Mayor Reiter wants to sue the Bavarian state government – because of the ban on the bed tax
Created: 04/12/2022, 15:40
By: Miriam Haberhauer
Munich Mayor Dieter Reiter wants to take action against the planned ban on bed tax in Munich by the Bavarian state government - if necessary in court.
© IMAGO/Oryk HAIST
Munich wants to introduce a bed tax, but the state government is against it.
Now Munich's mayor Dieter Reiter wants to sue.
In other federal states, it has long been in force.
Munich – The city of Munich wants to introduce a tourist tax.
A tax of five percent on the overnight price in hotels is planned.
On Tuesday (November 29), the Bavarian state government decided to ban Munich's advance.
Munich's Mayor Dieter Reiter (SPD) called this decision "excessive gasping" and wants to take action against it in court if necessary.
Bed tax in Munich: Mayor Reiter does not want to give up without a fight
The application for approval of the tax should be submitted to the government of Upper Bavaria subject to the planned city council decision, Reiter told the
dpa
in Munich.
"And if we then get a rejection, we will go to the administrative court."
Bavarian state government does not want a bed tax - and is changing the municipal law
After a cabinet meeting on Tuesday, Head of State Florian Herrmann (CSU) declared that the state government had legal concerns about a bed or accommodation tax.
The district government would have to approve their introduction - Reiter is therefore now firmly assuming that the approval will not be granted.
At the same time, Herrmann also announced an amendment to the municipal tax law on Tuesday – in order to rule out a bed tax for hotels in Bavaria from the outset and in principle.
If this change in the law comes quickly, Reiter sees no chance for the bed tax.
"Then a lawsuit against the government of Upper Bavaria would have been unnecessary," he said.
According to him, a norm control procedure before the Bavarian Constitutional Court would then be conceivable – with reasonable prospects of success.
"Then it would be rather difficult to force the legislature to withdraw the ban," said the SPD politician.
"In addition, the process would also drag on longer."
Bavaria rejects bed tax - but approval in other federal states
The initiative of the state capital plans to levy a bed tax of five percent on overnight stays in hotels from 2023.
Leisure and business trips should be affected, but not minors or offers that cannot be directly assigned to overnight stays, such as breakfast or wellness offers.
The city recently hoped for additional income of at least 58 million euros.
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The Bavarian Association of Cities rejects the Bavaria-wide ban on bed taxes for hotels planned by the state government.
The municipalities should be able to decide for themselves whether to levy such taxes, Managing Director Bernd Buckenhofer said on Thursday.
The City Day pointed out that a number of cities outside of Bavaria levy bed taxes, which then also affect Bavarian tourists.
"City Day on our side" - Reiter rails against the state government
"The city council is on our side," said Reiter and reported: "I also get letters from mayors, also from other parties, that we shouldn't let ourselves get down." Reiter accused Prime Minister Markus Söder (CSU) and the state government to have caved in to the Hotel and Restaurant Association.
"Apparently the lobby of the hotels did a great job - which I honestly find annoying."
Reiter argued that a bed tax would primarily benefit Munich residents, who would have to pay such taxes regularly in other federal states.
"The CSU has always argued that way with the car toll - just strangely enough not with the bed tax," criticized Reiter.
In Baden-Württemberg, too, the city and community day wants to oppose the state government's plans to abolish the bed tax.
(mha/dpa)
