use of small electric vehicles should not be restricted to municipal Articles of association are restricted in such a way that their offer is prevented.” But that is exactly the case since the new regulation in Cologne, says the company Tier.

Cologne: lawsuit from e-scooter provider - city is "convinced that the special fee is legal"

Allegations that the city of Cologne does not see.

“The city of Cologne sees the requirements of the principle of equality fulfilled in the applicable special use statute.

Animal's statement of claim was sent to the city of Cologne yesterday, which will now first be examined by the responsible specialist offices," said a press spokesman for the city when asked by 24RHEIN on September 1st.

"The city of Cologne is always available for the providers." There have been discussions since the rental activity began.

In addition to regular appointments between the provider and the administration, there were also repeated telephone calls.

"There were also appointments and phone calls for special use permits." However, the talks served "primarily to provide comprehensive information and to maintain dialogue between the city and providers.

There was no room for negotiation when it came to the amount of the fee.” Because it was decided by the council, the city spokesman continued.

However, the city also emphasizes: "No provider has said that he cannot bear the costs," says the city spokesman.

"The city is convinced of the legality of charging fees and tariffs." It is not clear to what extent discussions are currently taking place between Tier, other providers and the city administration.

Tier emphasizes, however, that they are still "interested in an amicable solution" despite the lawsuit.